Port Hueneme Municipal Code Ch. 6 Administrative Citations

This Chapter is adopted pursuant to the municipal affairs provision of the City charter for the purpose of making any violation of the Port Hueneme Municipal Code subject to an administrative fine and to set forth the procedures for the imposition and collection of such fines.

(Ord. 647 § 1, 2003)

This Chapter provides for administrative citations that are in addition to all other legal remedies, criminal or civil, which the City may pursue to address any violation of this Code. The use of this Chapter is at the sole discretion of the City officer or employee enforcing this Code.

(Ord. 647 § 1, 2003)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Chapter.

"Citee" means the person(s) to whom a code compliance officer issued an administrative citation pursuant to this Chapter.

"City Clerk" means the City Clerk or his or her designee.

"Code Compliance Officer" means any City employee or agent with the authority to enforce any provision of this Code.

"Code" means the Port Hueneme Municipal Code.

"City" means the City of Port Hueneme.

(Ord. 647 § 1, 2003)

Unless otherwise provided, all notices and citations required by this Chapter shall be served on Citee via personal service or first-class mail, postage prepaid, to Citee's last known address. Service is effective when personally served or when deposited into the United States mail. The individual serving a Citee with notice shall complete a declaration of service. Failure to receive any notice does not affect the validity of the proceedings conducted under this Chapter.

(Ord. 647 § 1, 2003)

A. Issuing an administrative citation pursuant to this Chapter is in lieu of any criminal citation that could have been issued for the same violation. The issuance of the administrative citation does not, however, prevent the issuance of a criminal citation for a subsequent violation of the same nature.

B. Contents of administrative citation. Each administrative citation shall contain the following information:

1. The date of the violation;

2. The address or a definite description of the geographic location where the violation occurred or is occurring;

3. The section of this Code that was violated;

4. A description of the conditions causing the code violation;

5. The amount of the administrative fine for the code violation;

6. A description of the fine payment process, including a description of the time within which and the place where the fine shall be paid;

7. An order prohibiting the continued or repeated occurrence of the code violation described in the administrative citation;

8. Notification that payment of a fine under this Chapter does not excuse or discharge any continued or repeated occurrence of the code violation that is the subject of the administrative citation;

9. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the manner in which a request for review of the citation may be requested; and

10. The name of the citing Code Compliance Officer.

C. Service and filing of administrative citations. The Code Compliance Officer shall serve the original citation on the person cited in the manner set forth in this Chapter and forward a copy of the administrative citation to the City Clerk.

(Ord. 647 § 1, 2003)

The amounts of the administrative fines imposed for code violations under this Chapter are established by City Council resolution. That resolution shall also set forth any increased fines for repeat violations of the same code provision by the same person within twelve (12) months from the date of a previous administrative citation.

(Ord. 647 § 1, 2003)

An administrative fine shall be paid to the City within thirty (30) days from the date of the administrative citation or, if a request for an initial administrative review is submitted, within fifteen (15) days after the date of the notice of the conclusion of that initial administrative review, whichever is later.

(Ord. 647 § 1, 2003)

A. A late fee of twenty-five dollars ($25.00) will be added to any delinquent fine if not received on or before the due date.

B. In addition to penalties provided by this section, delinquent fines accrue interest at the rate of one percent (1%) per month, exclusive of penalties, from the due date.

(Ord. 647 § 1, 2003)

If a Code Compliance Officer issued a citation because a Citee lacks a required permit and the fine is delinquent, the City will not issue a permit until the delinquent fine, and any applicable penalty and interest, are paid.

(Ord. 647 § 1, 2003)

Before issuing an administrative citation for any violation of this Code, the Code Compliance Officer shall first issue a written compliance order to the person(s) responsible for the violation unless the violation constitutes an immediate threat to public health or safety. The compliance order shall contain all of the following:

A. The date on which, and geographic location where, the violation was observed;

B. The section of this Code violated;

C. A description of the conditions causing the code violation;

D. Actions required to correct the violation;

E. A reasonable time period for the correction of the violation;

F. Notice that if the violation is not corrected by the date specified in the compliance order, that an administrative citation may be issued and administrative fines imposed for failure to correct violations by the date specified.

(Ord. 647 § 1, 2003)

No further action is required if the Code Compliance Officer determines that all violations in the compliance order were cured. If the Code Compliance Officer determines that all violations were not corrected within the time specified, an administrative citation may be issued to each person named in the compliance order as a responsible person.

(Ord. 647 § 1, 2003)

Citees may request an initial administrative review of the citation within fourteen (14) days of its issuance. This request shall be made in writing to the City Clerk and set forth, with particularity, the reasons the Citee believes a violation did not occur or that the Citee was not responsible for the violation(s); shall include a copy of the citation; and contain the address to which the conclusions of the City's review should be mailed. A request for an initial administrative review is a mandatory prerequisite to a request for an administrative hearing.

(Ord. 647 § 1, 2003)

The City Clerk will forward initial administrative review requests to the appropriate Department Director ("Reviewing Officer.")

(Ord. 647 § 1, 2003)

A. Upon receiving these requests from the City Clerk, the Reviewing Officer will review the requests and provide the City Clerk with a written notification that:

1. The citation should be vacated because there was no violation, or the Citee was not responsible for the violation, and setting forth basis for that conclusion; or

2. The citation should not be vacated because no justification could be found.

B. The City Clerk's office will mail a copy of the notification to the Citee at the address on the request for initial administrative review along with notice establishing the fine due date and the procedure for requesting an administrative hearing.

C. The Reviewing Officer should complete his/her review within ten (10) business days of receiving the Citee's request.

(Ord. 647 § 1, 2003)

Any Citee dissatisfied with the conclusions of an initial administrative review may contest the citation by requesting an administrative hearing. A Citee shall request an administrative hearing within fifteen (15) days after the date the City served the Citee with notice of the administrative review decision. Requests shall be submitted to the City Clerk's office and shall be accompanied by an advance deposit of the fine or a request for a hardship waiver.

(Ord. 647 § 1, 2003)

A. Citees financially unable to make an advance deposit of the administrative fine may file for a hardship waiver. The request for a hardship waiver shall be filed with the City Clerk's office on a form containing information that may be required by the City Clerk. The City Clerk in consultation with the Financial Services Director will review the request and determine whether a waiver is justified. A waiver may only be approved if the request for waiver is accompanied by a sworn affidavit, together with any supporting documents or materials, demonstrating that the Citee's actual financial inability to deposit the full amount of the fine.

B. The City Clerk will inform the Citee in writing whether the waiver was approved. This determination shall be served upon the Citee by mail at the address provided in the waiver application. The City Clerk's determination is final.

C. Should the City Clerk determine that a waiver is unjustified, the Citee shall deposit the fine amount with the City not later than ten (10) days after the date of that decision. Failure to make a deposit within ten (10) days after hardship waiver denial will be deemed a waiver of the Citee's right to an administrative hearing and the administrative fine will be deemed delinquent.

(Ord. 647 § 1, 2003)

The City Manager designates the Hearing Officer for the administrative citation hearing.

(Ord. 647 § 1, 2003)

After receiving a timely hearing request and deposit, or waiver, of the fine amount, the City Clerk shall schedule a hearing on a date not less than fifteen (15) and not more than thirty (30) days from the date the hearing is requested. Written notice of the date, time, and location of the administrative hearing must be provided to the Citee at least fifteen (15) days before the hearing date.

(Ord. 647 § 1, 2003)

A. Evidentiary Rules. The administrative citation is prima facie evidence of the respective facts contained in the citation. Both the Citee and Code Compliance Officer have the opportunity to testify and present additional evidence concerning the administrative citation. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. Evidence sought to be introduced is not limited to any legal rules of evidence except for the rule that it be relevant and material to the issues of whether the violation alleged in the citation occurred and whether the Citee was responsible for the violation.

B. Waiver of Personal Appearance of Hearing. In lieu of personally appearing at an administrative hearing, the Citee may request that the Hearing Officer decide the matter based on the citation itself and any other documentary evidence submitted by the Citee or Code Compliance Officer before the hearing date.

C. Failure to Appear at Hearing. Failure of a Citee to appear at the hearing shall be deemed a waiver of the right to be personally present at the hearing. The Hearing Officer must then decide the matter based upon the citation itself, any documentary evidence previously submitted, and any additional evidence that may be presented at the hearing by the Code Compliance Officer.

D. Attendance of Code Compliance Officer. The Code Compliance Officer who issued the administrative citation may, but is not required to, attend the administrative hearing. If the Code Compliance Officer does not attend, the Code Compliance Officer may, before the hearing date, submit reports, photos, or other documentation regarding the violation to the Hearing Officer for consideration at the hearing.

E. Continuation of Hearings. The Hearing Officer may continue any hearing and request additional information from the Code Compliance Officer or Citee before issuing a written decision.

(Ord. 647 § 1, 2003)

A. The Hearing Officer shall issue a written decision to uphold or set aside the administrative citation and shall present the reasons for that decision.

B. The City Clerk must send a copy of the Hearing Officer's decision to the Citee with notice of the Citee's right to appeal the decision in Superior Court.

C. The Hearing Officer's decision is the City's final action on the matter. There is no right to an appeal other than as provided for in this Chapter. The Hearing Officer's decision is final as of the date of the decision.

(Ord. 647 § 1, 2003)

A. Should the Hearing Officer uphold the administrative citation, then the City can retain the deposited fine amount.

B. Should the Hearing Officer vacate the administrative citation, then the City shall promptly refund the amount of the deposited fine, if any.

C. Should the Hearing Officer uphold the administrative citation and a hardship waiver was previously granted, the due date for paying the administrative fine is thirty (30) days from the date of the notice of the Hearing Officer's decision.

D. The City may use all legal means to collect any past due fines, including penalties and interest, should a Citee fail to pay in a timely manner.

(Ord. 647 § 1, 2003)

A. A Citee may appeal the Hearing Officer's decision by filing an appeal with the Superior Court pursuant to California Government Code Section 53069.4, or any successor statute, within twenty (20) days from service of the Hearing Officer's decision.

B. Should the Citee file a timely appeal with the Superior Court, the requirement to pay the fine is suspended and the payment of the fine, if any, will be in accordance with the Superior Court decision.

(Ord. 647 § 1, 2003)

In addition to any other legal remedy, the City may place a lien on property owned by the Citee in an amount equal to the sum of the fines delinquent for more than ninety (90) days, plus penalties and interest. Imposition of a lien must stem from a citation for the condition or use of real property, or its improvements, that is owned by the Citee. For purposes of this article, "lien" means both a special assessment and a lien against real property.

(Ord. 647 § 1, 2003)

A. The City Manager, or designee, may initiate proceedings to record a lien conforming with this article if the decision is not appealed.

B. Before recording the lien, the City Manager, or designee, must submit a report to the City Clerk stating the amounts due and owing.

C. The City Clerk must fix a time, date, and place for the City Council to consider the report and any protests or objections to it.

D. The City Clerk must serve the Citee with a hearing notice not less than ten (10) days prior to the hearing date. The notice must set forth the amount of the delinquent administrative fine, and any other penalties and interest that is due. In addition, the notice must specify that the property may be sold after three (3) years by the tax collector for unpaid delinquent assessments. Notice must be delivered first-class mail, postage prepaid, addressed to each Citee as it appears on the last equalized assessment roll or supplemental roll of the County of Ventura, whichever is more current. Service by mail is effective on the date of mailing and failure of Citee to actually receive notice does not affect its validity.

E. At the conclusion of the hearing, the City Council will adopt a resolution confirming, discharging, or modifying the lien amount.

(Ord. 647 § 1, 2003)

Within thirty (30) days following the City Council's adoption of a resolution imposing a lien, the City Clerk will file same as a judgment lien and/or special assessment in the Ventura County Recorder's Office.

(Ord. 647 § 1, 2003)

The lien and/or special assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes are applicable to the special assessment.

(Ord. 647 § 1, 2003)

Each Citee against whose property an assessment is levied pursuant to this Chapter will also be assessed an administrative fee in an amount established by City Council resolution based on the costs incurred in levying the assessment. The administrative fee will be included in the lien amount approved by the City Council and recorded against the Citee's property.

(Ord. 647 § 1, 2003)

Once the City receives full payment for outstanding principal, penalties, and costs, the City Clerk will either record a notice of satisfaction or provide the Citee with a notice of satisfaction for recordation at the Ventura County Recorder's Office. This notice of satisfaction will cancel the City's lien.

(Ord. 647 § 1, 2003)