Needles Municipal Code Ch. 2A Administrative Citations and Hearings

2A-01 Purpose 2A-02 Definitions 2A-03 General 2A-04 Administrative Citation Fines 2A-05 Service Of Administrative Citations 2A-06 Contents Of Administrative Citation 2A-07 Satisfaction Of Administrative Citations 2A-08 Appeal Of Administrative Citations 2A-09 Advance Deposit Hardship Waiver 2A-10 Hearing Procedure; Fees 2A-11 Collection Of Fines 2A-12 Denial Of Licenses And Permits For Delinquent Administrative Citation Fines, Charges, Costs And Fees 2A-13 Civil Or Criminal Actions Not Affected

(Ord. No. 356-AC; 396-AC; 497-AC; 515-AC; 546-AC; 580-AC)

2A-01 Purpose

1. In accordance with California Government Code Section 53069.4, this chapter is intended to expedite compliance for violations of The Code of the City of Needles, California, by establishing an administrative citation process, implementing monetary penalties and allowing for reasonable timelines for compliance. Furthermore, it is the intent of this chapter to secure compliance at minimal time and cost to the City by establishing a streamlined administrative process for the issuance, review and appeal of citations. The remedies and procedures set forth in this chapter shall be in addition to any other remedies available in the Code or applicable state and federal law.
2. The goals of this chapter focus on minimizing the number of Code violations made by responsible parties within the City by instituting a Administrative Citation process and promoting a positive City image. The goals of this chapter are as follows: 1. To improve the quality of life for City residents and business owners by reducing the number of Code violations through the encouragement of expedient compliance; 2. To protect the health, safety, and welfare of the general public by minimizing potentially harmful Code violations; 3. To provide a simplified Administrative Citation process in order to encourage its implementation; 4. To minimize the time and expense associated with Code enforcement action; 5. To provide a methodology to hold noncompliant parties responsible for continuous violations; 6. To provide for the enhanced collection of delinquent Code enforcement fines, costs, fees and penalties by conditioning issuance and renewal of City licenses and permits upon payment of such delinquent Code enforcement fines, costs, fees and penalties.
3. The procedures established in this chapter shall be in addition to criminal, civil or administrative abatement or any other legal remedy permitted by law. Use of this chapter shall be at the discretion of the City. (Ord. No. 356-AC; Ord. No 515-AC, January 2010)

2A-02 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

1. “Administrative Citation” shall mean the written notice provided to a responsible party to inform that party of a violation of the Code.
   2. “Administrative fine” shall mean a monetary penalty imposed by an Enforcement Officer pursuant to this chapter for violation of the Code.
   3. “City Manager” shall mean the City Manager of the City of Needles, or his or her designee.
   4. “Enforcement Officer” shall mean a Code enforcement officer, peace officer, firefighter, animal control officer, or City employee designated to enforce the provisions of the Code by issuing notices and Administrative Citations pursuant to this chapter.
   5. “The Code of the City of Needles, California” and “Code” shall mean any ordinance adopted by the City of Needles regardless of whether it has been codified.
   6. “Hearing officer” shall mean an individual with no conflicts of interest designated by the City Manager to conduct the Administrative Citation hearing and make decisions on public nuisances and appeals of Administrative Citations.
   7. “Non-emergency health and safety violation” shall mean a violation of any Code provision pertaining to building, plumbing, electrical or other similar structural or zoning issues, when such violation is deemed by the Enforcement Officer to not create an immediate danger to health and safety.
   8. “Responsible party” shall mean: 1. Any individual or legal entity who is the owner, tenant, co-tenant, lessee, sublessee, occupant or other person with any right to possession of the 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, permits or maintains a Code violation; or 2. Any individual, legal entity or the parent or the legal guardian of any person under the age of eighteen (18) years, who causes, permits or maintains a Code violation. (Ord. No. 356-AC; Ord. No 515-AC, January 2010)

2A-03 General

1. An Enforcement Officer may issue an Administrative Citation to any responsible party for a violation of the Code.
2. Each and every day, or a portion thereof, that a violation of the Code exists constitutes a separate and distinct offense.
3. The process for levying an administrative penalty shall be initiated by the issuance of an Administrative Citation by an Enforcement Officer.
4. Any responsible party issued an Administrative Citation shall be responsible for payment of the administrative fine imposed, the amount of which shall be set forth in this chapter. The City Council may amend the amount of fines from time to time by a separate resolution.
5. The Finance Department shall collect administrative fines. The City may contract with a private vendor, or with any other City or county processing agency for the processing of Administrative Citations, notices of violations and notices of delinquent violations. (Ord. No. 356-AC; Ord. No 515-AC, January

2A-04 Administrative Citation Fines

1. When an administrative fine is imposed, it shall be imposed in the following amounts:

1. Infractions. 1. For the violation of the Code specified by the Code as an infraction, the amount of the administrative fine shall be the amounts set forth in Government Code Section 36900 as follows: (a) a fine not exceeding fifty dollars ($50) for a first violation; (b) a fine not exceeding two hundred dollars ($200) for a second violation of the same Code provision within one year; (c) a fine not exceeding five hundred dollars ($500) for each additional violation of the same Code provision within one year. 2. Notwithstanding the foregoing, the administrative fine for a violation of a Building and Safety Code provision that is specified by the Code as an infraction shall be as follows: (a) a fine not exceeding fifty dollars ($50) for a first violation; (b) a fine not exceeding five hundred dollars ($500) for a second violation of the same Code provision within one year; (c) a fine not exceeding one thousand dollars ($1,000) for each additional violation of the same Code provision within one year of the first violation. 2. Misdemeanors. For the violation of the Code specified by the Code to be punishable as a misdemeanor or for which no fine is specifically provided, the amount of the administrative fine shall be one thousand dollars ($1,000).
   2. The City may charge a fee to recover the costs of processing an Administrative Citation in an amount from time to time established by resolution.
   3. Ordinance 546-AC deleted
   4. For violations of the Code, the City will issue one (1) “courtesy citation” with no fine. If the responsible party fails to correct the violation(s), the City may issue a “first citation” with the applicable fine. The City shall only be required to issue the first citation. Subsequent Administrative Citations may be issued for the same violation(s). The amount of the administrative penalty for failure to correct the violation shall increase at a rate specified herein. (Ord. No. 356-AC; Ord. No. 396-AC; Ord. No.497-AC, December 2007; Ord. No 515-AC, January 2010; Ord. 546-AC, October 2012; Ord. 580-AC, May 2016)

2A-05 Service Of Administrative Citations

1. An Enforcement Officer may issue an Administrative Citation, on a form approved by the City Manager, to the responsible party for a Code violation in the following manner: 1. Personal Service. 1. The Enforcement Officer shall first attempt to locate and personally serve the responsible party and, if possible, obtain the signature of the responsible party on the Administrative Citation. 2. If the responsible party 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 by Mail. If the responsible party refuses to sign the Administrative Citation, or if the Enforcement Officer is unable to locate the responsible party, the Administrative Citation shall be served on the responsible party by mail. Service by mail shall be made by sending the Administrative Citation to the responsible party's address as shown on public records or as known to the City. The Administrative Citation shall be sent by certified mail and/or by first class mail. 3. Service by Posting. If personal service or service by mail is not possible, service shall be made by placing the Administrative Citation in a conspicuous location on the subject property or on any real property in which the City has knowledge that the responsible party has a legal or equitable interest.

2. Date of Issuance/Service. For purposes of determining the date an Administrative Citation is issued/served upon a responsible party, an Administrative Citation shall be deemed issued/served: (1) if personally delivered to the responsible party, on the date of personal delivery; (2) if delivered by mail, on the third day following its deposit into the U.S. postal service as first class mail (postage prepaid) or the date on which the certified return receipt is signed for as delivered, whichever date is earlier; and (3) if posted on the property, the date of posting as indicated by the photograph of the posted notice.

   2. The alteration, mutilation, defacement, concealment, modification, nullification, destruction, or removal of an Administrative Citation posted pursuant to this Section, or any other interference, for the purpose of preventing the service of notice shall be deemed a misdemeanor for which the person responsible may be prosecuted. (Ord. No. 356-AC; Ord. No 515-AC, January 2010; Ord, 546-AC, October 2012)

2A-06 Contents Of Administrative Citation

1. Each Administrative Citation shall contain the following information: 1. Date, approximate time, and address or location description where the violation(s) of the Code occurred; 2. Applicable Code sections that have been violated; 3. If the violation is correctable, a description of the action required to correct the violation(s) and the date by which the violation(s) must be corrected; 4. The amount of the administrative fine imposed for the violation(s); 5. An explanation of how the administrative fine shall be paid, the deadline by which it shall be paid, and the place for payment; 6. An order prohibiting the continuation or repeated occurrence of the Code violation(s) described in the Administrative Citation; 7. Identification of rights of appeal, including the time within which the Administrative Citation may be contested and the place to obtain a notice of appeal and request for hearing form to contest the Administrative Citation; 8. The name and signature of the Enforcement Officer and, if possible, the signature of the responsible party.
   2. The Administrative Citation or copy thereof, shall be kept in the ordinary course of business of the issuing department.
   3. The Administrative Citation shall be prepared in quadruplicate and distributed as follows: 1. The original shall be maintained by the issuing department. 2. The first copy shall be forwarded to the Finance Department for tracking and collection of administrative fines. 3. The second copy may be retained by the Enforcement Officer. 4. The third copy shall be issued to the responsible party. The paper stock of the responsible party copy shall be of a weight appropriate for outdoor posting. (Ord. No. 356-AC; Ord. No 515-AC, January 2010)

2A-07 Satisfaction Of Administrative Citations

1. Non-Emergency Health and Safety Violations. When an Enforcement Officer finds that a non- emergency health and safety violation has occurred, the Enforcement Officer shall have the authority to issue an Administrative Citation that provides for a reasonable period of time, not to exceed ten (10) calendar days, to correct or otherwise remedy the non-emergency health and safety violation. If the

responsible party provides proof to the Enforcement Officer, or his/her designee, that the violation has been corrected within the period of time provided for correction, no additional administrative fines shall be assessed. If the non-emergency health and safety violation has not been corrected or otherwise remedied within the correction period, the Enforcement Officer shall have the authority to issue a second Administrative Citation notifying the responsible party of the violation and imposing an administrative fine. 2. Upon receipt of an Administrative Citation, the responsible party shall do all of the following: 1. Pay the administrative fine(s) to the City within twenty-one (21) calendar days from the issue date of the Administrative Citation. All administrative fines assessed shall be payable to the City. Payment of an administrative fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the City. 2. Correct the violations, if the violations are of such a nature that they can be remedied, within the stated correction period. 3. Any violations that create a danger to health and/or safety, as determined in the sole and absolute discretion of the City, shall be corrected immediately. 3. The supervisor of the Enforcement Officer’s department may grant one (1) extension to complete required corrections if the responsible party, in the sole and absolute discretion of said supervisor, has shown good faith effort and progression in correcting the violation and no immediate danger to health and safety exists, or for other good cause. All requests for extensions must be made in writing and present reasonable hardship. The extension shall not extend beyond twenty-one (21) calendar days from the date the Administrative Citation is deemed served. The City Manager may grant additional time as determined in his or her reasonable discretion, considering all relevant facts and circumstances of the hardship. 4. If the responsible party fails to correct all of the violations set forth in the Administrative Citation, subsequent Administrative Citations may be issued for the continued violations. The amount of the administrative fine for failure to correct the violation shall increase at the rate specified in Sec. 2A-04 or as specified by a separate resolution of the City Council. (Ord. No. 356-AC; Ord. No 515-AC, January 2010; Ord. 546-AC, October 2012)

2A-08 Appeal Of Administrative Citations

1. Initial Review. 1. A responsible party choosing to appeal an Administrative Citation shall request an initial review within twenty-one (21) calendar days from the date the Administrative Citation is deemed served, or such extended date, if an extension is granted pursuant to Sec. 2A-07(c). A request for an initial review, which may be made in person, by telephone, or in writing, shall be submitted to the issuing department. There shall be no fee for the initial review. 2. The City Manager shall designate an employee who is not connected to the case to conduct an initial review of the Administrative Citation. The initial review must occur within five (5) days of the City’s receipt of the request. If as a result of the initial review, the reviewer determines that the violation(s) did not occur, or that the person cited is not the responsible party for the purposes of the violation, the issuing department shall cancel the notice of violation or notice of delinquent violation. The written determination shall be mailed to the party as soon as practicable following the conclusion of the initial review.

   2. Hearing.

2. A responsible party issued an Administrative Citation may appeal the Administrative Citation (a) within ten (10) calendar days of the date of the written initial review determination, or (b) if no initial review was requested, within twenty-one (21) calendar days of the date the Administrative Citation is deemed served, or such extended date, if an extension is granted pursuant to Sec. 2A- 07(c). The notice of appeal and request for hearing (“notice of appeal”) must be in writing and must indicate a return address. It must be accompanied by the administrative fee and appeal fee, which shall be set by City Council resolution, must specify the basis for the appeal in detail, and must be filed with the City Clerk’s office. If the appeal deadline falls on a day City Hall is closed, then the deadline shall be extended until the next regular business day. 2. As soon as practicable after receiving the written notice of appeal, the City shall fix a date, time and place for hearing before a Hearing Officer. Hearings shall take place from time to time, as needed. Written notice of the time and place for the hearing may be served by first class mail, to the return address indicated on the written appeal. Service of the appeal notice must be made at least ten (10) calendar days prior to the date of the hearing to the party appealing the Administrative Citation. 3. The failure of any person with an interest in the property, or other responsible party, to receive such properly addressed notice of the hearing shall not affect the validity of any proceedings under this chapter. Service by first class mail, postage prepaid, shall be effective on the date of mailing. 4. Failure of any responsible party to file a notice of appeal in accordance with the provisions of this Section shall constitute a waiver of that responsible party’s rights to administrative determination of the merits of the Administrative Citation and the amount of the penalty. If no appeal is filed, the Administrative Citation shall be deemed a final administrative order and a failure to exhaust the responsible party’s administrative remedies. (Ord. No 515-AC, January 2010)

2A-09 Advance Deposit Hardship Waiver

1. Any party intending to appeal an Administrative Citation who is financially unable to make the advance deposit of the administrative fee and appeal fee may file a request for an advance deposit hardship waiver with the Finance Director within seven (7) days following the date of the written initial review determination.
   2. Upon the City’s receipt of the request for a waiver under this Section, the requirement of depositing the full amount of the administrative fee and appeal fee as described in Sec. 2A-04 shall be stayed unless or until the Finance Director makes a determination not to issue a hardship waiver.
   3. The Finance Director may waive the requirement for advance deposit only if the responsible party submits to the Finance Director a declaration under penalty of perjury supported by evidence that shows to the Finance Director’s reasonable satisfaction that such party is financially unable to deposit the total amount of the administrative fee and appeal fee in advance of the hearing or other good cause.
   4. If the Finance Director determines not to issue a hardship waiver, the responsible party shall remit the deposit to the City within five (5) days of the date of the Finance Director’s decision or fifteen (15) days from the date of the written initial review determination, whichever is later.
   5. The Finance Director’s decision to grant or deny the request shall be in writing with stated reasons for the determination and shall be final. The Finance Director shall cause the written determination to be served on the responsible party. (Ord. No 515-AC, January 2010)

2A-10 Hearing Procedure; Fees

1. The hearing shall be set for a date not less than fifteen (15) and not more than sixty (60) calendar days following the date the notice of appeal is filed. The party requesting the hearing shall be notified of the time and place set for the hearing at least fifteen (15) calendar days prior to the date of the hearing.
   2. The City Manager shall designate the Hearing Officer to conduct the hearing. The Hearing Officer shall be an individual with no conflicts of interest, ties to the owner, agent or responsible party that is the subject of the appeal, or to the property, if applicable, that is the subject of the appeal. The responsible party/appellant may request the City Manager refuse a Hearing Officer for reasons of actual prejudice against the responsible party’s cause. The Hearing Officer shall conduct an orderly, fair hearing and accept evidence on which persons would commonly rely in the conduct of their ordinary business affairs as follows: 1. A valid Administrative Citation shall be prima facie evidence of the violation. 2. The Hearing Officer shall administer oaths and accept testimony by declaration under penalty of perjury relating to the violation and the appropriate means of correcting the violation. 3. The owner, agent, person responsible for the violation, or any other interested person, may present testimony or evidence concerning the violation and the means and time frame for correction.
   3. The City Manager shall establish all appropriate administrative regulations for implementing this chapter, conducting hearings and rendering decisions pursuant to this Section.
   4. The Hearing Officer may reduce, waive or conditionally reduce the penalties stated in an Administrative Citation if mitigating circumstances are shown and the Hearing Officer states specific grounds for reduction or waiver in the written decision. The Hearing Officer may impose conditions and deadlines for correction of violations or payment of outstanding penalties.
   5. The failure of the responsible party/appellant or duly authorized representative to appear at the hearing shall constitute a forfeiture of the administrative fine and appeal fees and a failure to exhaust the responsible party/appellant’s administrative remedies.
   6. The Hearing Officer shall make findings based upon the record of the hearing and issue a written decision based on the findings. The City shall preserve all exhibits submitted by the parties and shall serve the decision by first class mail on the appellant within ten (10) calendar days after the hearing. The decision of the Hearing Officer dismissing the Administrative Citation is final and conclusive. The decision of the Hearing Officer affirming the Administrative Citation is final and conclusive, subject only to review by the superior court, in accordance with state law, pursuant to an appeal to superior court filed by the appellant within twenty (20) calendar days following the date that the Administrative Citation is served upon the appellant. There are no appeals to the City Council.
   7. If the Hearing Officer dismisses the Administrative Citation, all administrative fines and appeal fees shall be refunded to the responsible party/appellant within sixty (60) calendar days. (Ord. No 515-AC, January 2010)

2A-11 Collection Of Fines

1. The failure of any person to pay an administrative fine within the time specified on the Administrative Citation constitutes a debt to the City. To enforce that debt, the City may file a civil action, impose a special assessment as set forth below, deny issuance or renewal of City licenses or permits as set forth in Sec 2A-12, or pursue any other legal remedy to collect such debt, including reasonable costs of collection and attorneys’ fees.
2. The City may impose a special assessment against the property that is the subject of an Administrative Citation if the Administrative Citation has been issued to the property owner. The City shall record a notice of lien in the office of the county recorder when the special assessment procedure is used. When

so made and confirmed, the cost shall constitute a lien on that property for the amount of the assessment. After confirmation and recordation, a copy shall be delivered to the San Bernardino County Tax Collector. At that point, it will be the duty of the tax collector to add the amounts of the respective assessments to the next regular property tax bills levied against the lots and parcels of land for municipal purposes. Those amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes. Or, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. 3. Unless contrary to any other provision of law, Administrative Citations not under appeal that are more than twenty (20) calendar days delinquent, shall be subject to an additional charge for said delinquency every calendar month. The amount of the additional charge for said delinquency shall be set forth by resolution of the City Council. 4. Nonpayment of fines which the City has made reasonable effort to collect shall be deemed a misdemeanor for which the responsible party may be prosecuted. (Ord. No 515-AC, January 2010)

2A-12 Denial Of Licenses And Permits For Delinquent Administrative Citation Fines, Charges, Costs And Fees

1. Denial of Licenses and Permits. In addition to the procedures described in Sec. 2A11, the City may collect any past due Administrative Citation fine, late payment charge, costs or fees by declining to issue or renew any City license, permit, land use entitlement or other permission required and applied for by the responsible party under any chapter of the Code until the responsible party pays such fine, charge, costs and fees.
   2. Procedure to Deny Licenses and Permits. 1. When the Enforcement Officer becomes aware that a responsible party has failed to pay such fine, charge, costs or fees within the time prescribed in the Administrative Citation, the Hearing Officer’s written decision, or in any order of a court of competent jurisdiction, whichever is applicable, the Enforcement Officer shall notify the departments responsible for issuing the above-described licenses and permits that said responsible party has a delinquent debt, and that no licenses or permits may be issued to the responsible party until the debt has been fully satisfied. 2. At or prior to the time when a responsible party applies for a license or permit, or for a renewal of such license or permit, the department that is responsible for issuing the license or permit shall notify the responsible party that he or she is ineligible for such license or permit issuance or renewal due to the outstanding debt. The notice shall inform the responsible party that he or she may request a description of the outstanding debt from the Code Enforcement Department, and shall inform the responsible party of his or her right to appeal the denial of the license or permit under this Section. If notice is provided by mail, it shall be sufficient to mail the notice to the last address the responsible party provided to the issuing department. The date of notice shall be the date the notice was deposited in the mail, if served by first class mail; the date of delivery, if served by personal service; or the date of service, if served by any other manner. 3. Upon the responsible party’s request, the Code Enforcement department shall provide the responsible party with a written description of his or her outstanding debt. 4. For purposes of this subsection (b), “responsible party” shall include any attorney, agent or representative of a responsible party. The applicable department shall have the right to deny the issuance or renewal of a license or permit if the department reasonably believes that the attorney, agent or representative is seeking the issuance or renewal of a license or permit on behalf of the

party responsible for the outstanding debt to the City. In such case, the applicable department shall send written notice of ineligibility to the responsible party and his or her attorney, agent or representative. 3. Request for Appeal. The appeal provisions of this Section shall specifically apply to Sec. 2A-12, notwithstanding any provision of this Code to the contrary. A responsible party shall have ten (10) business days from the date of notice to appeal the department’s denial by requesting a hearing by the City Manager. Requests for an appeal hearing shall be made in writing to the City Clerk. A request for hearing shall include: 1. The full name, address and telephone number of the responsible party/appellant; 2. A written statement signed by the responsible party/appellant setting forth facts, law or other information relevant to establishing a defense to the department’s denial of the license or permit; 3. A copy of the notice provided to the responsible party/appellant by the license/permit issuing department under Sec. 2A-12(b) (2); and 4. Any documentary evidence that supports the responsible party/appellant’s appeal, including receipts demonstrating payment of the alleged debt. 4. Appeal Procedure. Upon receipt of a timely and proper request for a hearing, the City Manager shall assign a hearing date no later than fifteen (15) business days after the date of request. The hearing shall not be continued without the consent of the responsible party/appellant. The City Manager shall determine whether or not the responsible party/appellant is ineligible for a license/permit pursuant to this Section. The hearing shall comply with the following provisions: 1. The City Manager shall abide by any prior determination that a debt exists and the scope of review shall be limited to: (a) whether the debt has been satisfied, and (b) whether the responsible party/appellant was properly notified that a debt exists pursuant to this chapter, whether by Administrative Citation, written decision of the Hearing Officer, or by order of a court of competent jurisdiction, whichever is applicable. The responsible party/appellant shall not be entitled to raise any defenses related to his or her liability for the underlying debt. 2. The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. 3. At the conclusion of the hearing, the City Manager shall issue a final order that the responsible party/appellant is either eligible or ineligible for issuance or renewal of the license/permit. If the responsible party/appellant is found to be ineligible, his or her license/permit may not be issued or renewed prior to the payment of the outstanding debt. The City Manager shall issue an order no more than fifteen (15) business days after the conclusion of the hearing. The decision of the City Manager shall be final. 5. Optional Issuance by City Department. Notwithstanding the provisions of Sec. 2A12(b), a City department may issue an initial or renewal license or permit to a responsible party if the director of the issuing department or other appropriate City department or agency determines that: 1. The responsible party has entered into an agreement with a court of competent jurisdiction, the Code Enforcement Department, or other appropriate City department or agency, for the payment of all debt owed and the responsible party is in compliance with the agreement; 2. The responsible party is contesting liability for or the amount of the debt in a pending administrative or judicial proceeding; or 3. The responsible party has filed a petition in bankruptcy and the debt owed is dischargeable in bankruptcy.

6. Existing License/Permit to Remain in Effect Pending Appeal. When the holder of a license or permit is notified in accordance with subsection (b) of this Section that such license or permit will not be renewed unless an outstanding debt is paid, the license or permit shall remain in effect during the pendency of the appeal process described in subsection (d) of this Section. When a license or permit is found to be eligible for renewal, through the appeal process, it shall remain in effect until the renewal is issued. When a license or permit is found to be ineligible for renewal, through the appeal process, it shall expire at such time as the license or permit holder has exhausted or failed to exhaust the appeal procedures described in Sec. 2A-12(d). (Ord. No 515-AC, January 2010)

2A-13 Civil Or Criminal Actions Not Affected

Any Administrative Citation pursuant to this Chapter shall not prejudice or adversely affect any other action, civil or criminal, that may be brought to abate the public nuisance or violation or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other process regarding the same public nuisance or violation. (Ord. No 515-AC, January 2010)