McFarland Municipal Code Ch. 1.14 Administrative Citations

The enforcement of the city's municipal code is vital to the protection of the public's health, safety and quality of life. Under Government Code Section 53069.4, the city is authorized to adopt an administrative citation and civil fine program, which offers an alternative method of enforcement of violations of the municipal code. 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. No. 018-2012, § 1, 2-23-12)

For the purposes of this chapter, the following definitions apply to these words and phrases:

"Administrative citation" or "citation" means a written notice to a responsible person that a violation of this code has occurred and an assessment of a civil fine issued by a code enforcement officer.

"City manager" means the city manager of the city of McFarland or the manager's designee.

"Continuing violation" means either: (1) a particular violation of the code continuing for more than thirty days without correction or abatement, or (2) a repeated, consecutive violation of the same offense without intervening days.

"Hearing officer" means the city of McFarland chief of police or his or her designee.

"Notice of violation" means 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.

"Officer" means any person authorized to enforce certain provisions of this code. The following officers and employees have the authority to issue administrative citations as civil fines: city manager, police chief, public works director and planning director.

"Responsible person" means a natural person or legal entity, that an officer determines is responsible for causing or maintaining a violation of this code, who is the owner, tenant, cotenant, lessee, sublessee or other person with any right to possession of the property where a violation of city codes occurs that is related to the use of property; the owner, majority stockholders, corporate officers, trustees, and general partners of a legal entity; and the on-site manager who normally works daily at the site and is responsible for the activities at such premises. Responsible person also includes the parent of legal guardian of a minor that commits a violation of this code.

(Ord. No. 018-2012, § 1, 2-23-12; Ord. No. 065-2017, § 1, 2-9-17; Ord. No. 0005-2021, § 3, 6-10-21)

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 or any other officer authorized to enforce certain provisions of this code.

C. Any 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 a code enforcement officer.

E. Each and every thirty days 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 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 Section 1.14.070(C).

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. No. 018-2012, § 1, 2-23-12)

A. Whenever an officer determines that a violation of this code exists, the officer shall issue a notice to abate to a responsible person prior to issuing an administrative citation which requires immediate action by the responsible person to cease and abate the violation within seven days of the date of mailing of the notice to abate. If the violation has not ceased or abated within seven days of the notice to abate, the code enforcement officer may issue an administrative citation.

B. In accordance with Government Code Section 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 officer, but in no event less than thirty days. If, after the correction period stated in the notice, the violation is not ceased or abated, the officer may issue an administrative citation.

C. Any fines levied shall proceed as follows:

1. If the fine (the "first fine") is not paid within thirty days, a penalty of fifty percent of the first fine will be added to the first fine. If the first fine and the fifty percent penalty are not paid within thirty days, an additional penalty of one hundred percent of the first fine will be added to the first fine and the fifty percent penalty.

2. If the first fine and penalties are not paid within sixty days, a second fine for the same violation may be issued (the "second fine") and, in that event, if the first fine and penalties and the second fine are not paid within thirty days, a penalty of fifty percent of the second fine will be added to the second fine. If the second fine and the fifty percent penalty and the first fine and penalties are not paid within thirty days, a further penalty of one hundred percent of the second fine will be added to the second fine and penalty.

3. If the second fine and penalties and the first fine and penalties are not paid within sixty days, a third fine may be issued for the same violation (the "third fine") and if the first and second fines and penalties and the third fine are not paid within thirty days, a penalty of fifty percent of the third fine will be added to the third fine. If the first and second fines and penalties and the third fine and fifty percent penalty are not paid within thirty days, a further penalty of one hundred percent of the third fine will be added to the third fine. If the third fine and penalties and the first and second fines and penalties are not paid within thirty days, the city may take further action to abate the nuisance and collect the fines and penalties as further described in this Chapter 1.14 or elsewhere in the Municipal Code.

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.

E. Notwithstanding the foregoing, violations of Section 8.08.020 of this code shall subject a responsible person to an immediate administrative citation and fine in an amount determined by separate resolution of the city council. Fines for fireworks violations shall be due within seven calendar days of the date of issuance of the administrative citation or the date noted on the administrative citation, whichever is sooner.

(Ord. No. 018-2012, § 1, 2-23-12; Ord. No. 067-2017, § 1(A), 5-25-17; Ord. No. 008-2020, § 1(A), (B), 9-24-20; Ord. No. 010-2020, § 1(A), (B), 11-12-20; Ord. No. 0005-2021, § 3, 6-10-21)

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;

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. No. 018-2012, § 1, 2-23-12)

A. The amount of the fine will be assessed according to a schedule of fines adopted by the city council. 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 one hundred dollars every thirty days for a first violation;

2. A fine not exceeding two hundred and fifty dollars every thirty days for a second violation of the same code provision or permit within one year from the date of the first violation;

3. A fine not exceeding five hundred dollars every thirty days for each additional violation of the same code provision or permit within one year from the date of the first violation.

C. Any fines levied shall proceed as follows:

1. If the fine (the "first fine") is not paid within thirty days, a penalty of fifty percent of the first fine will be added to the first fine. If the first fine and the fifty percent penalty are not paid within thirty days, an additional penalty of one hundred percent of the first fine will be added to the first fine and the fifty percent penalty.

2. If the first fine and penalties are not paid within sixty days, a second fine for the same violation may be issued (the "second fine") and, in that event, if the first fine and penalties and the second fine are not paid within thirty days, a penalty of fifty percent of the second fine will be added to the second fine. If the second fine and the fifty percent penalty and the first fine and penalties are not paid within thirty days, a further penalty of one hundred percent of the second fine will be added to the second fine and penalty.

3. If the second fine and penalties and the first fine and penalties are not paid within sixty days, a third fine may be issued for the same violation (the "third fine") and if the first and second fines and penalties and the third fine are not paid within thirty days, a penalty of fifty percent of the third fine will be added to the third fine. If the first and second fines and penalties and the third fine and fifty percent penalty are not paid within thirty days, a further penalty of one hundred percent of the third fine will be added to the third fine. If the third fine and penalties and the first and second fines and penalties are not paid within thirty days, the city may take further action to abate the nuisance and collect the fines and penalties as further described in this Chapter 1.14 or elsewhere in the municipal code.

(Ord. No. 018-2012, § 1, 2-23-12; Ord. No. 008-2020, § 1(C), 9-24-20; Ord. No. 010-2020, § 1(C), 11-12-20)

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

1. Pay the fine within thirty 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.

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

(Ord. No. 018-2012, § 1, 2-23-12)

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 below, or pursue any other legal remedy to collect such debt. 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 attorneys' fees. Such collection costs are in addition to any fines, interest, and late charges.

B. In addition to any other legal remedy, the city may place a lien on property that is the subject of a citation if the citation has been issued to the property owner. The following procedure will apply:

1. The city's finance director may initiate proceedings to record a lien against the subject property.

2. Before recording the lien, the finance director shall submit a report to the city clerk stating the amounts due and owing. The report may include a fee, for the administrative costs associated with the preparation and recordation of the lien.

3. The city clerk shall fix a time, date, and place for a hearing before the city manager to consider the report and any protests or objections to it.

4. The city clerk must serve the property owner with a hearing notice not less than ten days before the hearing date. The notice must set forth the amount of the delinquent administrative fine, and any penalties and interest that is due. Notice must be delivered first class mail, postage prepaid, addressed to the property owner's address as it appears on the last equalized assessment roll or supplemental roll of Kern County, whichever is more current. Service by mail is effective on the date of mailing and failure of property owner to actually receive notice does not affect its validity.

5. At the conclusion of the hearing, the city manager may adopt a report confirming, discharging, or modifying the lien amount.

6. Following the adoption of the report imposing a lien, the city clerk shall cause the lien to be filed in the county recorder's office.

7. After confirmation and recordation, the city shall present a copy of the lien to the county tax collector to add the amount of the lien to the next regular property tax bills levied against the parcel for municipal purposes. This amount will be collected at the same time and in the same manner as ordinary property taxes are collected, and will be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes. Or, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.

8. Once the city receives full payment for outstanding principal, penalties, and costs related to a lien, the city clerk will cause to be recorded a notice of satisfaction or provide the property owner with a notice of satisfaction for recordation at the county recorder's office. This notice of satisfaction will cancel the city's lien.

(Ord. No. 018-2012, § 1, 2-23-12)

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, and any costs incurred to provide a hearing officer.

C. A person seeking an administrative hearing may request a hardship waiver of the fine deposit by filing with the city clerk 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 five 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 clerk shall set a hearing before a city hearing officer on a date that is not less than fifteen and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this section. Additional fines shall not accrue from the time the city clerk receives a timely and complete request for hearing until the hearing date. 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. No. 018-2012, § 1, 2-23-12)

A. A city hearing officer 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 Section 1.14.090(C).

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.

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 issuing 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 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 code 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 enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

(Ord. No. 018-2012, § 1, 2-23-12)

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within fourteen calendar days 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. No. 018-2012, § 1, 2-23-12)

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 Kern County Superior Court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.

(Ord. No. 018-2012, § 1, 2-23-12)

In the event the violation constitutes a significant and immediate threat to the public health, safety, or welfare so severe that immediate action is required, any officer may enter the property upon which the violation exists, abate the violation, and restore any property affected by it. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant before abatement. If necessary to protect the public health, safety, or welfare, abatement may proceed without prior notice to or consent from the owner or occupant thereof. An administrative hearing before the city council shall follow the abatement action at the next regular meeting of the city council that the matter can be placed on the agenda wherein the city council shall determine the reasonableness of the action taken by the officer. Subject to the city council's determination, all costs of the abatement shall be borne by the owner of the property and all provisions described in this chapter relating to assessment and collection of same shall apply.

(Ord. No. 045-2015, § 1(A), 9-10-15)