Murrieta Municipal Code Ch. 1.26 Administration Citations

A. The city council 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.

B. The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the municipal code or applicable state codes.

C. The city council finds and determines that enforcement of the Murrieta Municipal Code, other ordinances adopted by the city, conditions on entitlements and terms and conditions of city agreements are matters of local concern and serve important public purposes. Consistent with its powers as a general law city, the city adopts this administrative citation program provision in order to achieve the following goals:

1. To protect the public health, safety and welfare of the citizens of the city;

2. To gain compliance with the municipal code and state codes, ordinances and regulations in a timely and efficient manner;

3. To provide for an administrative process to appeal the imposition of administrative citations and fines;

4. To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the municipal code, ordinances, agreements or terms and conditions on entitlements in the city;

5. To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system.

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

(Ord. 207 § 2 (part), 1999)

"Enforcement officer" means any officer or employee with the authority to enforce the Murrieta Municipal Code, whether employed by the city or by contractual agreement, or applicable state codes as provided in Section 1.28.020.

"Responsible person" means any individual 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 eighteen (18) years, who causes or maintains a violation of the Murrieta Municipal Code or applicable state code.

(Ord. 207 § 2 (part), 1999)

A. Any person violating any provision of the Murrieta Municipal Code or applicable state code may be issued an administrative citation by an enforcement officer as provided in this chapter. A violation of this code includes, but is not limited to, all violations of the municipal code, the Uniform Codes adopted by the city council, failing to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this code.

B. Each and every day a violation of the municipal code or applicable state code exists constitutes a separate and distinct offense.

C. A civil fine shall be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the city.

D. Fines for administrative citations shall be assessed in the amounts specified in this chapter, as adopted by the city council, as:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) 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 ($500.00) for each additional violation of the same ordinance or permit within one (1) year from the date of the first violation.

4. Pursuant to Government Code Section 36900(c), and notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction that poses a threat to public health or safety is punishable by the following:

a. A fine not exceeding one hundred thirty dollars ($130.00) for the first violation.

b. A fine not exceeding seven hundred dollars ($700.00) for the second violation of the same ordinances within one (1) year.

(i) A fine not exceeding one thousand three hundred dollars ($1,300.00) for each additional violation of the same ordinance within one (1) year of the first violation.

(ii) A fine not exceeding two thousand five hundred dollars ($2,500.00) for each additional violation of the same ordinance within two (2) years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to the failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

5. Pursuant to Government Code Section 36900(d), and notwithstanding any other law including subsections D.3. and D.4. above, a violation of Chapter 5.27 of this code related to short-term vacation rentals determined to be an infraction that poses a threat to public health or safety is punishable by the following:

a. A fine not exceeding one hundred dollars ($100.00) for a first violation for failure to register or pay a business license fee.

b. A fine not exceeding one thousand five hundred dollars ($1,500.00) for any other first violation.

c. A fine not exceeding three thousand dollars ($3,000.00) for a second violation of the same ordinance (other than pursuant to subsection D.5.a. within one (1) year.

d. A fine not exceeding five thousand dollars ($5,000.00) for each additional violation of the same ordinance (other than pursuant to subsection D.5.a. within one (1) year of the first violation.

E. Fines collected resulting from enforcement of Murrieta Municipal Code administrative citation violations will be placed in the general fund and used solely for the purpose of the code enforcement program in order to ensure and maintain the character and well-being of the city.

(Ord. 582 § 1, 2022; Ord. 551 § 1, 2019; Ord. 207 § 2 (part), 1999)

A. For fines imposed under this code for second and subsequent violations of the same ordinance, regulation, condition, or permit within one (1) year from the date of the first violation, the citation recipient of a fine may request a hardship waiver by completing a hardship waiver form and returning the form to the city clerk within ten (10) days of the date stated on the citation. The waiver request shall include a sworn affidavit and any supporting documents or materials demonstrating to the satisfaction of the city manager or his or her designee that: (1) the recipient of the fine has made a bona fide effort to comply after the first violation; and (2) payment of the full amount of the fine would impose an undue financial burden on the recipient.

B. The city manager or his or her designee shall provide written notice of the determination of a timely received waiver request to the recipient of the fine by first class mail. Service shall be deemed complete at the time the notice is deposited into the mail and addressed to the person at the address indicated on the hardship waiver form. The determination notice shall include a brief description of the reasons for the determination to approve or not approve the hardship waiver. The written determination of the city manager or his or her designee shall be final.

C. If the city manager or his or her designee determines not to approve a hardship waiver, the recipient of the fine shall, within ten (10) days of service of that determination, either remit the deposit amount to the city or appeal the citation in compliance with the applicable procedures in this code.

(Ord. 582 § 2, 2022)

A. An administrative citation on a form approved by the city manager or police chief may be issued to the responsible person by an enforcement officer for violations of the municipal code or applicable state code in the following manner:

1. Personal Service. In any case where an administrative citation is issued:

a. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation,

b. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings;

2. Service of Citation by Mail. If the enforcement officer is unable to locate the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned; or,

3. Service by Citation by Posting Notice. If the enforcement officer does not succeed in personally serving the responsible person, or by certified mail or regular mail, the enforcement officer shall post the administrative citation on any real property within the city in which the city has knowledge that the responsible person has a legal interest, and such posting shall be deemed effective service.

(Ord. 207 § 2 (part), 1999)

A. Each administrative citation shall contain the following information:

1. Date, approximate time, and address or definite description of the location where the violation(s) was observed;

2. The code sections or conditions violated and a description of the violation(s);

3. An order to the responsible person to correct the violations within the time specified, and an explanation of the consequences of failure to correct the violation(s);

4. The amount of the fine for the violation(s);

5. An explanation of how the fine shall be paid and the time period by which it shall be paid;

6. Identification of rights of appeal, including the time within which the citation may be contested and the place to send a written request for a hearing to contest the administrative citation; and

7. The name and signature of the enforcement officer and if possible the signature of the responsible person.

(Ord. 207 § 2 (part), 1999)

A. Upon receipt of a citation, the responsible person must do the following:

1. Pay the fine to the designated collector of the fine(s) as noted on the citation, within 30 days from the date of issuance of the administrative citation. All fines assessed shall be payable to the city. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city.

2. Remedy the violation(s), if the violation(s) is of such a nature that it can be remedied. If the responsible person fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s). The amount of the fine for failure to correct the violation shall increase at a rate specified in this chapter or by ordinance.

(Ord. 551 § 2, 2019; Ord. 207 § 2 (part), 1999)

Any recipient of an administrative citation may contest that there was a violation of the Murrieta Municipal Code, or that he or she is the responsible person, by submitting a written request for a hearing, and returning it to the designated collector as noted on the citation, within thirty (30) days from the date of the issuance of the administration citation, together with an advanced deposit of the fine. Any administrative citation fine which has been deposited shall be refunded 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 was no violation(s) as charged in the administrative citation.

(Ord. 610-24 § 22, 2024; Ord. 207 § 2 (part), 1999)

The Murrieta city manager or police chief shall designate the hearing officer for the administrative citation hearing. The hearing officer shall not be a city 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.

(Ord. 207 § 2 (part), 1999)

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

B. A hearing before the hearing officer shall be set for a date that is not less than fifteen (15) and not more than sixty (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 enforcement 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 or other applicable state code 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 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 by mail on the person requesting the hearing at least five days prior to the date of the hearing.

H. At least ten 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.

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within ten days of the hearing to uphold or deny the administrative citation and shall list 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, then the fine amount on deposit with the city shall be retained by the city.

C. If the hearing officer determines that the administrative citation should be cancelled and the fine was deposited with the city, then the city shall refund the amount of the deposited fine per standard operating procedures established by the city.

D. The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision in the manner prescribed by Section 1.26.090 of this code.

(Ord. 207 § 2 (part), 1999)

The failure of any person to pay the civil fines assessed by an administrative citation within the time specified on the citation may result in the matter being referred to the city to file a claim with the small claims court. Alternatively, the city may pursue any other legal remedy to collect the civil fines, including the appointment of a private collection agency, acting on behalf of the city, as its agent, to pursue and collect fines as determined by contract agreement and approved by the city council. The city may also recover its collection's costs, along with fines assessed, according to proof of attempts to collect the debt.

(Ord. 207 § 2 (part), 1999)

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 Riverside County Three Lakes Municipal Court in accordance with the timeliness and provisions as set forth in California Government Code Section 53069.4.

(Ord. 207 § 2 (part), 1999)

A. The administration citation and all notices to be given by this chapter shall be served on the responsible person in accordance with the provisions of this chapter and Chapter 1.24 of this code, where applicable.

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

(Ord. 207 § 2 (part), 1999)