Chapter 1.13 — ADMINISTRATIVE CITATIONS

The city council has determined that the enforcement of the Orland Municipal Code throughout the city is an important public service vital to the protection of the public's peace, health, safety and quality of life. The council has also determined that an administrative citation program is an appropriate method of enforcing violations of the municipal code. This chapter provides uniform procedures for issuing administrative citations and conducting administrative hearings, and is in addition to all other criminal, civil, or administrative remedies that may be pursued by the city to address any violation of the municipal code. Use of this chapter as a remedy shall be at the sole discretion of the city.

(Ord. No. 2008-02, § 2, 1-22-2008)

For purposes of this chapter, the following definitions shall apply:

"Administrative citation" means a written notice of violation of a provision of the Orland Municipal Code, which may include the imposition of an administrative fine.

"Citation costs" mean 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 a hearing officer.

"City manager" means the city of Orland's city manager, or duly authorized designee of the city manager.

"Enforcement officer" means any city employee designated by municipal code or authorized by that designated employee, or any employee authorized by the city manager to have the authority to enforce any provision of the municipal code.

"Hearing officer" means an individual that meets or exceeds minimum qualification criteria established by the city manager for training and experience in the subject matters of this chapter. Hearing officers assigned to conduct hearings under this chapter shall be selected by the city manager in a manner that

does not create an appearance that the hearing officer could be rewarded with future remunerative employment for decisions favorable to the city.

"Owner" means the owner or owners of any premises or real property.

"Person" or "persons" means any individual, partnership, corporation, joint venture, receiver, limited liability company, trust, estate, cooperative, association, or any other entity.

"Responsible party" means any person in possession or control of the premises or location where the code violation exists as well as any person responsible for causing or maintaining the violation, and includes, but is not limited to, any of the following:

The person who owns the property where the violations exist;

The person in possession or control of the premises where the violation exists;

The person using the premises when the violation exists;

If any such person is a minor, the parent or guardians of such minor shall be the responsible party;

If the person is a corporation or limited liability company, any senior officer of that corporation or limited liability company shall be a responsible party;

If the person is a partnership, joint venture, cooperative, or association, any partner or member of the joint venture, cooperative, or association shall be a responsible party;

If the person is a trust, any trustee shall be a responsible party;

If the person is an estate, the administrator of the estate shall be a responsible party; or

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

(Ord. No. 2008-02, § 2, 1-22-2008)

A.

Any person violating any provision of the municipal code may be subject to the issuance of an administrative citation pursuant to the administrative procedures provided in this chapter.

B.

For the purposes of this chapter, each and every day a violation of any provision of the municipal code exists constitutes a separate and distinct violation.

(Ord. No. 2008-02, § 2, 1-22-2008)

The procedures provided in this chapter shall be cumulative and in addition to any other procedure or legal remedy provided for in the municipal code or by state law. Nothing in this chapter shall be deemed to prevent the city from commencing alternative administrative, civil, or criminal proceedings to penalize or abate a nuisance under applicable civil, criminal, or municipal code provisions as an alternative to the proceedings set forth in this chapter.

(Ord. No. 2008-02, § 2, 1-22-2008)

For the purposes of this chapter, any enforcement officer shall have the power to enter onto any public or private property within the city of Orland in order to determine the existence of a violation of any provision of the municipal code and to make any inspection, examination, or survey as may be necessary to perform enforcement duties. All entries, inspections, examinations, and surveys shall be done in a reasonable manner. If an owner, occupant, or agent refuses permission to enter or inspect, the enforcement officer may seek an administrative inspection warrant pursuant to California Code of Civil Procedure Sections 1822.50 through 1822.59, as may be amended from time to time.

(Ord. No. 2008-02, § 2, 1-22-2008)

The administrative citation process set forth in this chapter may be utilized to enforce continuing violations of this Code; provided, however, that the person responsible for any such continuing violation shall be allowed a reasonable period of time to correct or otherwise remedy the violation prior to the city's issuance of an administrative citation. Nothing in this section, however, shall require the city to provide any such correction period concerning violations creating an immediate danger to health or safety, or to any building, plumbing, electrical, or other similar structural or zoning code violations which are transient and non- continuing in nature.

(Ord. No. 2008-02, § 2, 1-22-2008)

Whenever an enforcement officer determines that a violation of any provision of the municipal code has occurred, the enforcement officer shall have the authority to issue an administrative citation to any applicable responsible party. If the enforcement officer determines that multiple code violations have occurred, the administrative citation shall address all such violations. Administrative citations shall be served in accordance with Section 1.13.210 of this chapter.

(Ord. No. 2008-02, § 2, 1-22-2008)

Each administrative citation issued pursuant to this chapter shall contain the following information:

A.

The date of the violation;

B.

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

C.

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

D.

The amount of the fine for the code violation;

E.

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;

F.

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

G.

A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place to obtain a request for hearing form to contest the administrative citation; and

H.

The name and signature of the citing enforcement officer.

(Ord. No. 2008-02, § 2, 1-22-2008)

A.

An administrative fine shall be directly assessed by means of an administrative citation issued by an enforcement officer.

B.

The amounts of the fines for code violations imposed pursuant to this chapter shall be set forth in the schedule of fines established by resolution of the city council.

C.

The schedule of fines shall specify any increased fines for repeat violations of the same code provision.

D.

The schedule of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date.

(Ord. No. 2008-02, § 2, 1-22-2008)

A.

Any fine imposed under this chapter shall be made payable to the city of Orland, and shall be submitted to the city treasurer within thirty (30) 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 code violation that is the subject of the administrative citation.

C.

Any payment of a fine shall be refunded upon the issuance of an administrative enforcement order finding 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.

(Ord. No. 2008-02, § 2, 1-22-2008)

A.

Any recipient of an administrative citation may contest that there was a violation of the municipal code, or that he or she is the responsible party, by completing a request for hearing form and returning it to the enforcement officer within thirty (30) calendar days from the date of the administrative citation. The request

for hearing form must be accompanied by an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 1.13.120 of this chapter.

B.

A request for hearing form may be obtained from the department specified on the administrative citation. This form shall require that the appealing party include a brief statement setting forth the interest that he or she has in the matter relating to the citation and a brief statement, in ordinary and concise language, of the material facts that he or she claims support any contention that no administrative fine should be imposed or that an administrative fine of a different amount is warranted.

C.

Failure to timely remit the advance deposit or obtain an advance deposit hardship waiver shall terminate the request for a hearing on the administrative citation, and the amount of the fine shall become immediately due and payable.

(Ord. No. 2008-02, § 2, 1-22-2008)

A.

Any person who intends to request a hearing to contest an administrative citation, and who claims to be financially unable to make the advance deposit of the fine as required in Section 1.13.110A. of this chapter may request an advance deposit hardship waiver in accordance with this section.

B.

A request that the city waive all or part of the advance deposit must be filed on an advance deposit hardship waiver application form. The request must be filed with the enforcement officer within thirty (30) calendar days of the date of the administrative citation. The request must include a sworn declaration together with any supporting documentation or materials describing the cited person's financial inability to deposit the full amount of the fine in advance of the hearing. The cited person bears the burden of demonstrating to the city his or her inability to deposit the full amount of the fine in advance of the hearing.

C.

The city may issue an advance deposit hardship waiver that waives the requirement of an advance deposit of the fine or requires a partial deposit of the fine, only if the person requesting the waiver has demonstrated an actual inability to deposit with the city the full amount of the fine in advance of the hearing.

D.

If the city denies the request for an advance deposit hardship waiver, it shall issue a written determination listing the reasons for the denial. Such determination shall be final, and shall be served by mail on the person requesting waiver.

E.

If the city denies the issuance of an advance deposit hardship waiver, the person requesting the waiver shall remit the advance deposit of the full fine amount to the city within ten (10) calendar days of the date of the denial or thirty (30) calendar days from the date of the administrative citation, whichever is later.

F.

If the city determines that the person requesting the waiver is required to deposit only a specified part of the amount of the fine, that person shall remit the required amount to the city within ten (10) calendar days of the date of the decision or thirty (30) calendar days from the date of the administrative citation, whichever is later.

(Ord. No. 2008-02, § 2, 1-22-2008)

A.

Hearings contesting the issuance of an administrative citation shall be conducted by the hearing officer.

B.

The administrative hearing officer has continuing jurisdiction over the subject matter of an administrative appeal hearing for the purposes of granting a continuance, ensuring compliance with an administrative citation, modifying an administrative order, or where extraordinary circumstances exist, granting a new hearing.

C.

No hearing to contest an administrative citation before the hearing officer shall be held unless the fine has been deposited in advance in accordance with Section 1.13.110A. or an advance deposit hardship waiver has been issued in accordance with Section 1.13.120C. of this chapter.

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 calendar days prior to the date of the hearing.

E.

The failure of the cited person to appear at the hearing to contest an administrative citation shall constitute a forfeiture of the fine and a failure to exhaust that person's administrative remedies.

(Ord. No. 2008-02, § 2, 1-22-2008)

A.

Upon appointment by the city manager, the hearing officer shall set the date for a hearing to contest an administrative citation. The date shall be set not less than fifteen (15) calendar days and not more than sixty (60) calendar days from either the date that the request for hearing is filed in accordance with provisions of this chapter or the date of issuance of the advance deposit hardship waiver, whichever is later.

B.

The city manager shall serve notice of the administrative citation hearing upon the cited person. Service shall be made pursuant to Section 1.13.210 of this chapter at least ten (10) calendar days prior to the date of the hearing. The notice of hearing shall contain the date, time and place at which the hearing will be conducted.

C.

The hearing shall be conducted in accordance with the following rules:

Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. Irrelevant, immaterial, and unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of this state. Fundamental due process shall be observed and shall govern the proceedings. The procedure and format of the administrative hearing shall follow the procedures promulgated by the city manager.

The alleged violator has the right to represent himself or herself, or to be represented by anyone of his or her choice.

Any party to the hearing shall be given the opportunity to testify, cross-examine witnesses, and present evidence as to the existence of the cited violation or as to whether or not the cited person is the responsible party.

The hearing officer may inquire of any witness testifying at the hearing. The alleged violator or his or her representative, if any, and the officer presenting the city's case before the hearing officer, shall be permitted to inquire of any witness testifying at the hearing. All parties to the hearing shall be permitted to present brief opening and closing statements.

Upon a showing of good cause by either party or on its own motion, the hearing officer shall have the authority to continue any hearing and to issue subpoenas for persons to appear and produce testimony

and/or for persons to produce documents if the board believes that the information is relevant, material and necessary for the board to make a determination on the matter. The hearing officer may seek judicial validation of any subpoena which has not been complied with and it shall thereafter be unlawful, subject to prosecution as a misdemeanor, for any person to refuse to obey such a subpoena.

The city bears the burden of proof at an administrative enforcement hearing to establish the existence of a violation of the municipal code.

The standard of proof to be used by the hearing officer in deciding the issues at an administrative hearing is by a preponderance of the evidence.

Continuances for good cause may be granted on the motion of any party or upon the hearing officer's own motion. The hearing officer may request additional information from any party prior to issuing a written decision.

All hearings shall be recorded to audiotape or any other electronic format that ensures an accurate record of the meeting. The proceedings at the hearing may also be reported by a certified shorthand reporter if such reporter is provided by the responsible party at his or her own expense.

All hearings and proceedings shall be open to the public.

D.

After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall prepare a written administrative enforcement order that meets the requirements of Section 1.13.170 of this chapter.

(Ord. No. 2008-02, § 2, 1-22-2008)

A.

At a hearing conducted under this chapter, the hearing officer shall hear and consider all relevant evidence, including, but not limited to, the testimony of the responsible party, city personnel, neighbors, witnesses, or other interested parties, and may consider staff reports or other written materials, on any of the following issues:

Whether the responsible party caused or maintained a violation of the municipal code as stated in the administrative citation.

Whether the person or persons named in the administrative citation are responsible parties.

Whether the amount of the fine imposed is consistent with the schedule of fines established by resolution of the city council.

B.

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.

(Ord. No. 2008-02, § 2, 1-22-2008)

A.

An administrative enforcement order shall address each contested violation in the administrative citation and contain findings of fact for each such violation. The findings shall be supported by evidence received at the hearing.

B.

The administrative enforcement order may:

Affirm, reject, or modify any fine imposed by the administrative citation;

Impose conditions and deadlines to correct the violations set forth in the administrative citation;

Assess reasonable citation costs incurred by the city.

C.

The administrative enforcement order shall be served on the parties to the hearing within fifteen (15) calendar days of the hearing in accordance with Section 1.13.210 of this chapter.

D.

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, less any reduction authorized by the order.

E.

If the hearing officer determines that the violations set forth in the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth in the order a payment schedule for payment of the fine.

F.

If the hearing officer determines that any violations set forth in the administrative citation should be dismissed and the fine for those violations was deposited with the city, then the city shall promptly refund the amount of the deposited fine.

G.

An administrative enforcement order constitutes the final decision of the hearing officer and the final decision of the city. Notwithstanding any other contrary provision in this municipal code, a final decision rendered in accordance with this section is not appealable to the city council.

(Ord. No. 2008-02, § 2, 1-22-2008)

Any person who fails to pay to the city any fine or any scheduled partial payment of such fine on or before the due date shall be liable for the payment of any applicable late payment charges set forth in the schedule of administrative citation fines established by resolution by the city council.

(Ord. No. 2008-02, § 2, 1-22-2008)

The city may use all available legal means to collect any past due administrative citation fines, late payment charges, and costs of collection.

(Ord. No. 2008-02, § 2, 1-22-2008)

A.

Any person aggrieved by an order of the administrative hearing officer pursuant to this chapter may obtain judicial review of the order by filing a petition for review with the Glenn County Superior Court within twenty (20) calendar days of service of the administrative enforcement order, in accordance with the time lines and provisions set forth in California Government Code Section 53069.4.

B.

Enforcement of an administrative enforcement order shall be stayed during the pendency of a properly and timely filed appeal to the Glenn County Superior Court.

(Ord. No. 2008-02, § 2, 1-22-2008)

A.

All written notices required under the provisions of this chapter shall be served in the following manner:

By personal delivery; or

By deposit in the United States Mail, in a sealed envelope postage prepaid, addressed to the person at his or her last-known business or residence address as it appears on the last equalized assessment roll, or to any other reliable address known by the enforcement officer. Service by mail shall be deemed completed on the date of mailing.

B.

Where personal service or service by mail upon a person cannot be made despite a diligent effort, a copy of the notice shall be conspicuously posted at the property where the violation has occurred.

C.

Notwithstanding any provision in this section, service by regular mail may be made to any person at any address authorized or requested by such person.

D.

The failure of any person to receive a notice required under this chapter, provided such notice was properly served, mailed or posted, shall not affect the validity of any proceedings taken under this chapter.

(Ord. No. 2008-02, § 2, 1-22-2008)