Morgan Hill Municipal Code Ch. 1.19 Administrative Citations and Fines

Footnotes:

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Editor's note— Ord. No. 2276 N.S., § 1, adopted May 2, 2018, repealed the former Ch. 1.19, §§ 1.19.010—1.19.130, and enacted a new chapter as set out herein. The former Ch. 1.19 pertained to similar subject matter and derived from Ord. 1850 N.S. § 2(part), adopted in 2007; Ord. No. 1950 N.S., § 1, adopted Oct. 7, 2009; Ord. No. 2235 N.S., § 1, adopted May 17, 2017.

A. This chapter provides for an administrative citation process that may be used by the city to address any violation of the municipal code, or any regulations adopted under the authority of the municipal code, including state laws delegated by statute to any city department for enforcement. References to "municipal code" include adopted regulations.

B. This chapter establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of fines pursuant to California Government Code Section 53069.4, as amended from time to time, or successor legislative enactment.

C. The provisions of this chapter are cumulative and in addition to any other remedies available under federal, state, or local law.

D. Use of this chapter shall be at the sole discretion of the city.

(Ord. No. 2276 N.S., § 1, 5-2-2018)

For purposes of this chapter, "enforcement officer" shall mean any city employee or agent of the city with the authority to enforce any provision of this code.

(Ord. No. 2276 N.S., § 1, 5-2-2018)

A. Whenever an enforcement officer charged with the enforcement of any provision 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. An administrative citation for building, plumbing, electrical, or other similar structural or zoning codes, as specified in Section 1.19.040, may be issued following the correction period specified in the notice of violation unless the violation(s) create an immediate danger to health or safety.

B. Each administrative citation shall contain the following information:

1. The date of the violation or, if the date of the violation is unknown, then the date the violation is identified;

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(s) 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. Each section of the Morgan Hill Municipal Code violated constitutes a separate violation. Each day such violation is committed, continued, or permitted to continue, shall be regarded as a new and separate offense.

(Ord. No. 2276 N.S., § 1, 5-2-2018)

A. When an enforcement officer determines that a responsible person has committed a violation of a building, plumbing, electrical, or other similar structural or zoning code, the enforcement officer may issue a notice of violation to the responsible person. Such notice shall serve as a written warning of responsibility and require action by the responsible person to abate the violation(s). A notice of violation shall specify a reasonable time for the responsible person to correct or otherwise remedy the violation. Such reasonable time shall be at least five days from the issuance of the notice of violation unless an enforcement officer determines that the violation creates an immediate danger to health or safety.

B. On such form as may be provided by the city, any responsible person cited for violation(s) of a building, plumbing, electrical, or other similar structural or zoning code that does not cause immediate danger to health or safety may petition the enforcement officer for an extension of time to correct the violation(s) so long as the petition is received before the end of the correction period, as stated in the notice of violation. The enforcement officer may, in his or her sole discretion, grant an extension of time to correct the violation(s) if the enforcement officer determines that the responsible person has supplied sufficient evidence showing that the correction(s) cannot reasonably be made within the stated period. The enforcement officer's decision shall be final and, notwithstanding any other provision of this code, not subject to appeal except in an appeal challenging the issuance of an administrative citation.

C. No administrative citation may be issued for a continuing violation of building, plumbing, electrical, or other similar structural or zoning issues unless a notice of violation has first been issued to a responsible person in accordance with this section. Such notice must provide for a reasonable time to cure the violation(s) unless the violations create an immediate danger to health or safety. If, after the correction period, the violation(s) are not abated, the enforcement officer may issue an administrative citation assessing fines in accordance with this chapter.

(Ord. No. 2276 N.S., § 1, 5-2-2018)

A. Recording of notice of violation. The enforcement officer may record a notice of violation with the county recorder on the property which is the subject of the violation after the time limit for compliance if the violation has not been cured within the time limit set for compliance, or the owner or responsible person fails to provide sufficient evidence to establish reasonable doubt that a violation exists, or, if a hearing is held, after the hearing officer has determined responsibility. The notice shall include a description of the property, a description of the violation.

B. Right of appeal. If, following recordation of the notice of violation, the owner, responsible person or his or her authorized agent disagrees with the determination that a violation of this code exists on the property and such determination has not already been made as a result of a hearing under this Chapter, he or she may apply for a "cancellation of notice of violation" by requesting a hearing before the hearing officer pursuant to the provisions of this chapter.

C. Cancellation of notice of violation. The enforcement officer shall submit the "cancellation of notice of violation" to the county recorder for recordation when the violation no longer exists, all required work to abate the violation has been completed, and all related abatement and administrative costs have been reimbursed to the city and approved as determined by the enforcement officer or hearing officer on appeal. A fee shall be paid by the owner or occupant for processing the "cancellation of notice of violation" as set by city council.

(Ord. No. 2276 N.S., § 1, 5-2-2018)

A. Unless a different amount is specified in this code, the amount of the fine payable to the city for an administrative citation shall be set by resolution of the city council.

B. If no specific fine amount is set, the amount of the fine shall be one hundred dollars for a first violation, two hundred dollars for a second violation of the same ordinance within one year, and five hundred dollars for each additional violation of the same ordinance within one year.

C. For violations of local building and safety codes, the amount of the fine shall be one hundred dollars for a first violation, five hundred dollars for a second violation of the same ordinance within one year, and one thousand dollars for each additional violation of the same ordinance within one year.

D. Between July 1 and July 7 and between December 30 and January 2 of each year, the fine for a violation of the following sections will be three times the amount that would otherwise be assessed under subsection B:

1. Section 08.32.010: Sale or possession of fireworks—Prohibited;

2. Section 09.04.010: Discharge—Permit required;

3. Section 09.08.010: Drinking in public—Permit requirement.

(Ord. No. 2276 N.S., § 1, 5-2-2018)

A. The fine shall be paid to the city within thirty days from the date of service of the administrative citation.

B. Any administrative citation fine paid pursuant to subsection A shall be refunded in accordance with Section 1.19.110 if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there were no violation(s) as charged in the administrative citation.

C. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation(s) that are the subject of the administrative citation.

(Ord. No. 2276 N.S., § 1, 5-2-2018)

A. Any recipient of an administrative citation may contest that there was a violation of the code or that he or she is the responsible party by completing a request for hearing form and returning it to the city within thirty days from the date of service 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 1.19.080.

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

(Ord. No. 2276 N.S., § 1, 5-2-2018)

A. Any person who intends to request a hearing to contest that there was a violation of the code or that he or she is the responsible party and who is financially unable to make the advance deposit of the fine as required in Section 1.19.080(A) may file a request for an advance deposit hardship waiver.

B. The request shall be filed with the department of finance on an advance deposit hardship waiver application form, available from the department of finance, within fifteen days of the date of service of the administrative citation.

C. The requirement of depositing the full amount of the fine as described in Section 1.19.080(A) shall be stayed unless or until the director of finance or designee makes a determination not to issue the advance deposit hardship waiver.

D. The director of finance or designee may waive the requirement of an advance deposit set forth in Section 1.19.080(A) and issue the advance deposit hardship waiver only if the cited party submits to the director of finance or designee a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the director of finance or designee the person's actual financial inability to deposit with the city the full amount of the fine in advance of the hearing.

E. If the director of finance or designee determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within ten days of the date of that decision or thirty days from the date of service of the administrative citation, whichever is later.

F. The director of finance or designee shall issue a written determination listing the reason for his or her determination to issue or not issue the advance deposit hardship waiver. The written determination of the director of finance or designee shall be final.

G. The written determination of the director of finance or designee shall be served upon the person who applied for the advance deposit hardship waiver.

(Ord. No. 2276 N.S., § 1, 5-2-2018)

The city manager shall designate the hearing officer for the administrative citation hearing.

(Ord. No. 2276 N.S., § 1, 5-2-2018)

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 1.19.080 or an advance deposit hardship waiver has been issued in accordance with Section 1.19.090.

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 chapter, unless this time is extended based upon agreement of the parties

C. The person requesting the hearing shall be notified of the date, 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 mailed to the person requesting the hearing at least five days prior to the date of the hearing.

E. After a hearing date is set, the enforcement officer or responsible person may apply to the hearing officer for a continuance within ten working days following the time the party discovered or reasonably should have discovered the event or occurrence which establishes the good cause for the continuance. A continuance may be granted for good cause after the ten working days have lapsed if the party seeking the continuance is not responsible for and has made a good faith effort to prevent the condition or event establishing the good cause.

F. 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.

G. At the hearing, the city and the party contesting the administrative citation shall be given the opportunity to testify, to present evidence, and to call and examine witnesses concerning the administrative citation.

H. The hearing officer 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.

I. The hearing officer may conduct the hearing informally, both as to rules of procedure and admission of evidence, in any manner which will provide a fair hearing.

J. Evidence sought to be introduced is not limited by any legal rules of evidence except for the rule that it must be relevant and material to the issues to be decided.

K. 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.

(Ord. No. 2276 N.S., § 1, 5-2-2018)

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within thirty days of the conclusion of the hearing to uphold or cancel the administrative citation and shall list in the decision the reason or reasons for that decision. The written decision of the hearing officer shall be final and is an exhaustion of administrative remedies.

B. The standard of proof shall be by a preponderance of the evidence.

C. If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city.

D. If the hearing officer determines that the administrative citation should be upheld 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 for the fine.

E. If the hearing officer determines that the administrative citation should be upheld, and the city has requested administrative costs, the hearing officer may order payment of the administrative costs by the responsible person to the city.

F. Administrative costs may include any and all costs incurred by the City (both direct and indirect costs) in investigating and commencing administrative proceedings for the violation as well as any and all costs incurred by the city in connection with the hearing before the hearing officer, including but not limited to costs of the code enforcement officer incurred in preparation for the hearing and for participating in the hearing itself and costs of the city to conduct the hearing.

G. If the hearing officer determines that the administrative citation should be canceled and the fine was deposited with the city, then the City shall promptly refund the amount of the deposited fine.

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

I. 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. No. 2276 N.S., § 1, 5-2-2018)

A. Unless otherwise provided in this Code, any person who fails to timely pay, in full, any fine imposed pursuant to the provisions of this Chapter, on or before the date that fine is due, shall also be liable for the payment of a late payment charge of ten percent of the amount of the delinquent fine.

B. Any person who fails to timely pay, in full, any fine imposed pursuant to the provisions of this chapter, on or before thirty days after its due date shall also pay a second penalty of ten percent of the delinquent amount.

(Ord. No. 2276 N.S., § 1, 5-2-2018)

A. The city may collect any past due administrative citation fine, administrative costs, or late payment charge by use of all available legal means, including filing a civil lawsuit.

B. Any person who fails to pay any obligation shall be 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.

C. Collection costs shall be in addition to any penalties, interest, and/or late charges imposed upon the delinquent obligation.

D. Collection costs imposed under this provision shall be added to and become a part of the underlying obligation.

(Ord. No. 2276 N.S., § 1, 5-2-2018)

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 superior court in Santa Clara County in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.

(Ord. No. 2276 N.S., § 1, 5-2-2018)

A. The enforcement officer may issue a notice of violation, administrative citation, or any other notice, order, or other document required to be given by this chapter by personal service, mail, or posting as specified below.

1. For personal service, the enforcement officer shall attempt to locate and personally serve the responsible person. If an agent, manager, or representative of a responsible person is personally served, a copy of the document(s) served shall also be mailed to the responsible person at his/her last-known business or residence address as the same appears in the records of the city, or, if the city lacks such records, the county. In such instances, the date a copy of the document(s) is deposited with the U.S. Postal Service shall constitute the service date.

2. For service by mail, the enforcement officer shall mail the document(s) by first class mail with a requested return receipt at the recipient's last-known business or residence address as the same appears in public records of the city, or, if the city lacks such records, the county. The date a copy of the document(s) is deposited with the U.S. Postal Service shall constitute the service date.

3. For violations involving real property, if the enforcement officer is not able to serve the responsible party in person or by mail, the enforcement officer shall post the document(s) on any real property within the city that is the subject of the notice of violation or administrative citation. The date of posting shall constitute the date of service.

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

(Ord. No. 2276 N.S., § 1, 5-2-2018)