Point Arena Municipal Code Ch. 1.08 Administrative Citations and Penalties

The city council of Point Arena finds and declares all of the following:

(1) There is a need to establish various mechanisms for the remediation of violations of city ordinances.

(2) Traditional methods of code enforcement through civil litigation and criminal prosecution can be timeconsuming and ineffective.

(3) Enforcing the Point Arena Municipal Code through administrative citations enhances the city's ability to recover its costs and maintain the integrity of the code enforcement system. It also improves the city's ability to impose and collect penalties from violators, which helps to deter future violations.

(4) Pursuant to Section 53069.4 of the California Government Code, the city council elects to create a system of administrative citations and hearings to ensure prompt and responsive compliance with the Point Arena Municipal Code and state law.

(Ord. 230 § 1, 2017.)

This chapter shall be referred to as the "Point Arena Administrative Citation Ordinance."

(Ord. 230 § 1, 2017.)

"Council"

means the city council of the city of Point Arena.

"Citation" or "administrative citation"

means a civil citation issued pursuant to this chapter stating that there has been a violation of one or more provisions of the code and setting the amount of the administrative penalty to be paid by the responsible party.

"Code"

means the Point Arena Municipal Code.

"City "

means the city of Point Arena.

"Days"

means calendar days.

"Enforcement officer"

means any officer or employee authorized by ordinance or by resolution of the city council, or such officer's or employee's designee.

"Responsible party"

means an individual or legal entity, or the agent or legal guardian of such individual or entity, whose action or failure to act caused or contributed to a violation of the code.

(Ord. 230 § 1, 2017.)

(1) This chapter may be used by any officer, agent or employee of the city of Point Arena who is authorized to enforce the Point Arena Municipal Code. However, prior to any issuance of a citation, the enforcement officer shall first coordinate with the city attorney to secure the availability of a hearing officer.

(2) Use of this chapter for the enforcement of code provisions shall be at the sole discretion of the city, its officers, agents and employees.

(3) This chapter may be utilized to the extent that the provisions herein do not conflict with due process or any other law.

(4) This chapter shall not apply to the extent that other provisions of the code, or other applicable state or federal law provide an exclusive remedy.

(Ord. 230 § 1, 2017.)

This chapter provides for enforcement proceedings that are supplemental to all other enforcement proceedings provided elsewhere in the code, or by state or federal law, whether administrative, civil or criminal in nature. As such, the provisions of this chapter may be utilized alone or in conjunction with other provisions of the code to enforce all the provisions of the code. This chapter shall not apply to the extent that other provisions of the code state an exclusive remedy within a particular title or chapter. Election to employ one or more proceedings provided in this chapter shall be at the sole discretion of the city, and shall be without prejudice to the city choosing to also proceed simultaneously or subsequently by pursuing different enforcement proceedings with respect to the same violation.

(Ord. 230 § 1, 2017.)

(1) Any responsible party violating any provision of the code may be issued an administrative citation by an enforcement officer in accordance with the provisions of this chapter.

(2) Each and every day a violation of the provisions of the code exists constitutes a separate and distinct offense and shall be subject to citation.

(3) The enforcement officer may issue a citation for a violation not committed in the official's presence, if the city has determined through investigation that the responsible party did commit or is otherwise responsible for the violation.

(4) A civil fine shall be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the city.

(5) Unless otherwise provided for in this chapter or elsewhere in the code, the amount of the fine for each violation shall be:

(a) A fine not exceeding $100.00 for a first violation;

(b) A fine not exceeding $200.00 for a second violation of the same code provision within one year from the date of the first violation;

(c) A fine not exceeding $500.00 for each additional violation of the same code provision within one year from the date of the second violation.

(6) In the case of a violation of any local building or zoning code creating an immediate danger to health and safety, the amount of the fine for each violation shall be:

(a) A fine not exceeding $100.00 for a first violation;

(b) A fine not exceeding $500.00 for a second violation of the same code provision within one year from the date of the first violation;

(c) A fine not exceeding $1,000.00 for each additional violation of the same code provision within one year from the date of the second violation.

(7) If a responsible party fails to correct any violation after the administrative citation is served, the administrative penalty shall become effective and due immediately.

(8) The administrative penalty, or any portion thereof, for a violation which has become effective may be waived by the enforcement officer if, in his or her sole discretion, the responsible party corrects the violation in accordance with conditions established by the enforcement officer.

(Ord. 230 § 1, 2017.)

(1) Pursuant to Government Code Section 53069.4(a)(2), when a code violation involves a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues, which also does not create an immediate danger to health or safety, the enforcement officer shall first provide the responsible party with a notice of violation and a reasonable amount of time to correct or otherwise remedy the violation, which shall not be less than 30 days. At minimum, the notice of a violation must provide sufficient notice to the responsible party of the violation and the time permitted to correct the violation. If the notice of violation takes the form of and is served in the same manner as an administrative citation, the proposed administrative penalty identified in such a form shall not become effective until the expiration of the time provided to correct the violation.

(2) Unless otherwise specified, the enforcement officer may issue an administrative citation without providing notice and time to cure. However, the enforcement officer, in his or her sole discretion, has the option to give notice and time to cure, and may choose to delay the effect of the administrative penalty until after such time.

(3) The administrative citation shall be issued on a form containing:

(a) The name and address of the responsible party and, if applicable;

(b) The date, approximate time, and address or definite description of the location where the violation was observed;

(c) The code sections or provisions violated and a description of the violation;

(d) Where applicable, the date the notice of violation was served on the responsible party and the time specified thereon to correct the violation;

(e) When applicable, a statement that the violation has not been corrected within the period of time designated in a notice of violation within which a responsible party may correct or abate the violation;

(f) The amount of the fine imposed by, or proposed to be imposed by the citation;

(g) A statement explaining how, where, to whom, and within what number of days the penalty shall be paid;

(h) In the case of a continuing violation not subject to an immediate administrative penalty, or in any other case when the enforcement officer opts to delay the effect of the penalty until after a time to cure, the number of days provided to correct the violation, and if not corrected by that time then the proposed administrative citation and penalty shall become effective immediately with the understanding that any subsequent administrative citation would be considered a repeat violation subject to a higher penalty;

(i) Identification of appeal rights, including the time within which the administrative Citation may be contested and how to contest the citation; and

(j) The signature of the enforcement officer issuing the citation along with the date of issuance of the citation.

(4) The administrative citation, and any required notice of violation in the form of an administrative citation or in any other form, shall be served upon the responsible party pursuant to Section 8.05.070.

(5) Upon receipt of a citation, the responsible party shall pay the amount of the fine to the city within 30 days of the date of service of the citation, or as otherwise indicated in the citation. Alternatively, the responsible party may file a written request for appeal of the citation pursuant to the provisions in this chapter.

(6) Payment of the fine shall not excuse or discharge the failure to correct the violation nor shall it bar further enforcement action by the city. If the responsible party fails to correct the violation, subsequent administrative citations may be issued for maintaining, continuing or repeating the same violation. The amount of the fine for subsequent violations shall increase at a rate specified in this chapter.

(Ord. 230 § 1, 2017.)

(1) Within 10 days from the date of a properly served citation, any recipient of the citation may contest that he or she was responsible for causing or contributing to the cited code violation.

(2) To appeal the citation, the recipient must give notice to the city within 10 days from the date of service of the citation by either completing and returning a notice of appeal of citation form, or by providing a document, in writing, bearing the title, "Appeal of Administrative Citation," containing:

(a) The name, address and phone number of the appellant;

(b) Sufficient information to identify the citation; and

(c) The grounds on which the citation is being contested.

(3) The notice of appeal shall be accompanied by either an advance deposit in the amount of the total administrative penalty or a completed hardship waiver application as described in Section 1.08.090.

(4) If the city has established a hearing fee, either the hearing fee or a completed application for a hardship waiver as described in Section 1.08.090 shall also be provided.

(5) Any notice of appeal filed without providing the advance deposit, and payment of the hearing fee if applicable, or submittal of the hardship waiver application, as described in Section 1.08.090, shall be deemed incomplete.

(6) After receiving a timely and properly filed appeal, along with the hearing fee, if applicable, the city shall then cause the matter to be set for hearing by notifying the hearing officer directly or by requesting the city attorney to coordinate with the hearing officer.

(7) A hearing before a hearing officer shall be set for a date that is not less than 10 days and not more than 30 days from the date that the notice of appeal is filed.

(8) In accordance with the noticing provisions set forth herein, either the hearing officer, or the city attorney in cooperation with the hearing officer, shall notify the parties in writing, at least 10 days prior to the hearing date, of the date and location of the hearing. It shall be sufficient to provide notice to the appellant by using the address listed in the request for appeal.

(Ord. 230 § 1, 2017.)

(1) Any responsible party who intends to request a hearing to contest an administrative citation and who is financially unable to provide the advance deposit, or pay the hearing fee if applicable, as provided in Section 1.08.080, may file a request for a hardship waiver along with the notice of appeal.

(2) The requirement of depositing the full amount of the administrative penalty, or hearing fee if applicable, as described in Section 1.08.080 shall be stayed unless and until a city council hardship waiver committee, comprised of one or two councilmembers, who will serve on a rotating basis and the enforcement officer makes a determination not to issue the hardship waiver.

(3) The hardship waiver committee may waive the requirement of and advance deposit, or hearing fee if applicable, if the responsible party receiving the administrative citation submits a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the hardship waiver committee proof of the responsible party's actual financial inability to deposit with the city the full amount of the administrative penalty, or hearing fee if applicable.

(4) Financial inability can be established by showing that the applicant has qualified, or would be qualified, for participation in a public or private assistance program available only to persons having low or very low income, such as the programs identified in California Government Code Section 68632(a), or by showing that the applicant's monthly income is 125 percent or less of the current poverty guidelines, as explained in California Government Code Section 68632(b).

(5) If the city council determines not to issue a hardship waiver, the following shall apply:

(a) The hardship waiver committee shall issue a written determination listing the reasons for the determination not to issue the hardship waiver;

(b) The written determination shall be mailed by first class mail, postage prepaid, with certificate of mailing requested, to the responsible party at the address identified on the responsible party's notice of appeal pursuant to Section 1.08.080, or at the responsible party's last known address;

(c) The responsible party shall remit the advance deposit, or hearing fee if applicable, to the city within 10 days of the date of mailing of the written determination; and

(d) Failure by the responsible party to timely remit the advance deposit, or hearing fee if applicable, to the city after mailing of the determination not to issue a hardship waiver shall be deemed a withdrawal of the request for appeal contesting the administrative citation pursuant to Section 1.08.080, and the provisions of the citation shall be effective immediately, including any associated administrative penalty, which shall be due immediately.

(Ord. 230 § 1, 2017.)

The city council shall authorize the appointment and use of a hearing officer as described in Section 8.05.080(1). The enforcement officer shall coordinate with the city attorney, prior to any issuance of citations, to ensure that a hearing officer is appointed for the purpose of presiding at the administrative hearings provided for by this chapter.

(Ord. 230 § 1, 2017.)

(1) At the prescribed time and place, the hearing officer shall consider relevant evidence from all parties as to whether the violation of the code specified in the citation occurred and whether the appellant caused or contributed to the violation of the code on the date specified in the citation.

(2) The administrative citation and any additional documents submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

(3) Parties may choose to be represented by an attorney. However, formal rules of evidence or procedure in any proceeding subject to this chapter shall not apply. Nonetheless, any failure to make a timely objection to offered evidence constitutes a waiver of the objection. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The hearing officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will cause undue consumption of time. Personal information about any reporting party related to the violation(s) shall not be disclosed.

(4) The failure of any appellant of an administrative citation to appear at the scheduled hearing shall constitute a failure to exhaust administrative remedies.

(5) The hearing officer may continue the hearing and request additional information from the parties prior to issuing a written decision.

(Ord. 230 § 1, 2017.)

(1) At the conclusion of the hearing and based on the evidence before it, the hearing officer shall determine whether to uphold or deny the administrative citation, and shall state the reasons for that decision in a written order. The hearing officer's decision shall be final.

(2) If the hearing officer determines that the administrative citation should be upheld, then the fine amount identified in the citation, or as otherwise adjusted by the hearing officer, shall be immediately collectable by the city.

(3) If the hearing officer determines that the administrative citation should not be upheld, the hearing officer shall order the citation dismissed, and the city shall return the advance deposit, if such deposit was provided.

(4) A copy of the written decision and administrative order shall be served personally or by first class United States mail, postage prepaid, upon each appellant and all other parties to the hearing.

(Ord. 230 § 1, 2017.)

Any responsible party aggrieved by an administrative decision of the hearing officer may obtain further review by filing a petition for review with the Mendocino City Superior Court in accordance with the timelines and provisions as set forth in California Government Code Section 53069.4.

(Ord. 230 § 1, 2017.)

The enforcement officer or city may pursue any remedy authorized by law to collect the administrative penalties if such fines are not timely paid pursuant to the provisions of this chapter.

(Ord. 230 § 1, 2017.)

(1) The administrative citation and all notices to be given by this chapter shall be served on the responsible party in accordance with the provisions of this chapter.

(2) If the administrative citations and all required notices are properly given or served pursuant to the provisions of this chapter, the failure to receive the administrative citation or any other notice shall not affect the validity of proceedings conducted herein.

(Ord. 230 § 1, 2017.)

The provisions of this chapter are separate and severable. If any provision of this chapter is for any reason held by a court to be unconstitutional or invalid, the city council declares that it would have passed this chapter irrespective of the invalidity of the provision held to be unconstitutional or invalid. Such unconstitutionality or invalidity shall therefore not affect the remaining provisions of this chapter, or the validity of its application to other persons or circumstances.

(Ord. 230 § 1, 2017.)