Chapter 6 — ADMINISTRATIVE CITATIONS

(a)

Use of this chapter shall be at the sole discretion of the City and is one remedy that the City has to address violations of the Pacifica Municipal Code. By adopting this chapter, the City does not intend to limit its discretion or ability to utilize any criminal, civil or other remedies, or any combination thereof, to address any violations of the City's laws.

(b)

This chapter makes any violation of the provisions of the Pacifica Municipal Code subject to administrative civil fines.

(c)

This chapter establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines pursuant to Government Code, Section 53069.4.

(d)

An administrative fine shall be imposed by means of an administrative citation issued by an officer, and shall be paid directly to the City of Pacifica. Payment of a fine shall not excuse a failure to correct a violation, nor shall it bar concurrent or further enforcement actions by the City.

(e)

The City Manager, or a designee thereof, may dismiss a citation at any time if a determination is made that it was issued in error, in which event any deposit of a fine shall be refunded. Notice of such action shall be given to the citee in writing.

(f)

The City Manager, or a designee thereof, is authorized to promulgate procedural rules and regulations governing the provisions in this chapter.

(§ 2 (part), Ord. 751-C.S., eff. July 26, 2007)

As used in this chapter, the following words are defined as follows:

(a)

"Citation" means an administrative citation that is issued to a responsible person pursuant to this chapter.

(b)

"Citee" means a responsible person to whom a citation is issued.

(c)

"City" means the City of Pacifica, California.

(d)

"Civil fine" is the monetary sanction established by resolution of the City Council that is imposed by a citation.

(e)

"Code" shall include: (i) the entire Pacifica Municipal Code and all San Mateo County codes or ordinances incorporated therein by adoption or reference; (ii) all uniform, technical or other codes or ordinances incorporated therein by adoption or reference, (iii) any uncodified ordinance adopted by the Pacifica City Council, and, (iv) all other state laws applicable to the City of Pacifica.

(f)

"City Manager" shall mean the chief administrative official of the City as appointed by the City Council.

(g)

"Enforcement Officer" (also referred to as "officer") shall mean any City employee with obligations to enforce the Pacifica Municipal Code. The City Manager may designate additional persons to act as officers for purposes of implementing the provisions of this chapter.

(h)

"Hearing Officer" shall include a private entity, organization, association or person, or a public official, or duly constituted reviewing authority or commission that the City Manager designates or appoints to consider all timely requests for an administrative hearing upon issuance of a citation.

(i)

"Owner" means and includes any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, or responsibility for, any real property in the City, including all persons identified as owners on the last equalized assessment roll of the County Assessor's Office. An owner of personal property or animals shall be any person who has legal title, charge, control or possession of, or responsibility for, personal property. An owner may include an agent, manager or representative thereof.

(j)

"Person" means and includes any individual, partnership of any kind, a corporation of any kind, limited liability company, association, joint venture or other organization or entity, however formed, as well as fiduciaries, trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the City.

(k)

"Property" or "premises" means any real property, or improvements thereon, or portions thereof, as the case may be. "Property" includes any parkway or unimproved public easement abutting such real property. "Property" shall also include all forms of personal property or animals, where applicable.

(l)

"Responsible person" means any person, whether as an owner, or otherwise, that allows, causes, creates, maintains, or permits a violation of the Code to exist or continue, by any act or the omission of any act or duty.

(m)

"Violation" means an act or omission of any act, or use or condition that constitutes an offense of the Code, as well as a breach or violation of any condition of a permit, approval or license issued pursuant to the Code. A "transient" violation is one that is brief or spontaneous in its commission, or that is not typically

confined to a fixed location. A "non-transient" violation is continuing in nature and generally present at one location.

(§ 2 (part), Ord. 751-C.S., eff. July 26, 2007)

This chapter provides for imposition of a civil fine pursuant to a citation for any violation of the Code, as well as for a breach or violation of any condition of a permit, approval or license issued pursuant to the Code. This remedy may be utilized in place of, or in addition to, any other remedy allowed by the Code or state law. The City Manager, or designees thereof, shall have sole discretion to utilize any remedy or remedies as authorized by law.

(§ 2 (part), Ord. 751-C.S., eff. July 26, 2007)

(a)

Whenever an officer determines that a violation of the Code has occurred, the officer may issue a citation on a City-approved form imposing a civil fine or fines to the responsible person(s) in accordance with the provision of this chapter.

(b)

Warning requirement for certain violations. When the violation pertains to building, plumbing, electrical or other similar structural or zoning issues that creates an immediate danger to health or safety, a citation may be issued forthwith. In the absence of an immediate danger, a citation for such a violation shall not be issued pursuant to this chapter unless the responsible person has first been provided with a reasonable period, as determined by the officer, in which to complete the abatement or compliance actions.

(c)

Citations for acts committed outside officer's presence. An officer may issue a citation for a violation not committed in the officer's presence if the officer has determined, through investigation, that the citee did commit, or is otherwise responsible for, the violation.

(d)

Continuing nature of violations. Each day that a prohibited condition, use or activity under the code is committed, continued or permitted, shall be a separate violation for which a citation may be issued. A citation may charge several violations of the Code.

(e)

Each citation shall contain the following information:

(1)

Name. Name and mailing address of the responsible person.

(2)

Address. The address or description of the location of the violation.

(3)

Date/time. The date and approximate time of commission of the violation(s), or detection thereof by an officer.

(4)

Code(s). The Code ordinance section(s) violated.

(5)

Description. A description of the violation(s).

(6)

Fine amount. Amount of the fine for each violation, the procedure and place to pay the fine(s), and any late and interest charge(s), if not timely paid.

(7)

Corrective action. When appropriate, the action(s) required to correct the violation(s), and, if applicable, any deadlines or time limitations for commencing and completing such action(s).

(8)

Appeals. A description of the administrative citation review process and the manner by which a hearing on a citation may be obtained (including the form to be used, where it may be procured from, and the period in which a request must be made in order to be timely).

(9)

Deposits and hardship waivers. A description of the deposit requirements as set forth in Section 1-6.07(C), as well as notice of the right of all citee's to apply for a hardship waiver of the deposit requirement pursuant to Section 1-6.07(D).

(10)

The name and signature of the officer, and the signature of the citee, if he or she is physically present and will sign the citation at the time of its issuance. The refusal of a citee to sign a citation shall not affect its validity or any related subsequent proceeding, nor shall signing a citation constitute an admission that a person has committed a violation of the Code.

(11)

Any other information deemed necessary by the City Manager pursuant to Section 1-6.01(F).

(f)

Citations for sidewalk vending. Administrative citations related to sidewalk vending activities shall be issued in accordance with Section 4-18.11 of Title 4, Chapter 18.

(§ 2 (part), Ord. 751-C.S., eff. July 26, 2007; § 6, Ord. 840-C.S., eff. May 7, 2019)

(a)

A citation may be served either by personal delivery to the citee or by certified mail [returned receipt requested] through the United States Postal Service. The date of personal service shall constitute the issuance date of a citation.

(b)

If served by certified mail, the citation shall be sealed in an envelope with postage prepaid and addressed to the citee at his or her last-known business or residence address as same appears in public records of the City. The date a citation is deposited with the United States Postal Service shall: (i) constitute its issuance date, and (ii) the date that service by certified mail shall be deemed to have been completed. If this is the method of service, a courtesy copy of the citation shall also be sent to the responsible person in a sealed envelope by first class mail to the same location.

(c)

If an agent, manager or representative of a responsible person is personally served with a citation, a copy thereof shall also served by certified mail to the responsible person at his or her last-known business or residence address as same appears in public records of the City. In such instances, the date a copy of the citation is deposited with the U.S. Postal Service shall constitute the issuance date of a citation.

(d)

If service cannot be accomplished personally or by mail for citations involving a real property-related violation of the Code, the officer shall post the citation on such real property in the City in which the citee is known to have a legal interest in, or possession, or dominion or control of, such property, or a portion thereof. The date of posting shall constitute the issuance date of a citation.

(e)

Any notice or order given pursuant to any provision of this chapter shall be served in the manner provided for in this section, unless otherwise stated.

(f)

Failure of a citee to receive a citation or notice shall not invalidate any fine, late charge, action or proceeding that is imposed or brought pursuant to this chapter, if service was given in a manner stated in this section.

(§ 2 (part), Ord. 751-C.S., eff. July 26, 2007)

(a)

Civil fine amounts. The amounts of the civil fines imposed pursuant to this chapter shall be set forth in a schedule of fines established by resolution of the City Council. The City Council may, by resolution, also impose escalating fines in amounts it deems appropriate for repeat offenses in a twelve-month period. The amounts of fines may be modified from time to time by a resolution of the City Council, provided they do not exceed the limits set forth in this chapter or those allowed by state law.

(b)

Civil fine limits. If a violation is classified as an infraction under the Code, the civil fine shall not exceed One Hundred and no/100ths ($100.00) Dollars for a first offense, Two Hundred and no/100ths ($200.00) Dollars for a second offense within one year, and Five Hundred and no/100ths ($500.00) Dollars for a third offense within one year as set forth in subdivision (b) of Section 25132 and subdivision (b) of Section 36900 of the California Government Code. If a violation is classified as a misdemeanor under the Code, the civil fine shall not exceed One Thousand and no/100ths ($1,000.00) Dollars. The amounts of such fines may be modified from time to time by a resolution of the City Council as set forth in subsection (a), provided they do not exceed the limits set forth in this section or those allowed by state law.

(c)

Civil fines—Late fees. Failure to pay a civil fine within the period required from the issuance date of a citation shall result in a late charge as established by a resolution of the City Council. In the absence of a fee schedule resolution of the Council, however, late fees of fifty (50%) percent shall be charged on fines that are not fully paid to the City within ten (10) calendar days of their issuance when they are not contested, or within ten (10) calendar days of their nonpayment following the decision of a Hearing Officer or a Judicial Officer to uphold or confirm the fine. The amount of a late charge may be modified from time to time by a resolution of the City Council.

(d)

Interest. The City Council may, by resolution, also establish and impose a daily interest charge on fines that are not fully paid to the City within ten (10) calendar days of their issuance when they are not contested, or within ten (10) calendar days of their nonpayment following the decision of a Hearing Officer or a Judicial Officer to uphold or confirm the fine. Interest shall not be imposed on a late charge, and shall not exceed the maximum allowable rate allowed by law. The rate of interest and the commencement of its accrual may be modified from time to time by a resolution of the City Council.

(e)

Payment location. Civil fines and any late charges and interest due shall be paid to the City at such location or address as stated in the citation, or as may otherwise be designated by the City Manager.

(f)

Due date. The due date for the City's receipt of a civil fine payment (or complete deposit in the event a hearing is requested) shall be ten (10) calendar days from the issuance date of a citation. Thereafter, a late charge shall be due and owing, as well as interest, as imposed by this chapter.

(g)

Effect of payment. Payment of a civil fine shall not excuse or discharge a citee from the duty to immediately abate a violation of the Code, nor from any other responsibility or legal consequences for a continuation or repeated occurrence(s) of a violation of the Code.

(h)

Effect of abatement. Abatement of a violation shall not excuse the obligation of a citee to pay a civil fine, or any late charge or interest.

(i)

Debt to City. Unpaid civil fines and/or late charges, as well as interest thereon, shall be a personal obligation and debt of the citee which may be collected by the City in any manner allowed by law.

(j)

Recordation of lien. For any confirmed, final or uncontested civil fine, late charge or other fee imposed and unpaid pursuant to the procedures set forth in this chapter, the City may, in its sole discretion, record a lien with the San Mateo County Recorder's Office against the real property of the citee upon which the offense occurred.

(1)

A lien may be recorded no sooner than thirty (30) days after expiration of the last day to pay any confirmed, final or uncontested civil fine, late charge or other fee imposed and unpaid pursuant to the procedures set forth in this chapter, provided that: (i) at least ten (10) days written notice of the potential for such action is served upon the responsible person, as well as on all persons having an ownership interest in the subject real property as shown in the last equalized assessment roll of the San Mateo County Assessor's Office. Service thereof shall be by first class mail. Failure of any person to receive such notices shall not invalidate any action or proceeding pursuant to this chapter.

(2)

The City shall record a notice of satisfaction of the lien with the San Mateo County Recorder's office within thirty (30) calendar days of receipt of payment in full.

(k)

Attorney fees. The City shall be entitled to recover its attorney fees and all related collection costs arising from any action to collect or foreclose any confirmed, final or uncontested civil fine, late charge or other fee imposed and unpaid pursuant to the procedures set forth in this chapter.

(§ 2 (part), Ord. 751-C.S., eff. July 26, 2007)

(a)

Contesting the citation. Any citee may contest the violation(s), or that he or she is a Responsible Person, by filing a request for an administrative hearing on a City-approved form with the office of the City Clerk— Pacifica City Hall, 170 Santa Maria Avenue, Pacifica, CA 94044 within ten (10) calendar days from the issuance date of a citation. If the office of the City Clerk does not receive the request in the required period, the citee shall have waived the right to a hearing and the citation shall be deemed final.

(b)

No fee required. No fee shall be charged for the filing of a request for a hearing.

(c)

Deposit required. Requests for a hearing shall be accompanied by the entire amount of the fine stated in the citation. Failure to deposit a fine, or the tender of a non-negotiable check in the required period, shall render a request for an administrative hearing incomplete and untimely. Fines that are deposited with the City shall not accrue interest. Fines deposited shall be returned to the person tendering the fines in the event a citation is overturned.

(d)

Hardship waiver. A citee who is financially unable to deposit the civil fine with his or her request for a hearing may complete a City-approved application form for an advance deposit hardship waiver (hereafter the "hardship waiver"). This form and all required accompanying records shall be tendered, along with a request for a hearing, to the office of the City Clerk—Pacifica City Hall, 170 Santa Maria Avenue, Pacifica, CA 94044 within ten (10) calendar days from the issuance date of a citation.

(e)

Hardship waiver—Form. To be considered for a hardship waiver, the application form must be complete, signed, and must be accompanied by documents that enable the City to reasonably determine the citee's present inability to deposit the fine. Documents suitable for consideration, may include, without limitation, accurate, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year; financial statements, loan applications, bank account records, income and expense records for twelve months preceding submittal of the waiver form, as well as other documentation demonstrating the citee's financial hardship. The City may, at a time chosen in its sole discretion and after a citation is final or confirmed, destroy or discard the documents submitted by a citee for a Hardship Waiver without prior notice to the citee.

(f)

Hardship waiver—Incomplete or untimely application. Failure to submit a timely, completed and signed Hardship Waiver form, along with records that support a claim of financial hardship, shall render the request for hearing incomplete and untimely. In this event, the citee shall have waived the right to a hearing and the citation shall be deemed final.

(g)

Hardship waiver—Decision. The City shall issue a written decision specifying the reasons for issuing or not issuing the hardship waiver. This decision is final. The decision shall be served upon the person requesting the hardship waiver by first class mail.

(1)

Approval of a hardship waiver shall result in the City setting a hearing pursuant to subsection (i) of this section.

(2)

If the City determines that the citee is not entitled to a hardship waiver, he or she shall tender the full amount of the civil fine to the office of the City Clerk within ten (10) calendar days of the date the decision is deposited with the U.S. Postal Service. In the event the City Clerk does not receive the full amount of the fine in the required period: (i) a late charge shall be imposed; (ii) the request for a hearing is rendered incomplete and untimely, and, (iii) the citee shall have waived the right to a hearing and the citation shall be deemed final.

(h)

A request for a hearing shall contain the following:

(1)

The citation number.

(2)

The name, address, telephone and any facsimile numbers, of each person contesting the citation.

(3)

A statement of the reason(s) why a citation is being contested.

(4)

The date and signature of the citee(s).

(i)

The person filing the request for a hearing shall be notified in writing by first class mail of the date, time and place set for this proceeding which shall be conducted within sixty (60) days of the date a timely and complete request is received by the office of the City Clerk. Such notice shall be given at least ten (10) calendar days prior to the date of the hearing. Service of this notice is deemed complete at time of mailing. The failure of a citee to receive a properly addressed notice shall not invalidate the citation or any hearing, City action or proceeding conducted pursuant to this chapter.

(j)

If the officer submits an additional written report concerning the citation to the office of the City Clerk for consideration at the hearing, then a copy of this report shall also be served by first class mail on the person requesting an administrative hearing no less than three (3) calendar days prior to the date thereof. Failure to receive such report shall not invalidate the citation or any hearing, City action or proceeding conducted pursuant to this chapter.

(k)

A timely request for a hearing shall not excuse a citee from the duty to immediately abate a violation of the Code, nor from any other responsibility or legal consequences for a continuation or repeated occurrence(s) of a violation of the Code.

(§ 2 (part), Ord. 751-C.S., eff. July 26, 2007)

(a)

The City Manager shall designate or appoint a Hearing Officer who shall be selected in a manner that avoids the potential for pecuniary or other bias and in no event shall the citing officer, nor any other officer or employee in his/her department, be the Hearing Officer.

(b)

Administrative hearings are informal and formal rules of evidence and discovery do not apply. The City bears the burden of proof to establish a violation and responsibility therefore by a preponderance of evidence. The citation is prima-facie evidence of the violation, however, and the officer who issued the citation is not required to attend or participate at the hearing. The citee(s), and officer, if present, shall have an opportunity to present evidence and witnesses and to cross-examine witnesses. A citee may bring an interpreter to the hearing provided there is no expense to the City therefor. The Hearing Officer may question any person who presents evidence or who testifies at any hearing.

(c)

A citee may appear at the hearing in person or by written declaration executed under penalty of perjury. Such declaration and any documents in support thereof shall be tendered to and received by the office of the City Clerk at least three (3) City business days prior to the hearing. If the citee fails to attend the scheduled hearing, or does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a hearing. In such an instance, the Hearing Officer shall cancel the hearing and not render a decision. In such instances, the citation shall be deemed final.

(d)

Hearings may be continued once at the request of a citee or the officer who issued the citation. The hearing officer may also continue the hearing for cause.

(§ 2 (part), Ord. 751-C.S., eff. July 26, 2007)

(a)

Written decision. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold or overturn the citation and shall state the reasons therefor. Each decision shall contain a statement advising the citee(s) of the twenty (20) day appeal right set forth in Government Code Section 53069.4(b), and the procedures and court-filing fee for its exercise. If the citation is upheld and the violation has not been fully corrected as of the date of the hearing, the Hearing Officer shall order correction thereof in the decision and state deadline(s) to complete such action(s). The decision of the Hearing Officer shall be final.

(b)

Ten (10) day period for decision. The citee(s) shall be served by first class mail, postmarked no later than ten (10) calendar days from the date of the conclusion of the hearing, with a copy of the Hearing Officer's written decision. The date the decision is deposited with the U.S. Postal Service shall constitute the date of its service. The failure of a citee to receive a properly addressed decision shall not invalidate or any hearing, City action or proceeding conducted pursuant to this chapter.

(c)

Decisions of the Hearing Officer are, in accordance with Government Code Section 53069.4(b), appealable to the superior court within twenty (20) days after the date of their service. Each decision shall contain a statement advising the citee(s) of this appeal right and the procedures and court-filing fee for its exercise. A citee shall serve a copy of the court filed notice of appeal on the office of the City Clerk—Pacifica City Hall, 170 Santa Maria Avenue, Pacifica, CA 94044 by personal service or first class mail within five (5) calendar days of filing the original thereof.

(d)

If a Hearing Officer's decision is not appealed in a timely manner, the decision shall be deemed confirmed.

(e)

The superior court is the sole reviewing authority and an appeal from a Hearing Officer's decision is not appealable to the City Council. If a responsible person prevails on appeal, the City shall reimburse his or her filing fee, as well as the fine deposit in accordance with the court judgment. These monies shall be mailed to the responsible person within thirty (30) calendar days of the City's receipt of a notice of judgment or ruling from the superior court clerk.

(§ 2 (part), Ord. 751-C.S., eff. July 26, 2007)

Failure of a citee to comply with a corrective action stated in any uncontested citation, or with regard to a correction order in any Hearing Officer decision that is deemed confirmed and not appealed to the superior court, shall constitute a new and separate misdemeanor offense.

(§ 2 (part), Ord. 751-C.S., eff. July 26, 2007)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this chapter. The City Council declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions be declared invalid or unconstitutional.

(§ 2 (part), Ord. 751-C.S., eff. July 26, 2007)