National City Municipal Code Ch. 1.44 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 this code and bring about compliance.

B. The administrative citations process set forth in this chapter may be utilized for compliance efforts to correct noncontinuing or continuing violations of this code, such as those that pertain to licensing, animal control, minor building, plumbing, electrical, mechanical, fire, grading or zoning violations, subject to the provisions of Section 1.44.030D.

C. Use of this chapter or determination of what constitutes a minor violation shall be at the sole discretion of the city official charged with responsibility for enforcement of the particular code.

(Ord. 2242 § 4 (part), 2004; Ord. 2140 § 3 (part), 1998: Ord. 2121 (part), 1996)

For purposes of this chapter, "enforcement officer" means any public officer, city employee or agent of the city with the authority by statute, ordinance or regulation to enforce any provision of this code.

(Ord. 2140 § 3 (part), 1998: Ord. 2121 (part), 1996)

A. Whenever an enforcement officer determines that a violation has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.

B. An administrative citation should provide the following information whenever possible:

1. The date of the violation;

2. The identity of the responsible person (owner, tenant, etc.), if available;

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

4. The section of this code violated and a description of the violation;

5. The amount of the fine for the code violation;

6. 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;

7. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

8. A description of the administrative citation review process, including the time within which the administrative citation may be contested and directions on how to contest the administrative citation may be obtained;

9. A statement that the property will be reinspected for compliance, and reinspection fees charged for each reinspection thereafter; and

10. The name and signature of the citing enforcement officer. The signature of the responsible party may be requested but is not necessary. If refused, the issuing officer may note this fact.

C. The administrative citation may, but need not, be signed by the person responsible for the violation.

D. The following procedures will apply in issuing administrative citations for minor code violations of a continuing nature, such as building, plumbing, mechanical, grading, zoning, fire or electrical code:

1. First, a notice of violation shall be issued allowing a minimum period for voluntary compliance and reinspection at no charge for particular violation(s). Except for building code violations or conditions affecting immediate fire and life safety, the correction period should not be less than ten days nor exceed thirty days. Building code violations shall allow for a thirty-day correction period. If conditions affecting immediate fire or life safety concerns require an immediate shutdown of the premises, or any affected portion if feasible, until correction is made, the citation shall establish a defined period for compliance and reinspection not to exceed thirty days. However, under this circumstance, a separate order to stop work or vacate the premises may be required.

2. If, upon reinspection, voluntary compliance is not obtained and the condition(s) not satisfactorily corrected, an administrative citation may then be issued which addresses all remaining violations collectively, imposes a fine and establishes a further date for compliance and reinspection. A maximum of fifteen days may be allowed. Reinspection fees are chargeable at this point.

3. A second or subsequent administrative citation may be issued and a further fine and reinspection fee be imposed if, upon subsequent reinspection, compliance has not been obtained for the particular violation(s) cited under a preceding administrative citation.

4. If compliance is obtained after an administrative citation is issued and the same or similar violation occurs again, an administrative citation and assessment of the penalty applicable to a second violation may be issued instead.

E. An administrative citation may be used for code violations that are not of a continuing nature but may be characterized as a single event or occurrence, such as animal control violations, dumping, pollution or littering, without prior issuance of a notice of violation where the issuing officer concluded that enforcement action, rather than a verbal warning, is warranted.

(Ord. 2242 § 4 (part), 2004; Ord. 2140 § 3 (part), 1998: Ord. 2121 (part), 1996)

A. The administrative citation and all notices required to be given under this chapter shall be served on the person charged in the citation by any of the following methods:

1. Personal service; or

2. Certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be signed and sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned; or

3. Posting the notice conspicuously on or in front of the property, and mailing a copy to the property owner or other responsible party.

B. Service by certified and regular mail in the manner described above shall be effective on the date of mailing. Service by mail shall be to the responsible person's address as indicated on the current assessment roll of the San Diego County assessor.

C. Failure of a responsible party to actually receive notice regularly made in conformity with this Section 1.44.040 shall not affect the validity of the notice or the proceedings.

(Ord. 2242 § 4 (part), 2004; Ord. 2140 § 3 (part), 1998: Ord. 2121 (part), 1996)

The following fines shall be imposed for each separate violation of the same code section:

A. One hundred dollars for a first violation;

B. Two hundred dollars for a second violation within the same year; and

C. Five hundred dollars for each additional violation in the same year.

(Ord. 2121 (part), 1996)

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

B. Any administrative citation fine paid pursuant to subsection A of this section shall be refunded in accordance with Section 1.44.100 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.

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

(Ord. 2121 (part), 1996)

A. Any recipient of an administrative citation may contest that there was not a violation of the code or that he or she is not the responsible person by requesting a hearing with the city department specified on the administrative citation within thirty days from the date of the administrative citation, together with an advance deposit of the fine.

B. The request for hearing may be made via the administrative citation form in the space provided for such action.

C. The person requesting the hearing shall be notified by the department 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. 2242 § 4 (part), 2004; Ord. 2121 (part), 1996)

Upon the filing of a request for a hearing of an administrative citation, a hearing officer shall be chosen by the parties, who shall be neutral and unbiased as to the matter in contention. Experience in the subject area is preferred but not a prerequisite. The city shall maintain a panel of candidates available to serve as hearing officers for the administrative citation hearings. The enforcement officer or other designated city representative and the aggrieved party shall select a hearing officer from the list by alternatively striking names from the panel list, beginning with the aggrieved party. The city and the aggrieved party may share the cost of the hearing officer, or if the aggrieved party chooses, the city will pay the full cost of the hearing officer, if requested by the aggrieved party in writing prior to the hearing.

The hearing should occur not later than sixty days from the time of the request for administrative hearing filed by the aggrieved party, unless waived by the city and the aggrieved party.

(Ord. 2277 § 2, 2005: Ord. 2242 § 4 (part), 2004; Ord. 2121 (part), 1996)

A. Before a hearing to contest an administrative citation is held, the fine must be deposited in advance in accordance with Section 1.44.060.

B. A hearing before the hearing officer shall be set for a date that is not less than fifteen days and not more than forty-five days from the date that the request for hearing is filed in accordance with the provisions of this chapter.

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 the exhaustion of his/her 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 administrative citation prior to issuing a written decision.

(Ord. 2140 § 3 (part), 1998: Ord. 2121 (part), 1996)

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 in the decision the reasons for that decision. The decision of the hearing officer shall be administratively final and constitutes the exhaustion of administrative remedy. Unless appealed to the superior court as provided by statute (see Section 1.44.120), the fine and any reinspection fee imposed by the administrative citation is 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 canceled, then the city shall promptly refund the amount of the deposited fine, together with interest at the average rate earned on the city's portfolio for the period of time that the fine amount was held by the city.

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. 2242 § 4 (part), 2004; Ord. 2121 (part), 1996)

Any past due administrative citation fine or late payment charge may be collected by any available legal means. The finance director is primarily responsible for collecting fines and reinspection fees. The city attorney is authorized to file civil process before the superior court to enforce collection.

(Ord. 2242 § 4 (part), 2004; Ord. 2121 (part), 1996)

Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing an appeal to be heard with the San Diego County superior court within twenty days upon payment of the filing fee in accordance with the timelines and provisions as set forth in California Government Code Section 53069.4. Unless appealed within that time, the fine is final.

(Ord. 2242 § 4 (part), 2004; Ord. 2121 (part), 1996)