Milpitas Municipal Code Ch. 21 Administrative Citations

A. This Chapter provides for administrative citations which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of the Municipal Code or other laws.

B. Use of this Chapter shall be at the sole discretion of the City and Enforcement Officers.

(Ord. No. 290, § 2, 5/17/16)

A. "Administrative Hearing Board" shall be a three person Board that consists of up to two Council Members and other members at large.

B. "Enforcement Officer" shall mean that person or persons specifically designated by the Municipal Code or the City Manager to enforce any provisions of the Municipal Code or other laws.

C. "Responsible Person" shall mean any person who is the owner or occupant of real property, owner or authorized agent of any business, company, or entity, or the parent or the legal guardian of any person under the age of 18 years, who causes or maintains a violation of the Municipal Code or other laws.

(Ord. No. 290, § 2, 5/17/16)

A. Whenever an Enforcement Officer charged with the enforcement of any provision of the Municipal Code determines that a violation of a provision has occurred, the Enforcement Officer shall have the authority to issue an administrative citation to any person responsible for the violation.

B. Authority to Issue an Administrative Citation

(1) Continuing Violation that does not create an immediate danger to public health and safety. Where the violation is a Continuing Violation that does not create an immediate danger to public health and safety, the citation shall set forth a reasonable period of time, which shall not be less than 15 days, for the person responsible for the continuing violation to correct or otherwise remedy the violation prior to the imposition of the administrative fine.

(2) Continuing violation that creates an immediate danger to public health and safety. Where a violation is a Continuing Violation that constitutes an immediate danger to public health and safety, the property owner shall be provided notice to correct the violation within a maximum of two hours from when the verbal or written notice was received. Depending upon the severity of the violation, if the violation is not corrected within the two-hour time period, the City shall have the option to initiate summary abatement procedures under Section V-500-3.08 or impose the administrative fine and administrative citation provisions under Section V-500-8.00.

(3) Individual Violation that does not create an immediate danger to public health and safety. Where a violation is an Individual Violation that does not create an immediate danger to public health and safety, a written notice to correct the violation shall be issued for the first offense. For second and subsequent violations of the same code provision, the person responsible for the violation shall not have an opportunity to correct or otherwise remedy the violation prior to the administrative fine being imposed. Each person, firm or corporation shall be guilty of a separate offense for each day and everyday during any portion of which any violation of any provision is committed.

(4) Individual Violation that creates an immediate danger to the public health and safety. Where a violation is an Individual Violation that constitutes an immediate danger to the public health and safety, the property owner shall be provided notice to correct the violation within a maximum of two hours from when the verbal or written notice was received. Depending upon the severity of the violation, if the violation is not corrected within the two-hour time period, the City shall have the option to initiate summary abatement procedures under Section V-500-3.08 or impose the administrative fine and administrative citation provisions under Section V-500-8.00. Each person, firm or corporation shall be guilty of a separate offense for each day and everyday during any portion of which any violation of any provision is committed.

C. Each administrative citation shall contain the following information:

(1) The date of the violation;

(2) The address or a definite description of the location where the violation occurred;

(3) The section of the Municipal Code or other law violated and a description of the violation;

(4) The amount of the fine for the Municipal Code or other law violation;

(5) 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;

(6) An order prohibiting the continuation or repeated occurrence of the violation described in the administrative citation;

(7) 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 a hearing form to contest the administrative citation may be obtained; and

(8) The name and signature of the citing Enforcement Officer.

D. Each provision of this Municipal Code or other law that is violated constitutes a separate violation. Each day such a violation continues shall be regarded as a new and separate violation.

(Ord. No. 290, § 2, 5/17/16)

A. Pursuant to the authority granted in Section 53069.4 of the California Government Code, the amount of administrative fines for code or other violations imposed pursuant to this Chapter shall be assessed in the amounts specified by Resolution of the City Council, or where no amount is specified in the Resolution:

(1) A fine not exceeding $100.00 for a first violation;

(2) A fine not exceeding $200.00 for a second violation of the same code provision within one year from the date of the first violation.

(3) A fine not exceeding $500.00 for a third or more violation(s) of the same code provision within one year from the date of the first violation.

B. Payment of the Fine

(1) The fine shall be paid to the City within 30 days from the date of the administrative citation. A late payment charge of $25.00 and interest at the legal rate of ten percent shall be imposed on a monthly basis for any administrative citation amount remaining unpaid to the City.

(2) Any administrative citation fine paid pursuant to this Chapter shall be refunded, if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

(3) Payment of a fine under this Chapter shall not excuse or discharge any continuation or repeated occurrence of the Municipal Code or other law violation that is the subject of the administrative citation.

(Ord. No. 290, § 2, 5/17/16)

A. Any recipient of an administrative citation may contest that there was a violation of the Municipal Code or other law or that he or she is the responsible party by completing a request for hearing form and returning it to the City within 15 calendar days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to Section I-21-1.06.

B. A request for a hearing form may be obtained from the department specified on the administrative citation.

C. Any appeal not timely filed shall be rejected. Failure of any person to file an appeal in accordance with the provisions of this Section I-21-1.05 shall constitute waiver of that person's rights to administrative determination of the merits of the citation and the amount of the fine.

(Ord. No. 290, § 2, 5/17/16)

A. Any person who intends to request a hearing to contest that there was a violation of the Municipal Code or other law or that he or she is the Responsible Person and who is financially unable to make the advance deposit of the fine as required in this Chapter may file a request for an advance deposit hardship waiver at the time of filing the hearing request.

B. The requirement of depositing the full amount of the fine as described in Section I-21-1.05(A) shall be stayed until the Director of Finance makes a determination on the advance deposit hardship waiver request.

C. The Director of Finance may waive the requirement of an advance deposit only if the requesting party submits to the Director of Finance a sworn declaration, together with any supporting documents or materials, demonstrating to the satisfaction of the Director of Finance the person's actual financial inability to deposit with the City the full amount of the fine in advance of the hearing.

D. The Director of Finance shall issue and mail a written decision upon the person who applied for the advance deposit hardship waiver. The written decision shall list the reasons for his or her decision. The written decision of the Director of Finance shall be final.

E. If the Director of Finance determines not to grant the advance deposit hardship waiver, the person shall remit the deposit to the City within ten calendar days of the date of the written decision.

(Ord. No. 290, § 2, 5/17/16)

At any time before the hearing, if the Enforcement Officer determines that there was no violation as charged in the administrative citation or that the citation should be dismissed in the interest of justice, the Enforcement Officer may dismiss the administrative citation, cancel the requested hearing, and refund any advance deposit paid pursuant this Chapter.

(Ord. No. 290, § 2, 5/17/16)

The City Manager shall designate the Administrative Hearing Board for the administrative citation hearing. The employment, performance, evaluation, compensation and benefits of the Administrative Hearing Board, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the Administrative Hearing Board.

(Ord. No. 290, § 2, 5/17/16)

A. No hearing to contest an administrative citation or other administrative decision governed by this Chapter before an Administrative Hearing Board shall be held unless and until a timely written request for a hearing has been submitted in accordance with Section I-21-1.05, and the fine has been either deposited in advance or waived in accordance with Section I-21-1.06.

B. A hearing before the Administrative Hearing Board shall be set for a date that is not less that 15 days and not more than 60 days from the date that the request for hearing is filed in accordance with the provisions of this Chapter. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.

C. The Administrative Hearing Board shall only consider evidence that is relevant to whether the violation(s) occurred or administrative citation should be upheld, or whether the Responsible Person has caused or maintained the violation of the Municipal Code or other law on the date(s) specified in the administrative citation.

D. The Responsible Person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

E. The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

F. The administrative citation and any additional documents submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.

G. If the Enforcement Officer submits any additional documents concerning the administrative citation to the Administrative Hearing Board for consideration at the hearing, then a copy of the additional documents shall also be mailed to the person requesting the hearing prior to the date of the hearing.

H. No other discovery is permitted. Formal rules of evidence shall not apply.

I. The Administrative Hearing Board may continue the hearing and request additional information from the Enforcement Officer or the recipient of the administrative citation prior to issuing a written decision.

(Ord. No. 290, § 2, 5/17/16)

A. After considering all of the testimony and evidence submitted at the hearing, the Administrative Hearing Board shall issue a written decision to uphold or dismiss the administrative citation and shall list in the decision the reasons for that decision. The decision of the Administrative Hearing Board shall be final.

B. If the Administrative Hearing Board determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City.

C. If the Administrative Hearing Board determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the Administrative Hearing Board shall set forth in the decision a payment schedule for the fine.

D. If the Administrative Hearing Board determines that the administrative citation should be dismissed and the fine was deposited with the City, then the City shall refund the amount of the deposited fine in accordance with standard operating procedures established by the City.

E. The recipient of the administrative citation shall be mailed a copy of the Administrative Hearing Board's written decision.

(Ord. No. 290, § 2, 5/17/16)

A. The failure of any person to pay a fine assessed by the administrative citation within the time specified on the administrative citation constitutes a debt to the City. To enforce the debt, the City may file a civil action, impose a special assessment as set forth below, or pursue any other legal remedy to collect such debt, including reasonable costs of collection and attorneys' fees.

B. The City may impose a special assessment against the property that is subject of an administrative citation if the citation has been issued to the property owner. If the administrative citation concerns property now owned by the Responsible Person, the City may impose a special assessment against the property owned by the Responsible Person. The City Manager shall record a notice of lien in the Santa Clara County Recorder's Office for the amount of the lien assessment.

C. After recordation, a copy of the lien assessment shall be turned over to the Santa Clara 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 property tax bills levied against the lots and parcels of land for municipal purposes. Those amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes. In the alternative, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.

(Ord. No. 290, § 2, 5/17/16)

Any person aggrieved by an administrative decision of the Administrative Hearing Board on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Santa Clara County Superior Court in accordance with the timelines and provisions set forth California Government Code Section 53069.4.

(Ord. No. 290, § 2, 5/17/16)

A. The administrative citation and all notices to be given by this Chapter shall be provided to the Responsible Person in accordance with the provisions of this Section I-21-1.13. Unless different provisions herein are otherwise specifically made, such administrative citation or notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified, at his last known business or residence address as the same appears in the public records of the City or other records pertaining to the matter to which such notice is directed. Notice by mail shall be deemed to have been completed at the time of deposit with the U.S. Postal Service.

B. Failure to receive any notice specified in this part does not affect the validity of proceedings conducted hereunder.

(Ord. No. 290, § 2, 5/17/16)

Any administrative citation issued pursuant to this Chapter shall not prejudice or adversely affect any other action, civil or criminal, that may be brought to abate the public nuisance or violation or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other process regarding the same public nuisance or violation.

(Ord. No. 290, § 2, 5/17/16)