Monterey Municipal Code Div. 1 Administrative Citations

a.Sections 1-2.00 through 1-2.13 herein provide 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 violations of this code.

b.These sections shall not supersede any other sections of this code which address additional legal or administrative remedies available for City code violations; use of the administrative citation process shall be at the sole discretion of the City. (Ord. 3252 § 1, 1999)

c.The administrative citations process set forth in this Article may be utilized to enforce continuing violations of this code that pertain to building, plumbing, electrical, or other similar structural or zoning issues; provided, however that the person responsible for any such continuing violation shall be allowed a period of at least 10 days to correct or otherwise remedy the violation prior to the City’s issuance of an administrative citation. Nothing in this section, however, shall require City to provide any such correction period concerning violations creating an immediate danger to health or safety, or to any building, plumbing, electrical, or other similar structural or zoning code violations which are transient and non-continuing in nature. (Ord. 3299 § 2, 2001)

d.The administrative citations process set forth in this Article may be utilized to enforce continuing violations of this code that pertain to storm water; provided, however that the person responsible for any such continuing violation shall be allowed a period of at least 10 days to correct or otherwise remedy the violation prior to the City’s issuance of an administrative citation. Nothing in this section, however, shall require City to provide any such correction period concerning violations creating an immediate danger to the environment, or public health or safety, or to waters of the United States, or City Code violations which are transient and non-continuing in nature. (Ord. 3705 § 4, 2025; Ord. 3388 § 5, 2007. Formerly 1-9)

For purposes of this Article, the following definitions shall apply:

a.“Director” shall mean the City Manager, or his designee.

b.“Enforcement officer” shall mean the City Attorney, Code Compliance Coordinator, any Police Officer, and any City employee or agent of the City delegated authority by the City Manager to enforce any provision of this Code. (Ord. 3705 § 4, 2025; Ord. 3653 § 3, 2022. Formerly 1-9.1)

a.Whenever an enforcement officer charged with the enforcement of this code determines that a violation of that provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.

b.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 this code violated and a description of the violation;

4.The amount of the fine for the code 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 code 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 hearing form to contest the administrative citation may be obtained; and

8.The name and signature of the citing enforcement officer.

c.Pursuant to California Government Code Section 53069.4, a property owner shall have a period of at least ten days to correct or otherwise remedy a violation of Section 7-7.05(b), Cannabis business permit required, that exists as a result of, or to facilitate, the illegal cultivation of cannabis, prior to the issuance of an administrative citation if all the following are true:

1.The tenant is in possession of the property that is the subject of the administrative action;

2.The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis; and

3.The rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation. (Ord. 3705 § 4, 2025; Ord. 3674 § 16, 2023. Formerly 1-9.2)

a.The amounts of the fines for code violations imposed pursuant to this Article shall be set forth in the schedule of fines established by resolution of the City Council.

b.The schedule of fines shall specify any increased fines for repeat violations of the same code provision within thirty-six months from the date of an administrative citation.

c.The schedule of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date.

d.In accordance with Section 1.4 of the City Charter, the provisions of California Government Code Section 36901, which limit the maximum fine allowed for violation of local regulations to one thousand dollars, shall not apply to administrative fines imposed for violations of the City Code. (Ord. 3705 § 4, 2025; Ord. 3686 § 3, 2024. Formerly 1-9.3)

a.The fine shall be paid to the City within thirty days from the date of the administrative citation.

b.Payment of a fine shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation. (Ord. 3705 § 4, 2025. Formerly 1-9.4)

a.Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the City within thirty days from the date of the administrative citation, together with an advance deposit of the total fine amount or an Advance Deposit Hardship Waiver Application form as described in Section 1-2.06 below.

Ord. 3299 §3; 10/2/01

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

c.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.

d.If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five days prior to the date of the hearing. (Ord. 3705 § 4, 2025. Formerly 1-9.5)

a.Any person who intends to request a hearing to contest an administrative citation, and who is financially unable to make the advance deposit of the fine as required in Section 1-2.05(a), may file a request for an Advance Deposit Hardship Waiver which shall include a sworn affidavit as described in subsection (c) of this section.

b.The request shall be filed, along with the request for hearing form, with the Finance Department on an Advance Deposit Hardship Waiver Application form, available from the Finance Department, within thirty (30) days of the date of the administrative citation.

c.

1.The City may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the City an advance deposit hardship waiver application form, together with any supporting documents or materials, demonstrating the person’s actual financial inability to deposit with the City the full amount of the fine in advance of the hearing.

2.An application for the advance deposit hardship waiver shall be granted under any of the following criteria:

a.The applicant is receiving public benefits under one or more of the following programs:

(1)Supplemental Security Income (SSI) and State Supplementary Payment (SSP).

(2)California Work Opportunity and Responsibility to Kids Act (CalWORKs) or a federal Tribal Temporary Assistance for Needy Families (Tribal TANF) grant program.

(3)Supplemental Nutrition Assistance Program or the California Food Assistance Program.

(4)County Relief, General Relief (GR), or General Assistance (GA).

(5)Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI).

(6)In-Home Supportive Services (IHSS).

(7)Medi-Cal.

(8)California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program).

(9)Unemployment compensation.

b.The applicant’s monthly income is two hundred (200) percent or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services.

c.An applicant does not have enough income to pay for household basic needs and the advance deposit. This is verified through additional documentation regarding the person’s income, household income, money and property, and monthly deductions and expenses.

d.The requirement of depositing the full amount of the fine as described in Section 1-2.05(a) shall be stayed unless or until the City makes a determination not to issue the advance deposit hardship waiver.

e.If the City makes a determination to deny the advance deposit hardship waiver application, a written determination listing the reasons for said denial shall be issued. The written determination to deny the waiver shall be final.

f.An applicant that owns or has an interest in real property in Monterey County is ineligible for a waiver under this subsection.

g.The written determination of the City’s denial of the advance deposit hardship waiver shall be served by mail upon the person who applied for the waiver. (Ord. 3705 § 4, 2025; Ord. 3662 §§ 4, 5, 6, 2023; Ord. 3612 § 2, 2020; Ord. 3299 § 4, 2001. Formerly 1-9.55)

The City Manager shall designate a hearing officer for the administrative citation hearings. (Ord. 3705 § 4, 2025. Formerly 1-9.6)

a.No hearing to contest an administrative citation before a hearing officer shall be held unless the fine has been deposited in advance in accordance with Section 1-2.05(a) or an advance deposit hardship waiver has been filed and accepted by the City pursuant to Section 1-2.06. (Ord. 3299 § 5, 2001)

b.A hearing before the hearing officer shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this Article.

c.At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.

d.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.

e.The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

f.The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the citation prior to issuing a written decision. (Ord. 3705 § 4, 2025. Formerly 1-9.7)

a.After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall list the reasons for that decision. The decision of the hearing officer shall be final.

b.If the hearing officer determines that the administrative citation should be upheld, then the city shall retain the fine amount on deposit with the City. If the hearing officer determines that the administrative citation should be upheld and the fine was not deposited pursuant to a waiver under Section 1-2.06, the hearing officer shall set forth in the decision an order for payment of the fine and a payment schedule for the fine. (Ord. 3299 § 2, 2001)

c.If the hearing officer determines that the administrative citation should be canceled, the City shall promptly refund the amount of the deposited fine.

d.The recipient of the administrative citation shall be served with a copy of the hearing officer’s written decision.

e.The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer. (Ord. 3705 § 4, 2025. Formerly 1-9.8)

Any person who fails to pay to the City any fine imposed pursuant to the provisions of this Article on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines. (Ord. 3705 § 4, 2025. Formerly 1-9.9)

The City may collect any past due administrative citation fine, late payment charge and costs of collection by use of all available legal means. (Ord. 3705 § 4, 2025. Formerly 1-9.10)

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 municipal court in Monterey County in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. (Ord. 3705 § 4, 2025. Formerly 1-9.11)

a.The administrative citation and all notices required to be given to this Article shall be served on the responsible party in accordance with the provisions of Section 1-2.17 of this title.

b.Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder. (Ord. 3705 § 4, 2025. Formerly 1-9.12)