Porterville Municipal Code Art. XIV Administrative Citations

A. Alternative Method Of Enforcement: The city council hereby finds that there is a need for an alternative method of enforcement for minor violations of this code, or state codes specifically adopted by reference in the applicable chapters of this code. The city council further finds that an appropriate method of enforcement for minor violations is an administrative citation program as authorized by Government Code section 53069.4.

B. Procedures Additional To Other Remedies: The procedures established in this article shall be in addition to criminal, civil or any other legal remedy established by law, which may be pursued to address violations of this code and state codes specifically adopted by reference in the applicable chapters of this code.

C. City Goals: The city council hereby finds and determines that enforcement of this code, other ordinances adopted by the city, conditions on entitlements and terms and conditions of city agreements are matters of local concern and serve important public purposes. Consistent with its powers as a charter city, the city of Porterville adopts this administrative citation program provision in order to achieve the following goals, and:

1. To protect the public health, safety and welfare of the citizens of the city;

2. To gain compliance with this code and state codes specifically adopted by reference in the applicable chapters of this code in a timely and efficient manner;

3. To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of this code and state codes specifically adopted by reference in the applicable chapters of this code;

4. To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system;

5. To provide for an administrative process to appeal the imposition of administrative citations and fines.

D. Purpose: The purpose of this article is to enable the city, acting as a charter city pursuant to article XI, sections 5 and 7 of the state constitution, to impose and collect civil administrative fines in conjunction with the enforcement of provisions of this code or state codes specifically adopted by reference in the applicable chapters of this code. Notwithstanding the provisions herein, the city has, and shall continue to employ, the philosophy of voluntary compliance when seeking compliance with this code and state codes specifically adopted by reference in the applicable chapters of this code.

E. Voluntary Compliance: Prior to the implementation of the enforcement policies and penalties stated herein, voluntary compliance approaches, when practical, should first be used in order to educate city property owners and businesses concerning the requirements of this code, or state codes specifically adopted by reference in the applicable chapters of this code, and the corrective action necessary to correct a violation of this code and state codes specifically adopted by reference in the applicable chapters of this code.

F. Use Of Provisions Discretionary: Use of this article shall be at the sole discretion of the city. (Ord. 1720 § 3, 5-1-2007)

The following terms shall mean:

ENFORCEMENT OFFICER: Any officer or employee with the authority to enforce this code, and state codes specifically adopted by reference in the applicable chapters of this code.

HEARING OFFICER: Any person appointed by the city manager to preside over the administrative hearings provided for in this article.

RESPONSIBLE PERSON: Any individual or entity who is the registered owner or occupant of real property, owner or authorized agent of any business, company, or entity, or the parent or the legal guardian of any person under the age of eighteen (18) years, who causes or maintains a violation of this code or state codes specifically adopted by reference in the applicable chapters of this code. (Ord. 1720 § 3, 5-1-2007)

A. Issuance of Citation: Any person violating any provision of this Code, or state codes specifically adopted by reference in the applicable chapters of this Code, may be issued an administrative citation by an enforcement officer as provided in this Chapter. A violation of this Code includes, but is not limited to: all violations of this code, and applicable state codes, ordinances (whether codified or uncodified) or regulations adopted by the city council; or the failure to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this Code.

B. Each and every day a violation exists may constitute a separate and distinct offense.

C. Civil/Administrative Fine: A civil fine in an amount prescribed by Section 2-144, as otherwise specifically set forth in this Code, or an otherwise permitted by applicable state law, may be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the City. (Ord. 1720 § 3, 5-1-2007; Ord. 1883, 5-4-2021)

A. Unless otherwise set forth in this code, or unless greater amounts are authorized in accord with applicable state laws, fines shall be assessed in the amounts specified as follows:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within twelve (12) months, or five hundred dollars ($500.00) for building and safety code violations or violations determined by the City to affect the safety of the public.

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within twelve (12) months, or one thousand dollars ($1,000.00) for building and safety code violations or violations determined by the City to affect the safety of the public.

B. Administrative Costs. An enforcement officer and the hearing officer are authorized to assess any reasonable administrative or legal costs arising out of or related to administrative citations issued pursuant to this Article. Administrative or legal costs may include scheduling and processing of the administrative hearing and all subsequent actions related to the administrative hearing or judicial actions. Administrative costs may include assessments recorded on the tax rolls collected by the Tulare County tax collector and the costs of such recording. (Ord. 1720 § 3, 5-1-2007; Ord. 1883, 5-4-2021)

An administrative citation on a form approved by the city manager shall be issued to the responsible person by an enforcement officer for violations of this code, or state codes specifically adopted by reference in the applicable chapters of this code, in the following manner:

A. Personal Service: In any case where an administrative citation is issued:

1. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation.

2. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.

B. Service Of Citation By Mail: If the enforcement officer is unable to locate the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid, with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned.

C. Service By Citation By Posting Notice: If the enforcement officer does not succeed in serving the responsible person personally, or by certified mail or regular mail, the enforcement officer shall post the administrative citation on any real property within the city where the city has knowledge that the responsible person has a legal interest, and such posting shall be deemed effective service. (Ord. 1720 § 3, 5-1-2007)

Each administrative citation shall contain the following information:

A. Date, approximate time, and address or definite description of the location where the violation(s) was observed;

B. The code sections or conditions violated and a description of the violation(s);

C. An order to the responsible person to correct the violations within the time specified, and an explanation of the consequences of failure to correct the violation(s);

D. The amount of the fine for the violation(s);

E. An explanation of how the fine shall be paid and the time period by which it shall be paid;

F. Identification of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation; and

G. The name and signature of the enforcement officer.

H. If possible, the signature of the responsible person. (Ord. 1720 § 3, 5-1-2007)

Upon receipt of a citation, the responsible person shall:

A. Pay the fine to the city within fifteen (15) working days from the issuance date of the administrative citation. All fines assessed shall be payable to the city of Porterville. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city; and

B. Remedy the violation(s). If the responsible person fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s). The amount of the fine for failure to correct the violation shall increase at a rate specified in this article or by ordinance. (Ord. 1720 § 3, 5-1-2007)

It is the purpose and intent of the city council to afford due process of law to any person who is directly affected by an administrative citation. Due process of law includes adequate notice, an opportunity to participate in an administrative hearing and an adequate explanation of the reasons justifying the administrative citation. These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised in any administrative citation.

A. Any recipient of an administrative citation may contest the citation by completing a request for hearing form, including specifying the basis for the appeal, and returning it to the city within fifteen (15) working days from the date of service of the administrative citation, together with an advance deposit (full amount) of the fine, and any administrative hearing fee if set by Resolution of the City Council, or a request for an advance deposit hardship waiver. A request for hearing form may be obtained from the city finance department. Any administrative citation fine deposited in advance shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not the responsible person for the violation(s) or that there was no violation(s) that occurred.

B. Advance Deposit Hardship Waiver.

1. Any recipient of an administrative citation, and who is financially unable to make the advance deposit of the fine and the administrative hearing fee as required, may file a request for an advance deposit hardship waiver.

2. The request shall be filed with the city finance department or other designated department on an advance deposit hardship waiver request form, which is available from the city finance department, at the time of the filing for a request for hearing.

3. The requirement of depositing the full amount of the fine and the administrative hearing fee, as required, shall be stayed until the city finance department makes a determination not to issue the advance deposit hardship waiver.

4. The city finance (or other designated) department may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the city finance department a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the department the person’s financial inability to deposit with the city the full amount of the fine and the administrative hearing fee in advance of the hearing.

5. If the department determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within 10 days of the date or the first business day thereafter of service of that decision or 30 days from the date of the administrative citation, whichever is later, unless the person shall appeal the decision to the city manager pursuant to this chapter.

6. The department shall issue a written determination listing the reasons for the determination to issue or not issue the advance deposit hardship waiver, which shall be served upon the person who applied for the advanced deposit hardship waiver.

7. Any recipient of an administrative citation may appeal the determination of the department to the city manager by submitting a new request for an advance deposit hardship waiver and returning it to the city within 10 days from the date of service of the city department’s determination; otherwise, the department’s written determination shall be final.

8. If the city manager determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within 10 days of the date or the first business day thereafter of service of that decision or 45 days from the date of the administrative citation, whichever is later.

9. The city manager shall issue a written determination listing the reasons for the determination to issue or not issue the advance deposit hardship waiver, which shall be served upon the person who applied for the advanced deposit hardship waiver. The written determination of the city manager shall be final. (Ord. 1720 § 3, 5-1-2007; Ord. 1883, 5-4-2021)

The city manager shall designate the hearing officer for the administrative citation hearing. The hearing officer shall not be a current Porterville city employee. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer. (Ord. 1720 § 3, 5-1-2007)

A. Request For Hearing: No hearing to contest an administrative citation before a hearing officer shall be held unless and until a request for hearing form has been completed and submitted, and the fine has been deposited in advance.

B. Setting Date For Hearing: A hearing before the hearing officer shall be set for a date that is not less than fifteen (15) working days and not more than sixty (60) working days from the date that the request for hearing is filed in accordance with the provisions of this article. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) working days prior to the date of the hearing.

C. Considering Evidence: The enforcement hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible person has caused or maintained the violation(s) of this code, or state codes specifically adopted by reference in the applicable chapters of this code, on the date(s) specified in the administrative citation.

D. Testimony And Witnesses Allowed: The responsible person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

E. Failure To Appear: The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

F. Evidence Of Facts: The administrative citation and any additional documents submitted by the enforcement officer shall constitute prima facia evidence of the respective facts contained in those documents.

G. Submission Of Additional Written Report To Hearing Officer: 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 by mail on the person requesting the hearing at least five (5) working days prior to the date of the hearing. At least ten (10) working days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the enforcement officer. No other discovery is permitted. Formal rules of evidence shall not apply.

H. Continuation Of Hearing: The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision. (Ord. 1720 § 3, 5-1-2007)

A. Issuance Of Written Decision: After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within ten (10) working days of the close of the hearing to uphold or deny the administrative citation and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final, subject to judicial review.

B. Citation Upheld: 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.

C. Citation Dismissal: If the hearing officer determines that the administrative citation should be dismissed, the city shall refund the amount of the deposit within ten (10) working days of the date of its receipt of the decision.

D. Notice Of Decision To Recipient: The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision in the manner prescribed above. (Ord. 1720 § 3, 5-1-2007)

A. The failure of any person to pay the civil fines assessed by an administrative citation within the time specified on the citation may result in the matter being referred to the department designated by the City, to file a claim with the small claims court. Alternatively, the City may pursue any other legal remedy available pursuant to this Code or other applicable law to collect the civil fines. To the extent permitted by law, the prevailing party shall be entitled to its reasonable attorneys’ fees, consistent with Section 1-9.F.

B. In addition to any other legal remedy, as authorized by California Government Code Section 38773.1 and Section 1-10 of this Code, the City may place a lien on property owned by the responsible person/citee in an amount equal to the sum of the fines delinquent for more than ninety days, plus penalties and interest. Imposition of the lien must stem from a citation for the condition or use of real property, or its improvements, owned by the citee. The following procedure shall be utilized, unless otherwise specified in this Code:

1. The City Manager of his or her designee my initiate proceedings to record a lien conforming with the Code if the decision is not appealed.

2. Before recording the lien, a report shall be submitted by the appropriate department to the City Manager/designee stating the amount due and owing.

3. The City Clerk shall schedule a time, date, and place for the City Council to consider the report and any protests or objections to it.

4. The citee shall be served with a hearing notice not less than ten (10) days before the hearing date. The notice must set forth the amount of the delinquent administrative fine, and any penalties and interest that is due. Each citee against whose property an assessment is levied pursuant to this Code may also be assessed an administrative fee in an amount established by city council resolution based on costs incurred in levying the assessment. The administrative fee shall be included in the lien amount approved by the City Council and recorded against the citee’s property. If the county recorder imposes a fee on the city to reimburse the costs of processing and recording the lien and/or providing notice, the City may recover any such costs from the property owner as part of its foreclosure action to enforce the lien. Notice shall be delivered first-class mail, postage prepaid, addressed to each citee’s address as it appears on the last equalized assessment rolls or supplemental roll of the County of Tulare, 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.

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

6. Recording a Lien: Within thirty (30) days following the City Council’s adoption of a resolution imposing a lien, the appropriate shall file same as a judgment lien in the Tulare County Recorder’s Office. Before recordation of the lien, the City must give notice to the owner of record of the subject parcel in the manner required by Government Code Section 38773.1(b).

7. As authorized by California Government Code Section 38773.1, the lien may be foreclosed by an action brought by the City for a money judgment.

8. Satisfaction of Lien: In the event the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in the lien shall be recorded by the City.

C. Alternative Proceedings pursuant to Section 38773.5: As an alternative to the procedure set forth in subsection B. above, the City may make fines, which are delinquent for over 90 days, together with any administrative fees and costs, a special assessment against the parcel, in accord with Section 1-10 of this Code. Imposition of the assessment must stem from a citation for the condition or use of real property, or its improvements, owned by the citee. The City shall utilize the same notice and hearing procedures set forth in subsection B and as required under Section 1-10 of this Code. (Ord. 1720 § 3, 5-1-2007; Ord. 1883, 5-4-2021)

Any person aggrieved by a decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Tulare County superior court in accordance with the time lines and provisions as set forth in California Government Code section 53069.4. (Ord. 1720 § 3, 5-1-2007)

A. The administration citation and all notices to be given by this article shall be served on the responsible person in accordance with the provisions of this article.

B. Failure to receive any notice specified in this article does not affect the validity of proceedings conducted hereunder. (Ord. 1720 § 3, 5-1-2007)

If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this article. The city council hereby declares that it would have passed this article and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ord. 1720 § 3, 5-1-2007)