Mendota Municipal Code Ch. 2.54 Administrative Fines and Appeals Program

The City Council of the City of Mendota hereby finds and determines that enforcement of the Code pursuant to the City's police powers is a matter of public health, safety, and welfare and serves an important purpose for the City's residents. This Chapter makes any violation of the provisions of the Code subject to administrative citations, fines, and enforcement as authorized by Government Code section 53069.4.

The adoption of this Administrative Fines and Appeals Program shall serve the following goals:

A. Protect the health, safety, and welfare of the residents of the City.

B. Ensure compliance with the Code.

C. Establish uniform procedures for the imposition, enforcement, and collection of administrative citations and fines so as to place the residents of the City and the general public on adequate notice of their rights and obligations under the Code.

D. Establish uniform procedures for the appeal of administrative citations and fines where not otherwise provided for in the Mendota Municipal Code so as to place the residents of the City and the general public on adequate notice of their rights and obligations under the Code.

(Ord. No. 21-12, §§ 3, 4, 5-25-2021)

The remedy of administrative citations, fines, and enforcement established in this Chapter shall be in addition to any other administrative or judicial remedy provided by law.

(Ord. No. 21-12, §§ 3, 5, 5-25-2021)

The following definitions shall apply as used in this Chapter:

A. "Administrative Citation" means a written citation issued to a member of the public for the violation of any provision of the Mendota Municipal Code.

B. "Administrative Fine," "Fine," "Penalty," and/or "Administrative Penalty" mean a monetary sanction which is imposed upon a Responsible Person by means of a citation.

C. "Citation" and/or "Notice of Violation" mean an administrative citation that is issued to a Responsible Person for the violation of any provision of the Code.

D. "Citee" shall mean a Responsible Person to whom a Citation is issued.

E. "City" means the City of Mendota.

F. "Code" refers to (1) the Mendota Municipal Code and any and all provisions thereof, (2) any condition of any permit, license, or other entitlement issued pursuant to the Mendota Municipal Code, and/or (3) other State laws as authorized by statute.

G. "Officer," "Enforcement Officer," "Police Officer," and/or "Compliance Officer" mean an employee of the City with obligations to enforce the Code. This includes employees of the Police Department of the City, Code Enforcement Division of the City, and such additional employees of other City departments designated by the City Manager.

H. "Remediation Period" refers either to the default twenty-day period to correct a violation or such specific time for remediation as is granted by the Chief of Police pursuant to this Chapter.

I. "Responsible Person" means any person that, after a reasonable investigation, is determined to have allowed, caused, created, maintained, suffered, or permitted a violation of the Code or that, after becoming aware of a violation, failed to take remedial action within their power pursuant to a recognized duty to act.

J. "Violation" means an act, use, omission of any act, or condition that constitutes an offense of the Code, as well as a breach or violation of any condition of a permit, approval, entitlement, or license issued pursuant to the Code.

(Ord. No. 21-12, §§ 3, 5, 5-25-2021)

A. An Officer may issue a Notice of Violation in the form of a written citation for any violation of the Code.

B. Pursuant to Government Code section 53069.4, subdivision (a)(2), the Responsible Person cited for a continuing violation of the Code that pertains to building, plumbing, electrical, or other similar structural or zoning issues that do not constitute an immediate danger to health or safety is entitled to a reasonable time to correct or otherwise remedy the cited violation before the associated fine accrues.

C. If the time for correction referenced in subdivision (B) of this Section elapses without remediation of the cited continuing building, plumbing, electrical, or other similar structural or zoning violation, the fine stated on the Notice of Violation shall automatically accrue without further notice to the Citee.

D. The time for compliance and remediation referenced in subdivision (B) of this Section may be extended at the sole discretion of the Chief of Police, or his or her designee, following a written request for extension by the Citee filed with the City's Police Department. When considering whether to grant an extension, the Chief of Police shall consider whether reasonable efforts have been made to bring the cited condition or conduct into compliance with the Code, and shall also consider the totality of the circumstances, such as the economic feasibility and logistical considerations of correcting the cited Code violation.

E. Unless otherwise specified in the applicable Code provision, each and every day a violation of the Code is maintained constitutes a separate, citable offense and is citable at the sole discretion of the Officer.

(Ord. No. 21-12, §§ 3, 6, 5-25-2021)

Each citation or Notice of Violation issued pursuant to this Chapter shall contain the following information:

A. The date of service on the Citee.

B. The date, time, and address or description of the location where the Code violation was observed.

C. The Code section(s) violated and a description of the violation(s).

D. An order requiring the Responsible Person(s) to remedy the Code violation(s). In the case of a continuing violation of the Code that pertains to building, plumbing, electrical, or other similar structural or zoning issues that do not constitute an immediate danger to health or safety, an additional statement explaining the Responsible Person(s) must remedy the Code violations no later than a date specified on the Notice.

1. The length of this remediation period shall be stated in the Notice, along with the method the Responsible Person(s) may demonstrate compliance and the contact information for the Officer responsible for verifying such compliance.

2. Unless otherwise specified in the Code, the Responsible Person(s) shall have twenty (20) calendar days to remedy the violation or to request an extension of the remediation pursuant to subdivision (D) of Section 2.54.040 and Section 2.54.080 of this Chapter.

3. After the remediation period has expired, the fine shall automatically accrue without further notice to the Citee.

E. Information concerning the fine and accompanying consequences:

1. The amount of the fine that the Citee is to pay;

2. The date, twenty (20) calendar days from the date of the citation, by which the Citee must pay the fine or face additional enforcement action; and

3. The location where the Citee must pay the fine.

F. Notice that the Citee's payment of the fine does not excuse a continued or subsequent Code violation.

G. Notice of the Citee's right to appeal the Notice of Violation, the time within which an appeal must be requested, and how to request such an appeal.

H. Notice of the Citee's right to request an extension of time to remedy a continuing violation of the Code that pertains to building, plumbing, electrical, or other similar structural or zoning issues that do not constitute an immediate danger to health or safety.

I. The name and signature of the Officer issuing the Notice of Violation or citation.

(Ord. No. 21-12, §§ 3, 7, 5-25-2021)

A. Personal Service. When any Notice of Violation or citation is issued:

1. The Officer shall conduct a reasonable investigation and attempt to locate the Responsible Person(s) and obtain the Citee's signature on the Notice of Violation or citation, which shall be retained as specified in the City's document retention policy.

2. A Citee's refusal or failure to accept or sign the Notice of Violation shall not affect the validity of the Notice of Violation or citation.

B. Service by Posting. If the Officer is unable to identify or locate the Responsible Person(s) after a reasonable investigation into a Code violation:

1. The Officer shall post the Notice of Violation or citation in a conspicuous place on the property where the violation(s) exist or occurred, and such posting will constitute effective service.

2. Any such posting shall be photographed on the date and at the time of posting, with the photograph retained by the Officer. A proof of service shall be made by declaration of the Officer effecting service by posting.

3. In addition to posting the Notice of Violation or citation, the Officer effecting service shall mail a duplicate of the Notice of Violation or citation to the Responsible Person(s), as identified by the Officer, at their residence or place of business by placing the same in the Unites Stated mail, certified for return receipt and enclosing a prepaid First Class envelope for payment of the fine imposed by the Notice of Violation or citation.

a. Proof of service of the Notice of Violation in this manner shall be made by declaration of the Officer effecting service.

b. Failure to receive a Notice of Violation or citation served pursuant to subdivision (B) of this Section shall not invalidate the Notice of Violation or citation, or any proceeding related to the Code violation(s).

(Ord. No. 21-12, §§ 3, 8, 5-25-2021)

Unless otherwise specified in the Code, fines for any Code violation shall accrue as follows:

A. In the case of a continuing violation of the Code that pertains to building, plumbing, electrical, or other similar structural or zoning issues:

1. If the Officer determines the Code violation is an immediate danger to public health or safety, an administrative fine shall accrue immediately upon the issuance of a Notice of Violation or citation in the amounts contemplated in subdivision (B) of Section 1.20.030 of the Mendota Municipal Code.

2. If the Officer determines the Code violation is not an immediate danger to public health or safety, an administrative fine shall accrue in the amounts contemplated in subdivision (B) of Section 1.20.030 of the Mendota Municipal Code upon the expiration of the remedial period provided for the Responsible Person(s) to bring the Code violation into compliance as contemplated in subdivision (D)(2) of Section 2.54.050 of this Chapter, including any extensions granted by the City Manager as contemplated in subdivision (D) of Section 2.54.040 of this Chapter.

B. In the case of all other violations of the Code not contemplated in subdivision (A) of this Section, an administrative fine shall immediately accrue in the amounts contemplated in Section 1.20.030 of the Mendota Municipal Code, as applicable.

C. Escalated administrative fines issued for a second, third, and further violations of the same Code section(s) in within the same year are subject to reduction pursuant to the procedures set forth in Section 2.54.090 of this Chapter.

(Ord. No. 21-12, §§ 3, 9, 5-25-2021)

A. The Chief of Police, or his or her designee, shall have the authority to specify a longer remediation period than that which is provided in subdivision (D) of Section 2.54.050 of this Chapter following the issuance of a Notice of Violation or citation.

B. The Chief of Police, or his or her designee, shall consider any evidence presented by the Responsible Person(s) and the totality of the circumstances when making the determination of whether to grant a request for an extension, and shall issue a decision in writing to the applicant explaining the evidence considered and the grounds upon which the decision was made.

C. Responsible Person(s) may request an extension of the remediation period as follows:

1. A request for an extension must be made in writing to the City's Police Department. The Officer who receives the request shall then refer the request to the Chief of Police for a determination pursuant to this Section and subdivision (D) of Section 2.54.040 of this Chapter.

2. The time for remediation shall be tolled during the pendency of the Chief of Police's, or his or her designee's, consideration of an extension request, beginning at the time that the request is received by the City's Police Department.

3. The request for extension shall enclose a duplicate of the Notice of Violation and specify all of the circumstances which warrant granting said extension.

4. A Responsible Person's failure to adhere to the requirements of this subdivision shall render subdivision (C)(2) of this Section ineffective.

(Ord. No. 21-12, §§ 3, 10, 5-25-2021)

Pursuant to Government Code section 36900, subdivision (d), and as referenced in subdivision (C) of Section 2.54.070 of this Chapter, escalated fines for second, third, and additional Code violations within the same year imposed on a Responsible Person pursuant to this Chapter are subject to hardship waiver or reduction as follows:

A. The City Manager, or his or her designee, shall have the authority to waive or reduce fines imposed pursuant to this Section and subdivision (C) of Section 2.54.070 of this Chapter.

B. Such waivers or reductions shall be issued on a showing of the Responsible Person's good faith effort to remedy the Code violation(s) after the issuance of the first Notice of Violation and that requiring of payment of the entire amount of the subsequent fine(s) would impose an undue financial hardship on them.

C. In making a hardship reduction or waiver determination, the City Manager, or his or her designee, shall consider any evidence presented by the Responsible Person(s) and the totality of the circumstances, and shall issue a decision in writing to the Responsible Person(s) explaining the evidence considered and the grounds upon which the City Manager's decision was made.

D. Responsible Person(s) may request hardship waivers or reductions as follows:

1. A request for hardship reduction or waiver must be made in writing to the City Clerk to be forwarded to the City Manager for consideration. Upon receipt of a request under this Section, the City Clerk shall refer the request to the City Manager for a determination pursuant to this Section.

2. The time for payment shall be tolled during the pendency of the City Manager's, or his or her designee's, consideration of a hardship waiver or reduction request, beginning at the time that the request is received by the City Clerk.

3. The request shall enclose a duplicate of the notice of violation and specify all of the circumstances which warrant granting the requested waivers or reductions.

4. A Responsible Person's failure to adhere to the requirements of this subdivision shall render subdivision (D)(2) of this Section ineffective.

(Ord. No. 21-12, §§ 3, 11, 5-25-2021)

A. Grounds for Review. A Citee may contest a Notice of Violation or citation on the following grounds:

1. There was no violation of the Code; or

2. The Citee is not the appropriate Responsible Person for the Code violation(s) cited; or

3. The Code violation(s) was corrected within the applicable remediation period.

B. Form and Contents of Request for Review. A Citee may contest a Notice of Violation or citation by:

1. Completing a written Municipal Code Violation Appeal Request Form and filing it with the City Clerk within twenty (20) calendar days of the issuance of the administrative citation; and

2. The Municipal Code Violation Appeal Request Form must clearly state the following information:

a. The grounds upon which the Notice of Violation or citation is being contested; and

b. Whether a hearing is being requested; and

c. The Citee's name, contact information, and address to which City notices shall be sent in connection with the request.

3. Depositing the amount of the administrative fine levied in the Notice of Violation or citation with the City Clerk, or providing the City Clerk a separate, written request for waiver of the deposit with the information contained in Section 2.54.110 of this Chapter.

(Ord. No. 21-12, §§ 3, 12, 5-25-2021)

A. A request for waiver of the deposit requirement contained in subdivision (B)(3) of Section 2.54.100 of this Chapter shall be considered by the City Manager, or his or her designee(s), who shall have the authority to grant or deny the request.

B. A request for waiver of the deposit requirement contained in subdivision (B)(3) of Section 2.54.100 of this Chapter must be in writing and shall contain the following information, or it shall be denied:

1. A statement, attaching copies of any supporting documentation, demonstrating the financial inability of the requestor to remit the full amount of the deposit required; and

2. The requestor's name, contact information, and address to which City notices shall be sent in connection with the request.

C. The period for making the deposit required by subdivision (B)(3) of Section 2.54.100 of this Chapter shall be stayed until the City Manager, or his or her designee(s), makes a determination regarding the request and issues a written decision to the requestor.

D. In evaluating a request made under this Section, the City Manager, or his or her designee(s), shall consider any evidence presented by the requestor and the totality of the circumstances when making a determination regarding the request, and shall issue a written decision to the requestor outlining the evidence considered and the grounds upon which the decision was made.

E. The City Manager's, or his or her designee's, written decision shall be served on the requestor via First Class mail to the address supplied by the requestor in the request for waiver.

F. If the City Manager, or his or her designee(s), deny the request for waiver, the Citee shall remit the full amount of the deposit required by subdivision (B)(3) of Section 2.54.100 of this Chapter to the City Clerk within ten (10) calendar days.

(Ord. No. 21-12, §§ 3, 13, 5-25-2021)

No review and appeal hearing shall be held unless one is requested by the Citee pursuant to and in full compliance with Section 2.54.100 of this Chapter. Upon receipt of a request for review and appeal hearing in full compliance with Section 2.54.100 of this Chapter, the following shall occur:

A. The Review and Appeal Hearing shall be set for a date and time within forty-five (45) calendar days of the request.

B. The City Manager shall designate a hearing officer for the requested review and appeal hearing, or may opt to serve as the hearing officer and conduct the review and appeal hearing.

C. Upon the City Manager's designation of the hearing officer, the City shall send a Notice of Appeal Hearing to the requestor via First Class mail to the address the requestor provided on the Municipal Code Violation Appeal Request Form. This Notice of Appeal Hearing shall not be issued to the Requestor less than ten (10) calendar days before the date of the review and appeal hearing.

D. At the review and appeal hearing, the hearing officer shall hear evidence relevant to the grounds upon which the appeal was made. Hearsay and written reports may be considered at the hearing notwithstanding the availability of the declarant. The California Rules of Evidence may be used as guidance in connection with the hearing, but need not be strictly adhered to for evidence to be considered.

E. Whenever reasonably possible, written evidence, the name(s) of testifying witness(es), and a brief summary of the content of the testimony to be presented against the requestor shall be served on the requestor via First Class mail not less than five business days prior to the appeal hearing. Failure to provide such evidence to the requestor in advance of the hearing shall not operate to prevent the City's use or introduction of such evidence during the appeal hearing.

F. At the review and appeal hearing, the requestor may testify, provide written evidence, and present witnesses in support of the requestor's appeal. The City may elect to present its own evidence and witnesses to refute the evidence submitted by the requestor. The City Manager may designate a representative to present such evidence on the City's behalf. Both the requestor and the City have the right to be represented by legal counsel at the appeal hearing.

G. At the review and appeal hearing, the hearing officer shall, in his or her discretion, limit the time of the appeal hearing to that which he or she deems necessary to hear all relevant evidence, taking into account all relevant circumstances, including duplicative evidence or testimony, and the amount and gravity of the potential penalty given the financial ability of the requestor. The requestor shall not, in any case, be given less time to present his or her case than is afforded the City.

H. In his or her discretion, the hearing officer may continue the hearing or request additional information from either the requestor or the City's representative(s) prior to making a decision granting or denying the appeal.

I. The requestor's failure to attend the appeal hearing shall result in the denial of the appeal and work a forfeiture of the applicable deposit required by subdivision (B)(3) of Section 2.54.100 of this Chapter, or, where there has been a waiver of the deposit requirement pursuant to Section 2.54.110 of this Chapter, a denial of the appeal with the amount of the administrative fine due ten (10) calendar days from the date of the appeal hearing.

J. Not more than thirty (30) calendar days from the date of the appeal hearing, the hearing officer shall issue a written decision to the requestor explaining the evidence considered and the grounds upon which the hearing officer's decision was made. The decision shall be served on the Requestor via First Class mail to the address supplied on the Municipal Code Violation Appeal Request Form.

K. If the appeal is denied, and the deposit required by subdivision (B)(3) of Section 2.54.100 of this Chapter was made, the deposit shall be retained by the City in satisfaction of the administrative fine and the matter shall be closed. If a waiver of the deposit was granted pursuant to Section 2.54.110 of this Chapter, the administrative fine shall be due ten (10) calendar days from the date the hearing officer's decision denying the appeal was mailed to the requestor.

L. The hearing officer's decision is final, and is not subject to appeal to the City Council. The Citee may appeal the hearing officer's decision by filing an appeal with the Superior Court of the County of Fresno within twenty (20) days of service of the hearing officer's written decision. (Code of Civil Procedure, § 1094.6; Government Code, § 53069.4.)

(Ord. No. 21-12, §§ 3, 14, 5-25-2021)

Upon service of the Notice of Violation, the Responsible Person(s) shall do the following:

A. Remedy the Code violation(s) by or before the remediation period has expired, if applicable.

1. In the case of a continuing violation of the Code that pertains to building, plumbing, electrical, or other similar structural or zoning issues that do not constitute an immediate danger to health or safety, correction of the violation prior to the expiration of the remediation period and verification of such correction by the Officer specified on the Notice of Violation shall discharge the Responsible Person(s) of the duty to pay the fine specified on the Notice of Violation. However, such remediation shall not discharge the duty to pay previous fines which have accrued for a continuing or repeated violation.

2. For the purpose of this subdivision, the time of remediation shall mean the time at which the Chief of Police, or his or her designee(s), received notice of the remediation, not the time at which compliance is actually verified by the Officer.

3. The time for remediation shall be tolled upon notification to the Chief of Police, or his or her designee(s), that remediation occurred, but shall resume if the Chief of Police, or his or her designee(s), determines that the remediation was not satisfactorily completed.

a. An appeal of the decision of the Chief of Police, or his or her designee(s), regarding remediation or a request for an extension of the remediation period pursuant to Section 2.54.080 of this Chapter may be made to the City Clerk for the City Manager's, or his or her designee's, consideration in the same manner and subject to the same limitations as set forth in Sections 2.54.100 through 2.54.120 of this Chapter.

B. Pay the fine no later than twenty (20) days after the fine accrues as specified in the Notice of Violation or citation; after the expiration of the remediation period; or as specified in the grant of a request for an extension. Fines shall be payable to the City of Mendota, and delivered to the City Clerk, as specified in the Notice of Violation or citation. Payment shall not excuse the Citee's duty to correct the violation, nor shall it bar further enforcement actions by the City.

C. Fines not paid by the required date shall constitute a debt owed to the City, shall be subject to late fees in the amount of a legal judgment on the original fine amount, and may be collected in any manner allowed by law.

(Ord. No. 21-12, §§ 3, 15, 5-25-2021)

Upon the failure of the Responsible Person(s) to pay administrative fines as required by this Chapter, or elsewhere in the Code, the City Manager, or his or her designee(s), is authorized to institute collection proceedings in any manner allowed by law, including, but not limited to, the following:

A. Administrative fines shall be a debt owed to the City and are subject to all remedies for debt collection allowed by law.

B. The City may place a lien or special assessment on property that is the subject of unpaid administrative fines, if that property is then owned by the Responsible Person(s). Other person(s) with legal or equitable interests in the property may appeal the decision to impose a special assessment or lien using the procedures prescribed for such appeals in this Code. The failure to appeal the decision within the time allowed shall constitute a waiver.

C. A fine becomes final when it accrues upon the expiration of the remedial period and the time for appeal has passed, or when a final decision on an appeal has been reached. If an unpaid administrative fine is final, the City may take any of the following actions to recover the delinquent amounts owed:

1. Place a lien or special assessment on property in the amount of the monies owed to the City as a result of the violation(s). The City may take any of the following actions to ensure recovery of the amount of such liens or special assessments:

a. Requesting the County Recorder to record a notice of any lien against the subject property.

b. Requesting the County Tax Collector to collect any special assessment on behalf of the City in the same manner and at the same time as the collection of property taxes.

2. Refuse to issue, extend, or renew any City permit, license, entitlement, or other City approval in accordance with the procedures set forth in any relevant sections of the Code.

3. Suspend or revoke any City permit, license, entitlement, or other City approval in accordance with the procedures set forth in any relevant sections of the Code.

4. Refer the debt to a collection agency.

5. Institute civil or criminal proceedings against the Responsible Person(s) as authorized by any applicable law.

(Ord. No. 21-12, §§ 3, 16, 5-25-2021)