Portola Valley Municipal Code Ch. 1.12.045 Administrative Citations

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

(b) This chapter makes any violation of the provisions of the Portola Valley Municipal Code subject to administrative civil penalties.

(c) This chapter establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil penalties pursuant to Government Code, Section 53069.4. The process contained in this chapter may be used in lieu of or in addition to any other process allowed by law

(d) An administrative penalty shall be imposed by means of an administrative citation issued by an officer, and shall be paid directly to the Town of Portola Valley. Payment of a penalty shall not excuse a failure to correct a violation, nor shall it bar concurrent or further enforcement actions by the town.

(e) The town 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 penalty shall be refunded. Notice of such action shall be given to the citee in writing.

(f) The town manager, or a designee thereof, is authorized to promulgate procedural rules and regulations governing the provisions in this chapter.

(Ord. 2021-442 §1, 2021)

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:

(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) "Civil penalty" is the monetary sanction established by resolution of the town council that is imposed by a citation.

(d) "Code" shall include but not be limited to: (i) the entire Portola Valley 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 (e.g., building and fire codes), (iii) any uncodified ordinance adopted by the Portola Valley Town Council, and, (iv) all other state laws applicable to the Town of Portola Valley.

(e) "Enforcement officer" (also referred to as "officer") shall mean any town employee or other person with obligations to enforce the Portola Valley Municipal Code, including but not limited to planning director and designee; public works director and designee, building official, building inspector, code enforcement official, Woodside Fire Protection District Fire Marshal and designee, or sheriff department personnel. The town manager may designate additional persons to act as officers for purposes of implementing the provisions of this chapter.

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

(g) "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 town, 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.

(h) "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 town.

(i) "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.

(j) "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.

(k) "Town" means the Town of Portola Valley, California.

(l) "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.

(Ord. 2021-442 §1, 2021)

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

(b) 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.

(c) 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.

(d) 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.

(e) 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.

(f) Each citation shall contain the following:

(1) Name and mailing address of the responsible person.

(2) The address or description of the location of the violation.

(3) The date and time of the violation.

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

(5) A brief description of the violation(s).

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

(7) If applicable, the action(s) required to correct the violation(s), and any deadlines or time limitations for commencing and completing such action(s).

(8) 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) A description of the deposit requirements as set forth in Section 1.12.045.060(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 1.12.045.060(d).

(10) The name and signature of the officer.

(Ord. 2021-442 §1, 2021)

(a) A citation may be served either by personal delivery to the citee or by certified mail through the United States Postal Service (USPS). If these two methods are unsuccessful, a citation may be served by posting on the property.

(b) The issuance date of a citation is either the date of personal service or the date the citation is deposited with the USPS.

(c) If served by mail, the citation shall be sealed in an envelope with postage prepaid, return receipt requested, and addressed to the citee at his or her last-known business or residence address as same appears in public records of the town. A copy of the mailing receipt shall be affixed to a copy of the administrative citation that is maintained by the enforcement officer.

(d) If an agent, manager or representative of a responsible person is personally served with a citation, a copy thereof shall also be 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 town. 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.

(e) If service cannot be accomplished personally or by mail for citations involving a real property-related violation of the Code, the officer may post the citation on the responsible person's real property on which the violation occurred. The date of posting shall constitute the issuance date of a citation.

(f) Failure of a citee to receive a citation or notice shall not invalidate any penalty, 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.

(Ord. 2021-442 §1, 2021)

(a) The amounts of the civil penalties imposed pursuant to this chapter shall be set forth in a schedule of penalties established by resolution of the town council or by ordinance. The resolution or ordinance may impose escalating penalties for repeat offenses by the same person in a twelve-month period from the date of initial administrative citation. The town council may amend the schedule of penalties by resolution.

(b) If the council does not adopt such a resolution or if the resolution does not specify a penalty for a particular violation, the administrative penalty shall be one hundred dollars for the first offense, two hundred dollars for the second offense within the same year, and five hundred dollars for each additional offense in the same year. If a violation contains different penalties, the officer may select which penalty to use.

(c) Penalties shall be paid to the town within thirty days from the issuance date of the administrative citation, in the manner directed by the citation, except as otherwise provided in Section 1.12.045.060(d).

(d) If the penalty is not paid within the time frame prescribed herein, a late payment penalty may be charged in an amount to be established by resolution of the town council.

(e) Payment of a civil penalty 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.

(f) Abatement of a violation shall not excuse the obligation of a citee to pay a civil penalty and any late charge or interest.

(Ord. 2021-442 §1, 2021)

(a) Any citee may appeal the imposition of an administrative citation by filing a request for an administrative hearing on a town-approved form with the office of the Town Clerk—Portola Valley Town Hall, 765 Portola Road, Portola Valley, CA 94028—within ten calendar days from the issuance date of a citation. If the office of the town 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) A request for a hearing shall contain the following:

(1) The citation number.

(2) The name, address, and telephone 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).

(c) Requests for a hearing shall be accompanied by the entire amount of the penalty stated in the citation, unless a hardship waiver has been obtained pursuant to Section 1.12.045.060(d), below. Penalties deposited shall be returned in the event a citation is overturned.

(d) A citee who claims to be financially unable to deposit the civil penalty with the request for a hearing may complete a town-approved application form for an advance deposit hardship waiver. This form and accompanying records shall be tendered, along with a request for a hearing, to the office of the Town Clerk—Portola Valley Town Hall, 765 Portola Road, Portola Valley, CA 94028—within ten calendar days from the issuance date of a citation.

(e) An application for a hardship waiver must be complete, signed, and accompanied by documents that enable the town to reasonably determine the citee's present inability to deposit the penalty. Documents suitable for consideration may include, without limitation, credible copies of state and federal income tax returns, financial statements, or income and expense records for twelve months preceding submittal of the waiver form.

(f) The town shall issue a written decision specifying the reasons for issuing or not issuing the hardship waiver. This decision is final, subject only to judicial review as provided by law. The decision shall be served upon the person requesting the hardship waiver by first class mail.

(1) If a hardship waiver is approved, the town shall set a hearing pursuant to subsection (i) of this section.

(2) If a hardship waiver is denied, the applicant shall tender the full amount of the civil penalty to the office of the town clerk within ten calendar days of the date the decision is deposited with the U.S. Postal Service. In the event the town clerk does not receive the full amount of the penalty in the required period, the request for a hearing shall be rendered incomplete and untimely, the citee shall be deemed have waived the right to a hearing, and the citation shall be deemed final.

(g) 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 days of the date a timely and complete request is received by the office of the town clerk. Such notice shall be given at least ten calendar days prior to the date of the hearing. Service of this notice is deemed complete at time of mailing.

(h) If the officer submits an additional written report concerning the citation to the office of the town 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 calendar days prior to the date thereof.

(i) 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.

(Ord. 2021-442 §1, 2021)

(a) The town manager shall designate or appoint a hearing officer who shall be selected in a manner that avoids the potential for pecuniary or other bias.

(b) The formal rules of evidence shall not apply to an administrative hearing. All relevant evidence may be considered, and the hearing officer has the discretion to exclude evidence that he or she finds to be irrelevant or repetitive.

(c) 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.

(d) The responsible person contesting the administrative citation shall be given the opportunity to (1) testify and present witnesses; (2) introduce relevant evidence; (3) cross-examine and/or rebut any witnesses testifying in support of the administrative citation; and (4) be represented by anyone who is lawfully permitted to do so.

(e) Failure of the person contesting the administrative citation to attend the scheduled hearing shall constitute a forfeiture of the penalty as well as a failure to exhaust his or her administrative remedies that may bar judicial review.

(f) The hearing officer may continue the hearing and request additional information from the enforcement officer or the responsible person contesting the citation before issuing a written decision.

(Ord. 2021-442 §1, 2021)

(a) After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold, modify, or overturn the citation and the reasons for that decision. The hearing officer's decision shall be final.

(b) The hearing officer may assess administrative costs against the violator including, but not limited to, costs incurred directly or indirectly by the city in connection with the investigation of the violation, commencement of administrative proceedings, and preparing for and conducting the hearing.

(c) The written decision shall be served to all parties by first class mail within fifteen days of the conclusion of the hearing. The date the decision is deposited with the U.S. Postal Service shall constitute the date of its service.

(d) The written decision shall contain a statement that the decision of the hearing officer is appealable to the superior court within twenty days after the date of service of the written decision, in accordance with Government Code Section 53069.4(b).

(e) If the hearing officer determines that the administrative citation should be upheld, the amount of the penalty on deposit with the town shall be retained by the town. If a hardship waiver has been granted, the responsible person shall pay the amount of the penalty within fifteen days of the issuance of the written decision.

(f) If the hearing officer determines that the administrative citation should be overturned, the amount of the penalty on deposit with the town shall be refunded within fifteen days of the issuance of the written decision.

(g) If the hearing officer determines that the administrative citation should be modified, the town shall collect or refund the difference in the amount of the penalty within fifteen days of the issuance of the written decision.

(a) Unpaid civil penalties, late charges, and interest shall be a personal obligation and debt of the citee which may be collected by the town in any manner allowed by law.

(b) For any confirmed, final, or uncontested civil penalty, late charge or other fee imposed and unpaid pursuant to the procedures set forth in this chapter, the town 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 days after expiration of the last day to pay any confirmed, final or uncontested civil penalty, late charge or other fee imposed and unpaid pursuant to the procedures set forth in this chapter, provided that at least ten 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 town shall record a notice of satisfaction of the lien with the San Mateo County Recorder's office within thirty calendar days of receipt of payment in full.

(c) Attorney Fees. The town 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 penalty, late charge or other fee imposed and unpaid pursuant to the procedures set forth in this chapter.

(Ord. 2021-442 §1, 2021)