Chapter 9 — ADMINISTRATIVE ENFORCEMENT PROCEDURE

(A) The City Council finds and declares that there is a need for an alternative method of enforcement for violations of the Municipal Code, and that an appropriate method of enforcement is an administrative citation program.

(B) The City Council further finds that it is in the public's interest to streamline enforcement of violations of city ordinances through the use of administrative citations. An administrative citation allows for a quicker resolution of uncontested violations, while continuing to give persons who have been issued an administrative citation the opportunity for a hearing before a neutral party. It further allows the city to recover costs associated with the enforcement process, not always available under criminal prosecution.

(Ord. 744 C.S., passed 1-15-03)

Pursuant to Article XI, Section 7 of the California Constitution, the city has the authority to make and enforce within its jurisdictional limits all laws for the public health, safety, and welfare of its citizens not in conflict with general state laws. In addition, Cal. Gov't Code § 36901 specifically provides that a city may impose civil fines, penalties and forfeitures up to a maximum of $1,000 for violation of a city's ordinances. Also, Cal. Gov't Code § 53069.4 expressly authorizes a city to establish an administrative citation program for violation of city ordinances. (Ord. 744 C.S., passed 1-15-03)

Nothing in this chapter is intended to preclude the city from using any other available methods to enforce the provisions of the Municipal Code.

(Ord. 744 C.S., passed 1-15-03)

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

CITY ADMINISTRATOR . The City Administrator of the city of Madera, or his or her designee.

ENFORCEMENT OFFICER . Any person designated by the City Administrator to enforce violations of a portion of or all of the Municipal Code.

HEARING OFFICER . The City Administrator, or his or her designee.

RESPONSIBLE PARTY . Any person who is responsible for violating any provision of the Municipal Code. (Ord. 744 C.S., passed 1-15-03)

(A) Issuance of citation . Any person violating any provision of the Municipal Code may be issued an administrative citation by an Enforcement Officer as provided for in this chapter.

(B) Violation . Each and every day a violation of any provision of the Municipal Code exists constitutes a separate violation of said provision.

(C) Fines . A fine for violations of the Municipal Code may be assessed by means of administrative citation issued by the Enforcement Officer and shall be directly payable to the city.

• (D) Collection . Administrative fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this chapter.

• (Ord. 744 C.S., passed 1-15-03)

(A) With the exception of violations that are automatically or expressly deemed infractions under the Municipal Code, the amount of the fine assessed for each administrative citation issued for the same violation(s) within one year shall be as follows:

• (1) First administrative citation -- $125;

• (2) Second administrative citation -- $525;

• (3) Third or subsequent administrative citation -- $1,000.

• (B) For violations of the Municipal Code that are automatically or expressly deemed infractions, the amount of fine assessed for each administrative citation issued for the same violation within one year, shall be as follows:

• (1) First administrative citation -- $100;

• (2) Second administrative citation -- $225;

• (3) Third or subsequent administrative citation -- $500.

(C) The Council, by resolution may set a fine for a particular violation at less than the amounts provided for herein, but such fines shall not exceed the amounts contained in this chapter. Notwithstanding the limitations set forth herein, for violations of the provisions of Chapter 11 of Title IX of the Municipal Code, a fine of up to $1,000 per day for each day a violation of that Chapter exists, may be assessed pursuant to Cal. Civil Code § 2929.3.

(D) For purposes of this section, the "same violation" shall mean violations of the same code section even if they occur at a different location.

(E) Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.

• (F) All fines assessed shall be payable to the city.

(G) The failure of any person to timely pay a fine assessed by administrative citation shall result in the assessment of an additional late fee to be charged. The amount of the late fee shall be 10% of the total amount of the administrative fine owed.

(Ord. 744 C.S., passed 1-15-03; Am. Ord. 911 C.S., passed 9-3-14; Am. Ord. 1004 C.S., passed 11-15-23)

(A) Issuance of citation . Upon determining that a violation of the Municipal Code has occurred, the Enforcement Officer shall determine the party responsible for the violation. If the responsible party is a business, the responsible party shall be deemed to be the person who is in immediate control of the business on site that day, or when determined by the Enforcement Officer, the legal owner of the business may be deemed the responsible party.

(B) Written notice . Except as provided for in subdivision (D) of this section, prior to issuing an administrative citation to a responsible party, the Enforcement Officer shall provide written notice to the responsible party of the violation. That notice need not be in any particular form but shall at a minimum:

(1) Describe the nature of the Municipal Code violation, including identifying the Municipal Code section or sections violated;

(2) Identify what action is necessary to correct the violation;

(3) Provide the responsible party with not less than 10 days to correct the violation, unless: (i) a lesser time is specified elsewhere in the Municipal Code; or (ii) the Enforcement Officer determines that a lesser time is necessary to protect the public health, safety, or welfare of the citizens of the city;

• (4) Explain the consequences of a failure to correct the violation or violations; and

• (5) The maximum fine that could be imposed.

(C) Delivery of notice . The notice required in subsection (B) of this section may be delivered to the responsible party by first class mail, postage pre-paid, certified mail, overnight mail, facsimile, telex, hand delivery, or by any other method reasonably likely to provide notice to the responsible party, by sending notice to the responsible party's business address, principal place of business address, residence address, or other address known to the Enforcement Officer by reliable information. The time within which to correct the violation shall run from the date the notice is sent.

(D) Exceptions . The notice required under this section may be dispensed with for the following violations: (1) violations that create an imminent danger to the health, safety and/or welfare as determined by the Enforcement Officer, and for which immediate correction is required; (2) non-continuing violations for which it is not practicable or possible to provide prior notice and an opportunity to correct; and (3) repeat or chronic violations where either formal or informal notice of the violation, and previous reasonable opportunities to correct have been provided. Examples of non-continuing violations where notice is not practicable or possible include, but are not limited to, violations relating to the maintaining of dogs at large and vicious dogs, the spillage of hazardous waste, watering at prohibited times and other water wasting violations, and the lighting of fires.

(E) Expiration of notice . If after the expiration of the time period provided to the responsible party to correct the violation, the responsible party has not corrected the violation, the Enforcement Officer may issue an administrative citation to the responsible party by one of the following methods:

(1) The Enforcement Officer may attempt to locate the responsible party at the location of the violation during regular business hours if a business, or at any reasonable time if not a business. If the Enforcement Officer is able to locate the responsible party, the Enforcement Officer shall attempt to obtain the signature of that person on the administrative citation. If that responsible party refuses to or does not sign the administrative citation, the lack of signature shall in no way affect the validity of the citation and subsequent proceedings. If the responsible party refuses to accept the administrative citation, the Enforcement Officer may either leave the citation with the responsible party or mail the citation in accordance with this section;

(2) For property related violations, the Enforcement Officer may securely post the citation in a conspicuous place on the property and mail a copy of the citation to the responsible party by first class mail within three days of posting to the responsible party's business address, principal place of business address, residence address, or other address known to the Enforcement Officer by reliable information. Such mailing may be made by first class mail, postage prepaid, or by certified mail.

(F) Sufficient notice of subsequent violation . The notice provided pursuant to this section shall be sufficient notice for subsequent violations of the same code section occurring within one year of the notice if the violation occurs at the same location.

(Ord. 744 C.S., passed 1-15-03)

The administrative citation shall be on a form approved by the City Administrator and shall at a minimum, include the following:

• (A) Date and location of the violation or violations;

• (B) Section or sections of the Municipal Code violated;

• (C) Right to appeal the citation;

• (D) Signature of the Enforcement Officer; and

• (E) Signature of the responsible party, or if not signed by the responsible party, the address where the citation is served posted, and/or mailed.

(F) Sufficient notice of subsequent violation . The notice provided pursuant to this section shall be sufficient notice for subsequent related violations of the same code section occurring within one year of the notice.

• (Ord. 744 C.S., passed 1-15-03; Am. Ord. 916 C.S., passed 2-18-15)

(A) Appeal . Any person receiving an administrative citation which carries a monetary penalty shall within 15 calendar days from the issuance date, either pay the fine or file an appeal with the City Administrator. If the deadline for the appeal falls on a Saturday, Sunday, or city holiday, then the deadline for the notice of appeal shall be extended to the next regular business day. Notice of violation or violations may not be appealed unless they are proposed to be recorded pursuant to § 1-9.13.

(B) Form . A notice of appeal shall be in writing and shall identify the citation being appealed and specify the basis for the appeal in sufficient detail so that a Hearing Officer can understand the grounds for appeal.

(C) Appointment of Hearing Officer . As soon as practicable after receiving a written notice of appeal, the City Administrator shall appoint a Hearing Officer and fix a date, time and place for the hearing. Written notice of the time, date and place for the hearing shall be served at least 10 calendar days prior to the date of the hearing to the party appealing the citation by any one or more of the following means:

• (1) Personal service or;

• (2) First class mail, postage pre-paid, at the address specified in the notice of appeal, or if no address is specified, at such other address known to the City Administrator by reliable information; or

(3) If a property related violation, by posting notice of hearing conspicuously on or in front of the property on which the violation is located. The failure of any person to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by normal delivery mail in the manner described above shall become effective on the date of mailing.

(D) Waiver . Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person's rights to an administrative determination of the merits of the citation and the amount of the fine.

(Ord. 744 C.S., passed 1-15-03; Am. Ord. 878 C.S., passed 10-20-10)

(A) The Hearing Officer shall conduct an orderly proceeding and accept evidence on which persons commonly would rely in the conduct of their business affairs. The technical rules of evidence shall not apply, except that irrelevant and unduly repetitious evidence shall be excluded. All evidence shall be received only on oath or affirmation. The hearing shall be informally conducted.

(B) During the hearing, the Enforcement Officer shall present information or testimony relating to the violation and the appropriate means of correcting the violation or violations. The owner, agent, party responsible for the violation, or any other interested person may present testimony or evidence concerning the violation and the means and time frame for correction.

(C) Witnesses . Each party shall have the right to: (1) call and examine witnesses on any matter relevant to the issues being determined at the hearing; (2) introduce documentary and physical evidence; (3) cross-examine opposing

witnesses on any matter relevant to the issues to be determined at the hearing; (4) impeach any witness regardless of which party first called the witness to testify; (5) rebut the evidence; (6) be represented by anyone who is lawfully permitted to do so. The Hearing Officer shall direct the order of the proceedings.

(D) Official notice . The Hearing Officer may take official notice, either during the hearing, or after submission of the matter for decision, of any fact which may be judicially noticed by the state courts, or of official records, regulations, rules and decisions of state and local agencies, boards and departments, and of city and county ordinances. In addition, the Hearing Officer may take official notice of matters in its own files and of prior proceedings under this chapter involving the same issues. If applicable, the Hearing Officer may also take official notice of any generally accepted technical or scientific matter within the Hearing Officer's expertise. The parties present at the hearing shall be informed of the matters to be noticed, and those matters should be noted in the record, referred to herein, or appended thereto. Any such party shall be given a reasonable opportunity on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority.

(E) Recording . The hearing shall be tape recorded. The parties, at their sole expense, may have the hearing recorded by a certified shorthand reporter or court reporter.

(F) Determination . At the conclusion of the hearing, the Hearing Officer may sustain the citation, not sustain the citation, take the matter under submission, and may reduce, waive or conditionally reduce the fine as determined. The Hearing Officer may also impose conditions and deadlines by which to correct the violation or pay any outstanding fine. If the Hearing Officer takes the matter under submission, he or she shall render a decision within 10 calendar days of the completion of the hearing. In all appeals, a written determination shall then be provided to the person appealing in a form to be approved by the City Administrator. Said determination shall be served on the person appealing the citation and responsible party if different from the person appealing the citation, in the same manner as notice of the hearing was served on the responsible party, and is effective upon the date of service.

(G) Final decision . The decision of the Hearing Officer regarding any appeal is the final administrative order and decision. There are no appeals to the City Council. Judicial review may be had only in accordance with the provisions of Cal. Gov't Code § 53069.4.

(H) Payment of fine . The time to pay a fine following an administrative hearing is 20 calendar days after service of the Hearing Officer's determination unless the Hearing Officer provides for a longer time. (Ord. 744 C.S., passed 1-15-03)

(A) The failure of any person to timely pay a fine assessed by administrative citation constitutes a debt owed to the city. To enforce that debt, the City Administrator may cause to be filed a claim with the small claims court or other appropriate court.

(B) Assessment lien . The City Administrator may also impose an assessment lien as set forth below or pursue any other legal remedy to collect such money.

(C) Notice . The City Administrator may impose a special assessment against the property that is the subject of an administrative citation, if the citation has been issued to the property owner for the amount of the fine, plus late fees, plus any administrative charge established by the City Administrator to cover the costs of imposing the assessment. The assessment shall be imposed in accordance with the following procedures:

(1) The City Council shall confirm the amount of the assessment at a regularly scheduled meeting or at a special meeting;

(2) The property owner and any holder of mortgage or deed of trust of record shall be notified of the meeting to confirm the assessment in accordance with noticing provisions of § 1-9.09;

(3) After confirmation by the City Council, the City Administrator shall cause to be recorded a notice of lien in the office of the County Recorder. When so made and confirmed, the costs shall constitute a lien on that property for the amount of the assessment;

(4) After confirmation and recordation, a copy may be turned over to the County Tax Collector. At that point, it will be the duty of the Tax Collector to add the amounts of the respective assessments to the next regular tax bills levied against the lots and parcels of land for collection of county property taxes. Those amounts shall be collected, and shall be subject to the same penalties and procedures under foreclosure and sale in cases of delinquency as provided for with ordinary county taxes. Or, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The notice of lien shall be in a form as approved by the City Administrator.

(D) Cost recovery . If the failure of any person to may a fine assessed by administrative citation results in the filing of an action with the small claims court, or any other court to collect the fine, the city shall be entitled to collect all costs, including reasonable attorney's fees; associated with the filing of such an action.

(Ord. 744 C.S., passed 1-15-03)

The City Administrator may adopt guidelines to aid in the interpretation and enforcement of this chapter. (Ord. 744 C.S., passed 1-15-03)

(A) Whenever a violation on real property remains uncorrected after a notice of violation has been issued, a copy of the notice of violation may be recorded by the Neighborhood Preservation Manager in the real property records of Madera County if the following prerequisites are met:

(1) A violation has remained uncorrected on the property for at least 30 calendar days following service of the notice of violation;

(2) The owner, if not the responsible party, has been notified of the prospective recordation and been offered the opportunity to correct the violation;

(3) The property owner and all of the responsible parties has been notified that development permits shall be withheld during the time the property remains in violation pursuant to § 1-9.14 of the Madera Municipal Code, except for those permits that are necessary to bring the property into compliance;

(4) The responsible party and the property owner have been noticed and offered a hearing pursuant to the provisions for appeals in Title I, Chapter 9 of the Madera Municipal Code to contest the proposed corrective action and the proposed recordation.

(B) Cancellation of recordation. The Neighborhood Preservation Manager shall issue to the property owner and other responsible parties a signed notice of compliance which states on its face that it cancels the notice of violation once all violations have been corrected and any administrative penalties, costs and fines involved in the enforcement process have been paid. The notice of compliance shall be recorded by the Neighborhood Preservation Manager if the notice of violation was recorded.

(Ord. 878 C.S., passed 10-20-10)

After a notice of violation has been recorded against the property pursuant to § 1-9.13 of the Madera Municipal Code, the Chief Building Official shall withhold the issuance of any permits for development as allowed by law upon that property, save for those permits necessary to correct the violation(s). A party whose permits are to be withheld

shall be noticed as part of the recordation process pursuant to § 1-9.13 of the Madera Municipal Code and offered a hearing pursuant to the provisions for appeals contained in Title I, Chapter 9 in which to contest the decision. (Ord. 878 C.S., passed 10-20-10)