Chapter 1 — GENERAL PROVISIONS

(a)

Upon discovering or observing any violation of this Code for which a civil penalty has been prescribed, the enforcement officer may issue an administrative citation to the violator or property owner in the manner prescribed in section 1.14.2 of this Code. The administrative citation shall be issued on a form prescribed by the city attorney.

(b)

Any party responsible for a violation of this Code shall be provided a notice of violation prior to the issuance of an administrative citation. The notice of violation shall specify the action required to correct or otherwise remedy the violation(s). Not less than twenty-four (24) hours shall be allowed from the date of the notice of violation for the party to correct or otherwise remedy the violation. The enforcement officer shall assign a specific reasonable period within which to correct or otherwise remedy each violation. The enforcement officer shall consider the cost of abatement or correction, the time needed to obtain estimates, drawings and contracts for correction, time required for physical relocation of personal property, and the time required to review submittals in determining the reasonable warning period to be assigned for each violation. A notice of violation is not required before issuance of a second or any subsequent administrative citation for a continuing or repeated violation.

(c)

Failure to comply with any portion of a notice of violation may result in the issuance of an administrative citation.

(d)

The enforcement officer shall identify the responsible party. A responsible party shall be deemed to be the business or property owner or the manager or other person who is in immediate control of the premises or

activity which constitutes a violation of this Code.

(e)

Once the party responsible for the violation is identified, the enforcement officer may issue an administrative citation to that person or entity.

(Ord. No. 98-01, § 1, 1-7-98)

(a)

Service of an administrative citation may be accomplished as follows:

(1)

Personal service. The enforcement officer may obtain the signature of the responsible party to establish personal service of the citation. If the responsible party refuses or otherwise fails to sign the administrative citation, the lack of signature shall not affect the validity of the citation or the proceedings.

(2)

The enforcement officer may post the citation by affixing the citation to a surface in a conspicuous place on the property. Conspicuous posting of the citation is not required when personal service is accomplished or when conspicuous posting poses a hardship or is excessively expensive. Failure of a posted notice to remain in place after posting shall in no way affect the validity of the citation or the proceedings.

(3)

The enforcement officer may serve the citation by first class mail as follows:

a.

The administrative citation shall be mailed to the responsible party or property owner(s) by first class mail, postage prepaid, with a declaration of service under penalty of perjury.

b.

A declaration of service shall be made by the person mailing the administrative citation showing the date and manner of service by mail and reciting the name and address of the citation addressee.

c.

The failure of any responsible party to receive a properly addressed citation shall not affect the validity of the notice.

d.

Service of the administrative citation in the manner described above shall be effective on the date of mailing.

(Ord. No. 98-01, § 1, 1-7-98)

The administrative citation shall include all the following:

(1)

A brief description of the violation;

(2)

Date and location of the violation(s) and the approximate time the violation(s) was observed.

(3)

Code section(s) violated;

(4)

Description of corrective action required;

(5)

A statement explaining that each day constitutes a new violation;

(6)

The amount of civil penalty imposed for the violation(s);

(7)

A statement advising that the fine shall be paid to the city within thirty (30) days from the date on the administrative citation, procedure for payment, and the consequences of failure to pay; and

(8)

A statement describing the responsible party's right of appeal.

(Ord. No. 98-01, § 1, 1-7-98)

(a)

Persons receiving an administrative citation may appeal if within ten (10) calendar days from the date the citation is served. The appeal must be in writing and must indicate a return address. It must be accompanied by the penalty amount, specifying the basis for the appeal in detail, and must be filed with the city as indicated in the administrative citation. If the deadline falls any day City Hall is closed, then the deadline shall be extended until the next regular business day.

(b)

As soon as practicable after receiving the written notice of appeal, the city agency shall fix a date, time and place for hearing before a hearing officer. Written notice of the time and place for the hearing may be served by first class mail, at the return address indicated on the written appeal. Service of the appeal notice must be made at least ten (10) days prior to the date of the hearing to the party appealing the citation.

(c)

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.

(d)

Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person's rights to administrative determination of the merits of the citation and the amount of the penalty. If no appeal is filed, the citation shall be deemed a final administrative order.

(e)

A hearing officer shall be designated by the city manager for all appeal hearings under this chapter. The respondent may request the city manager disqualify a hearing officer for reasons of actual bias, prejudice, financial conflict of interest, or for any other reason for which a judge may be disqualified for cause in a court of law. 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, however, the formal rules of evidence and procedure applicable to judicial proceeding shall not apply. Cross-examination of witnesses is not required, but may be permitted as deemed appropriate by the hearing officer. Notwithstanding any provision of this section to the contrary:

(1)

A valid citation shall be prima facie evidence of the violation;

(2)

The hearing officer shall accept testimony by declaration under penalty of perjury relating to the violation and the appropriate means of correcting the violation;

(f)

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.

(g)

The city manager, subject to approval by the city attorney, may establish appropriate administrative regulations for implementing this ordinance, conducting hearings and rendering decisions pursuant to this section.

(h)

The hearing officer may reduce, waive or conditionally reduce the penalties stated in a citation or any late fees assessed 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.

(i)

The hearing officer shall make findings based on the record of the hearing and make a written decision based on the findings. The processing agency shall preserve all exhibits submitted by the parties and shall serve the decision by first class mail on the respondent within ten (10) working days after the hearing. The decision of the hearing officer dismissing the citation is final and conclusive, subject only to review by the municipal court. There are no appeals to the city council.

(Ord. No. 98-01, § 1, 1-7-98; Ord. No. 98-31, § 1, 10-21-98)

(a)

After receipt of the hearing officer's decision, the respondent may file an appeal with the municipal court for de novo review. The request for review shall be submitted within twenty (20) days of the date of mailing of the hearing officer's decision. The request for review shall be submitted on a form prescribed by the Court to the City of Oceanside, along with the applicable filing fee. The request for municipal court review shall state the reasons the party objects to the hearing officer's findings or decision.

(b)

A final administrative order may be appealed to the municipal court as provided in section 1.14.5(a) within twenty (20) days of the date that the citation is deemed a final administrative order.

(c)

The municipal court shall conduct a de novo hearing except the contents of the processing agency file shall be received into evidence.

(d)

A copy of the notice of violation and imposition of penalty shall be entered as prima facie evidence of the facts stated therein.

(e)

The municipal court filing fee shall be twenty-five dollars ($25.00) or such other amount as determined by the court. If the court finds in favor of the respondent, the amount of the fee shall be reimbursed to the respondent by the city. Any deposit of penalty shall be refunded by the city in accordance with the judgement of the court.

(f)

If the penalty has not been deposited, and the decision of the court is against the respondent, the city may proceed to collect the civil penalty in the manner provided by law.

(Ord. No. 98-01, § 1, 1-7-98)

(a)

The penalty amount shall be assessed at a rate as adopted by resolution of the city council.

(b)

If the violator or property owner fails to correct the violation, subsequent administrative citations may be issued for the same violation(s).

(c)

Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.

(d)

All penalties assessed shall be payable to the city.

(e)

The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation pursuant to section 1.14.3, without the filing of an appeal as provided in section 1.14.4, shall result in the assessment of an additional late fee. The amount of the late fee shall be 100 percent of the total amount of the administrative penalty owed.

(f)

The failure of any person to pay a penalty assessed by administrative citation within the time specified on the 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, or pursue any other legal remedy to collect such money.

(g)

The city may impose a special assessment against the property that is the subject of a citation if the 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 turned over the San Diego 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.

(Ord. No. 98-01, § 1, 1-7-98)

Penalties collected in the manner described in this section shall be deposited in the general fund of the city.

(Ord. No. 98-01, § 1, 1-7-98)

(a)

Any administrative citation pursuant to this administrative remedies ordinance shall not prejudice 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.

(b)

Nothing in this administrative remedies ordinance shall be construed to prejudice any other action to impose, establish or recover a civil penalty for the violation of any City Code pursuant to any other provision of this Code.

(Ord. No. 98-01, § 1, 1-7-98)