Marin County Municipal Code Ch. 1.07 Authority and Procedures for the Imposition of Administrative Fines For…

A. The County of Marin (the "county") has a significant interest in encouraging compliance with its laws. County codes often include a variety of remedies, including the right of county departments to issue citations to violators and to require them to pay administrative fines.

B. The County of Marin has authority under the U.S. Constitution, the California Constitution, and state law, through its board of supervisors, to enact ordinances to protect the health, safety, and general welfare of the public.

C. The imposition of administrative fines serves the public interest by deterring ordinance violations and internalizing costs on those who would otherwise profit from such violations.

D. The board adopts this chapter to provide standard procedures for the imposition, enforcement, collection, and review of administrative fines.

(Ord. No. 3762, 2022)

The procedures set forth in this chapter are adopted pursuant to Government Code section 53069.4.

(Ord. No. 3762, 2022)

A. The purpose of this chapter is to provide additional remedies to be used at the county's discretion for violations of county ordinances.

B. The remedies authorized in this chapter are cumulative to any other remedy provided for in this Code or the laws of the State of California, or the United States of America, and the administrative fines authorized in this chapter may be imposed in addition to any other fine, penalty, fee, charge, notice of violation, or any other remedy provided for in this Code or the laws of the State of California, or the United States of America, so long as the cumulative application of such available remedies would not violate any applicable law.

(Ord. No. 3762, 2022)

Whenever used in this chapter, the following words and phrases shall be defined as set forth in this section:

A. Citation or administrative citation. A document issued to a responsible person imposing administrative fines pursuant to Section 1.07.050, including notice of accrued fines.

B. Correction period. A reasonable period of time for a responsible person to correct or otherwise remedy a continuing violation prior to the imposition of administrative fines.

C. Department head. Head of the issuing department or a designee.

D. Enforcement officer. Any county employee or agent of the county authorized to enforce any provision of this Code.

E. Code. Marin County Ordinance Code.

F. Issuing department. The county department whose enforcement officer issued the administrative citation or notice of violation.

G. Violation. The failure to comply with any county ordinance or provision of the Code. Each day a violation exists is a new and separate violation, subject to administrative fines under this chapter.

H. Responsible person. A person liable for an administrative fine imposed pursuant to this chapter. There may be more than one responsible person. They include the following: the owner of the real property where a violation exists; a person in control of the property where a violation exists, including a tenant, agent, employee, contractor, subcontractor or other occupant; a person who causes or materially contributes to the violation; a person who maintains or allows the violation to continue by his or her action or inaction; a person whose agent, employee, or independent contractor causes or materially contributes to the violation; an on-site manager of a business who is responsible for the activities at the business premises at which a violation occurs or exists; and any other person having a legal duty to comply with the ordinance alleged to have been violated.

(Ord. No. 3762, 2022)

A. Imposition of administrative fine. This section authorizes the imposition of administrative fines by citation.

B. Authority to issue: Whenever an enforcement officer determines that a violation has occurred, the officer shall have the authority to issue an administrative citation to any responsible person, except that if the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues the enforcement officer shall proceed first by issuing a notice of violation under Section 1.07.060 and provide a correction period. If the violation creates an immediate danger to health or safety, an enforcement officer may issue an administrative citation immediately, notwithstanding the preceding limitation requiring a notice of violation.

C. Effect of issuance. The responsible person shall pay the fine specified on the citation within thirty-five days from the date of issuance.

D. Contents of citation. Each administrative citation shall contain the following information:

1. The name and mailing address of the responsible person, as available or apparent to the enforcement officer;

2. The date of the violation and issuance of the citation or, if the date of the violation is unknown, then the date the violation was identified;

3. The address or a description of the location where the violation occurred;

4. The Code section or ordinance violated;

5. A brief description of the facts establishing the violation;

6. A copy of the preceding notice of violation, if any;

7. The total dollar amount of the administrative fine imposed;

8. An enumeration of the amounts imposed per violation, where applicable;

9. 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;

10. A statement that payment does not excuse correction of the violation and that additional citations may be issued or additional fines accrued if the violation persists;

11. If the violation pertains to the condition of real property, a statement that failure to pay fines or correct the violation may result in the revocation, suspension or denial of county permits as well as further legal action, which may include nuisance abatement proceedings resulting in a lien against the property at issue;

12. 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

13. The name and signature of the enforcement officer.

E. Notice of accrued fine. If a violation which was the subject of an administrative citation continues and would otherwise be subject to additional daily citations and fines under this chapter, an enforcement officer may, in lieu of issuing separate administrative citations for each day or other period that the violation continues, impose administrative fines under this chapter by issuing to the responsible person notice that fines have accrued for a continuing violation. The notice shall include as an attachment a copy of the initial citation on which the accrued fine is based and inform the responsible person of the date on which fines began to accrue, the total amount in fines accrued since that date, the amount accrued since the date of the last notice of accrued fine, if any, and the rate at which they may accrue if the violation continues. The notice of accrued fine shall also inform the responsible person of the administrative review process applicable to citations under this chapter. The date on which fines may begin accruing shall be no earlier than ten days after issuance of the initial administrative citation, unless the citation was preceded by a notice of violation, in which case, fines may begin accruing as specified in paragraph G of Section 1.07.060 of this chapter. New notice of accrued fine shall be issued and served on the responsible party at minimum every fourteen calendar days as long as fines continue to be imposed by accrual under this paragraph. Accrued fines shall be due thirty-five days after the notice of accrued fine is issued.

F. Recission. An enforcement officer or department head may rescind a citation, and any fines imposed thereby, before fines are due, if the responsible party promptly and in good faith remedied all violations cited such that further administrative enforcement would serve no significant public interest. A citation may also be rescinded before fines are due if it appears the responsible party will in good faith remedy all violations within a reasonable time. In such case, an enforcement officer may rescind the citation and in its place issue a notice of violation specifying a correction period. The power to rescind shall be exercised entirely at the discretion of the enforcement officer and department head. A brief description of the reason for the recission shall be noted in writing on the copy of the citation retained by the department or on an attachment thereto. Notice of the recission shall be served on the responsible party. The power to rescind shall be exercised entirely at the discretion of the enforcement officer or department head.

G. Modification. The enforcement officer or department head may modify a fine imposed when one or more but not all cited violations have been remedied, or if the amount imposed, including accrued fines, is deemed inappropriate after further inquiry or departmental review. No increase in fine may be imposed by modification. Notice of the modification, which shall include the newly modified amount imposed, if any, and reference the citation on which the fine is based, shall be served on the responsible person. Any modified fine shall be due thirty-five days after issuance of the notice of modification. The power to modify shall be exercised entirely at the discretion of the enforcement officer or department head.

(Ord. No. 3762, 2022)

A. Authority to issue. Whenever an enforcement officer determines that a violation has occurred, the officer shall have the authority to issue a notice of violation to any responsible person.

B. Effect of issuance. The responsible person shall remedy the violation within the correction period specified on the notice of violation. The responsible person shall be served with a copy of the notice of violation.

C. Contents of notice of violation. The notice of violation shall contain:

1. The name and mailing address of the responsible person, as available or apparent to the enforcement officer;

2. The date of the violation and issuance of the notice or, if the date of the violation is unknown, then the date the violation was identified;

3. The address or a description of the location where the violation occurred;

4. The code section or ordinance violated;

5. A description of the violation;

6. The correction period, expressed in calendar days from the date of issuance;

7. A statement that if the violation is not fixed by the end of the correction period, then a citation may be issued and administrative fines imposed;

8. The maximum fine per violation to be imposed should the violation not be corrected within the correction period;

9. The name and signature of the enforcement officer;

10. Contact information, including a telephone number and email, of the issuing department for the purposes of verifying compliance, requesting an extension to the correction period, or clarification of the basis for the violation.

D. Extensions to correct. An enforcement officer may extend the correction period if, at the officer's discretion, the responsible person in good faith is attempting to remedy the violation and makes a reasonable request for additional time to do so. The new correction period shall be served or otherwise communicated to the responsible person in writing. No verbal extension shall have legal effect.

E. Failure to correct. If the violation continues after the correction period specified on the notice of violation expires, or after that specified by extension under paragraph D of this section, the enforcement officer may impose administrative fines under Section 1.07.050, including accrued fines for each new violation, for any period during which the violation existed or continues to exist, including within the correction period.

(Ord. No. 3762, 2022)

A. Effective date. Service shall be effective at the time of personal service or five days after service by mail or posting.

B. Methods of service. Whenever notice to a responsible person is required under this chapter it shall be served by means reasonably certain to reach such person and shall include one or more of the following methods:

1. By personal delivery;

2. By mail to the last known address of the responsible person, derived from the county's last equalized property tax assessment rolls, or from any government filing in the which the responsible person is required to maintain a current address, or from any other reliable source known to the enforcement officer; or

3. If the violation occurred on real property known to the enforcement officer to be owned, possessed, or controlled by the responsible person, by posting in a conspicuous place at such property.

C. Failure of a responsible person to receive actual notice shall not affect the validity of any fine or proceeding under this chapter.

(Ord. No. 3762, 2022)

A. Where the violation has been deemed an infraction under the Code, an administrative fine imposed under this chapter shall not exceed the maximum amounts set forth for infractions in Government Code section 25132.

B. The board may by resolution adopt schedules of fines to be imposed under this chapter.

C. Any violation not governed by a schedule adopted by the board shall be subject to an administrative fine not to exceed the following amounts per violation:

1. Five hundred dollars if the violation relates to real property;

2. One hundred fifty dollars for all other violations.

D. The administrative fine amounts shall be cumulative where multiple violations exist. Each day, or any portion thereof, during which any violation continues, exists, or occurs shall be deemed a separate violation for which an administrative fine may be incurred and accrue.

E. Notwithstanding paragraph D, where fine amounts are determined by Government Code section 25132 under paragraph A, fines shall not accrue on a daily basis, but shall instead be subject to increase depending on whether the violation is the first, second or subsequent of the same ordinance, as specified in section 25132. An administrative fine being deemed confirmed under Government Code section 53069.4(c) shall have the same effect under this chapter as a conviction or civil judgment under section 25132 for the purpose of determining whether a violation is the first, second or subsequent in a given year or years.

F. Any fine imposed may include administrative costs incurred by the issuing agency in its enforcement against the responsible person in addition to the base fine specified in paragraph D of this section or in a schedule adopted by the board.

(Ord. No. 3762, 2022)

A. The fine shall be paid to the County of Marin within thirty-five days from the date of issuance of a citation. Failure to pay the fine in a timely manner shall result in the assessment of an additional late fee in the amount of ten percent of the total amount of the administrative fine owed.

B. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the Code violation that is the subject of the citation.

(Ord. No. 3762, 2022)

A. Any person upon whom an administrative fine has been imposed under this chapter may contest whether a violation occurred, whether the person was in fact a responsible person, and whether the amount of the fine imposed conforms to this chapter by completing a "request for hearing" form and returning it to the issuing department within thirty-five (35) days of the issuance of the citation together with an advance deposit of the full amount of the fine imposed or written notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 1.07.110.

B. The failure of any person to request a hearing in accordance with this section shall constitute a waiver of the right to appeal to the superior court pursuant to Section 1.07.150, in which case the enforcement officer's decision regarding the violation and the amount of the fine imposed shall be deemed confirmed and final.

(Ord. No. 3762, 2022)

A. Any person who requests a hearing and who is financially unable to pay the advance deposit of the fine as required by Section 1.07.100 may file a request for an advance deposit hardship waiver.

B. The request shall be filed with the issuing department on an "advance deposit hardship waiver" application form with a completed "request for hearing" form. The "advance deposit hardship waiver" form must include a sworn affidavit from the requesting party. The department head may waive the deposit if the affidavit and any additional supporting documents demonstrate to the department head's satisfaction that the person is financially unable to deposit the full amount of the fine in advance of the hearing without enduring substantial economic hardship.

C. The requirement that the full amount of the fine be deposited pursuant to Section 1.07.100 shall be stayed until the department head determines whether to issue the hardship waiver.

D. If the advance deposit hardship waiver is denied, the department head shall issue a written decision. The decision shall be final and there shall be no right of appeal to the board of supervisors or hearing officer. The written decision shall be served upon the person who applied for the waiver, who shall remit the fine deposit to the county within ten days of service of the decision. Failure to pay the deposit in a timely manner shall result in a waiver of the right to a hearing before a hearing officer.

(Ord. No. 3762, 2022)

A. A hearing on the citation shall be set for a date not less than fifteen days nor more than sixty days from the date that the completed "request for hearing" is filed, unless the enforcement officer determines that the matter is urgent or that good cause exists for an extension of time.

B. The hearing officer shall be the department head or their designee. The hearing officer shall not be the enforcement officer.

C. At least ten days prior to the hearing, the hearing officer shall give written notice of the time and place of the hearing to the person contesting the citation and the issuing department. If an enforcement officer submits an additional report concerning the citation to the hearing officer for consideration at the hearing, a copy of the report shall be served on the person requesting the hearing at least seven days prior to the date of the hearing.

D. The administrative hearing shall provide a reasonable opportunity for a person subject to an administrative fine to contest whether a violation occurred, whether the person was in fact a responsible person, and whether the amount of the fine imposed conforms to this chapter. Hearings may be held remotely by telephone or videoconference.

E. No hearing to contest a citation before a hearing officer shall be held unless the full amount of the fine has been deposited in advance or an advance deposit hardship waiver has been granted.

F. At the hearing, the party contesting the citation shall be given the opportunity to testify and present evidence concerning the citation. The citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

G. The hearing officer may continue the hearing and request additional information from the parties prior to rendering a written decision.

H. The failure of any recipient of a citation to appear at the hearing shall constitute a waiver of any objections to the imposition and amount of the fine and shall constitute a failure to exhaust administrative remedies.

(Ord. No. 3762, 2022)

A. After considering the evidence submitted at the hearing, the hearing officer shall issue a written decision to confirm, modify or rescind the citation. If the hearing officer determines that the citation should be confirmed and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth in the decision a payment schedule. If the hearing officer determines that the citation should be rescinded or modified and the fine was deposited with the county, then the county shall promptly refund the amount owed. The hearing officer may not order attorney's fees to either party.

B. The recipient of the citation shall be served with a copy of the hearing officer's written decision within a reasonable time from the date of the hearing. The decision of the hearing officer shall be the final administrative order and decision. There shall be no right of appeal to the board of supervisors, but a responsible person may file an appeal in superior court as provided in Section 1.07.150.

(Ord. No. 3762, 2022)

A. The failure to pay the fine imposed by citation or the failure to correct a code violation as identified in a citation may result in:

1. The referral of the code violation to county counsel or to the district attorney for commencement of a civil or criminal proceeding; and

2. The referral of the fine due to an outside agency for collection as a personal debt; and

3. Filing of a petition in a court of competent jurisdiction for enforcement of the obligation to pay the administrative fine, which may include the recording of a lien and foreclosure for violations in connection with real property; and

4. The suspension or withholding of the issuance or renewal of any county permit by the issuing department.

B. These remedies are non-exclusive and may be pursued in addition to any other available at law.

(Ord. No. 3762, 2022)

Any person aggrieved by a final administration order of a hearing officer may obtain review of the administrative decision by filing a petition for review with the Superior Court of California, County of Marin, in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.

(Ord. No. 3762, 2022)