Morro Bay Municipal Code Ch. 1.03 Administrative Citation Program

The city council hereby finds that there is a need for an alternative method of enforcement for minor violations of the municipal code and applicable state codes. The city council further finds that an appropriate method of enforcement for minor violations is an administrative citation program as authorized by Government Code Section 53069.4.

(Ord. 530 § 1 (part), 2007)

Notwithstanding the definitions found in Chapter 1.04 of the Morro Bay Municipal Code, for purposes of this chapter, the following definitions shall apply:

"Administrative code enforcement remedies" means administrative abatement, summary abatement, civil penalties, administrative citations, and recordation of notices of violation as contained in the Morro Bay Municipal Code.

"Administrative costs" means the administrative citation fines and civil penalties assessed, all costs incurred by the city from the first discovery of the violations through the appeal process and until compliance is achieved, including but not limited to staff time in inspecting the property, sending notices, preparing and attending any appeal hearing, and fees paid to the administrative hearing officer.

"Administrative hearing officer" means any person appointed by the city manager, or his/her designee, to preside at administrative hearings.

"Code" means the Morro Bay Municipal Code, the Morro Bay Zoning Ordinance, the uniform codes adopted by the city, and all unmodified and/or any other ordinance adopted by the city council.

"Enforcement officer" means any city employee or agent of the city with the authority to enforce any provision of this code as identified in Chapter 1.16.

"Hearing officer" means the person or persons appointed by the city manager to preside over an administrative hearing provided for in this chapter. The Morro Bay city manager shall establish a process to designate a fair and impartial hearing officer for the administrative citation hearing.

"Person" means any individual or entity, including but not limited to a corporation, partnership, or trust.

"Responsible party" means any person or persons in charge of the premises or location, or the person or persons responsible for the event or incident, and shall include any of the following:

1. The person or persons who own the property where the violation exists;

2. The person or persons in charge of the premises where the violation exists;

3. The person or persons using the premises when the violation exists;

4. If any of those persons are minors, the parent or guardians of such minor(s) shall be the responsible party;

5. If the person or persons are a business entity, the manager or on-site supervisor where the violation exists shall be a responsible party.

(Ord. 530 § 1 (part), 2007)

Whenever an enforcement officer charged with the enforcement of any provision of a code determines that a violation of that provision has occurred, the enforcement officer may issue a warning of an administrative citation to any responsible party for the violation. A warning shall be served as a prerequisite to the issuance of a first administrative citation. The warning shall identify the code section(s) violated and provide a description of the violation and how it can be corrected. The warning shall specify a time and date by which the violation shall be corrected, after which an administrative citation may be issued if the violation is not fully corrected. The enforcement officer shall provide for a reasonable period of time to correct the violation after considering the circumstances of the case, except that at least twenty-four hours shall be allowed from the time and date of the warning for the code violation to be corrected. A warning shall not be required before the issuance of a second or any subsequent administrative citation for a continuing or repeated violation.

(Ord. 530 § 1 (part), 2007)

A. Whenever an enforcement officer charged with the enforcement of this code determines that a violation of any provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any responsible party for the violation, provided that any warning required by Section 1.03.030 has first been issued.

B. Each administrative citation shall contain the following information:

1. The date of violation;

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

3. The provision(s) violated and a description of the violation;

4. The amount of the fine for the 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 procedure for requesting a hearing; and

8. The name and signature of the enforcement officer.

(Ord. 530 § 1 (part), 2007)

A. The amounts of the fines for violations imposed pursuant to this chapter shall be set forth in the schedule of fines established by resolution of the city council, or where no fine is specified therein, by:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same ordinance or permit within one year from the date of the first violation;

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

B. The schedule of fines shall specify any increased fines for repeat violations of the same or similar provision by the same person 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. Pursuant to Government Code Section 36900(d), the amount of fines for violations of Chapter 17.30.220, Short-Term Vacation Rentals (IP), that pose a threat to public health or safety shall be one thousand five hundred dollars for a first violation, three thousand dollars for a second violation within one year of the prior violation, and five thousand dollars for each additional violation within one year of the first violation. Violations that pose a threat to public health or safety include but are not limited to the operation of a short-term rental without a valid short-term vacation rental permit, material false representation on any short-term vacation rental application or self-inspection form, or a material violation of any operational requirements under Section 17.30.220(L). A permittee seeking a hardship waiver as set forth in Government Code Section 36900(e) shall utilize the appeal procedures set forth in Chapter 1.03.070, Hearing Request.

(Ord. 530 § 1 (part), 2007)

(Ord. No. 674, § 2, 1-27-26)

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

B. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the administrative citation.

(Ord. 530 § 1 (part), 2007)

A. Any recipient of an administrative citation may contest that there was a violation or that he or she is the responsible party by filing in writing with the police department, within thirty calendar days from the date of the administrative citation, a request for a hearing.

B. The person requesting the hearing shall be notified in writing of the time and place set for the hearing at least thirty calendar days prior to the date of the hearing.

C. If the enforcement officer submits a written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall be served by certified mail, return receipt requested, on the person requesting the hearing no less than ten calendar days prior to the date of the hearing.

(Ord. 530 § 1 (part), 2007)

A. An administrative citation hearing shall be held by the hearing officer in the manner and form set forth in this section.

B. The city of Morro Bay city manager shall designate the hearing officer for the administrative citation hearing. The hearing officer shall not be a city of Morro Bay employee. The employment, performance evaluation, compensation, and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.

C. No hearing to contest an administrative citation before a hearing officer shall be held unless and until a request for hearing form has been completed and submitted and the fine has been deposited in advance.

D. The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible person has caused or maintained the violation(s) of the municipal code on the date(s) specified in the administrative citation.

E. The person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

F. 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.

G. 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.

H. At least ten calendar days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the enforcement officer. No other discovery is permitted. Formal rules of evidence shall not apply.

I. 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.

(Ord. 530 § 1 (part), 2007)

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 state in the decision 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, the hearing officer shall determine the amount of the fine to be imposed, and shall specify a date by which the fine is to be paid to the city.

C. The recipient of the administrative citation shall be served a copy of the hearing officer's written decision by certified mail, return receipt requested.

(Ord. 530 § 1 (part), 2007)

Any person who fails to pay to the city any fine imposed pursuant to the provisions of this chapter on or before the date the fine is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines.

(Ord. 530 § 1 (part), 2007)

The city may collect any past-due administrative citation fine or late payment charge by use of any and all available legal means. The city may also recover all of its administrative costs according to proof.

(Ord. 530 § 1 (part), 2007)

An administrative citation may be served in any of the following ways:

A. By personal delivery to the violator;

B. By certified mail, postage prepaid, return receipt requested, to the address at which the violator resides or as otherwise known to the issuing officer or authorized agent;

C. When service of the administrative citation is accomplished through mail, proof of service of the administrative citation shall be certified at the time of service by a written declaration under penalty of perjury executed by the person(s) effecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to a copy of the administrative citation and retained by the code enforcement officer or authorized agent.

(Ord. 530 § 1 (part), 2007)

Any person aggrieved by an administrative decision of the hearing officer regarding the disposition of an administrative citation may obtain review by filing a petition for review with the municipal court in accordance with the timelines and provisions set forth in Government Code Section 53069.4.

(Ord. 530 § 1 (part), 2007)