Portola Municipal Code Ch. 1.10 Administrative Citation

A. This chapter shall be cited as the "Administrative Citation Ordinance."

B. The city council finds there is a need for an additional method of enforcement for violations of this code. The city council finds an appropriate method of enforcement is an administrative citation.

C. The procedures established in this chapter shall be in addition to criminal, civil or any other legally-established procedures that may be pursued to address violations of this code.

D. Use of this chapter shall be at the sole discretion of the city.

(Ord. 294 § 5 (part), 2002)

For purpose of this chapter, "enforcement officer" shall mean any city employee or agent of the city with the authority to enforce any provision of this code as provided in Section 1.08.040.

(Ord. 294 § 5 (part), 2002)

A. Whenever an enforcement officer who has authority to enforce a violation of any of the provisions included in Section 1.10.100 determines that a violation has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person or entity responsible for the violation.

B. Each administrative citation shall contain the following information:

1. The date of the violation;

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

3. The section of this code violated and a description of the violation;

4. The amount of the fine for the code violation;

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

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

7. A description of the administrative citation appeal process, including the time within which the administrative citation may be contested; and

8. The name and signature of the citing enforcement officer.

C. Except in the case of a violation creating an immediate danger to health or safety, the enforcement officer shall issue at minimum a seventy-two-hour warning notice of violation to the responsible party for a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues, prior to issuance of an administrative citation. The warning notice shall be posted at the property or personally served on the responsible party at the time of issuance.

(Ord. 294 § 5 (part), 2002)

A. Each and every day a violation of any provisions applicable to this chapter exists constitutes a separate and distinct offense. Each section of the code violated constitutes a separate violation for any day at issue.

B. A civil penalty for violations of this code may be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the city.

C. Civil penalties assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this chapter.

(Ord. 294 § 5 (part), 2002)

A. The city clerk shall manage the processing of administrative citations.

B. Upon discovering or observing any violation of this code for which a civil penalty has been prescribed, the enforcement officer may issue an administrative citation to the violator or property owner or tenant or all of them, who is in control of the premises or activity which constitutes a violation of this code, or the actor of prohibited conduct. Such person or entity shall be designated the responsible party. The administrative citation shall be issued on a form prescribed by the city administrator.

C. The enforcement officer may obtain the signature of the responsible party on the administrative citation to establish personal service of the citation. If that person is not located, refuses or otherwise does not sign the administrative citation, the lack of signature shall in no way affect the validity of the citation and proceedings. In such cases, the enforcement officer shall make service of the citation as otherwise provided herein.

D. If the enforcement officer is unable to locate the responsible party, or the responsible party refuses or otherwise does not sign the citation, the administrative citation shall be served on the responsible party as follows:

1. The administrative citation shall be mailed to the responsible party by first class mail. If the responsible party is the property owner; it shall be sent to the mailing address maintained for the property by the county tax assessor. If the responsible party is the tenant or other possessor of property where the violation exists, it shall be sent to the property address, if possible. In all other cases, service shall be made at the address maintained for the responsible party by the city for business tax purposes, or at the responsible party's last known address.

2. The failure of any responsible party to receive a properly addressed and mailed citation shall not affect the validity of any proceeding under this chapter.

3. Service of the administrative citation in the manner described above shall be effective on the date of mailing.

E. The city administrator shall establish all appropriate administrative regulations for implementing this chapter.

(Ord. 294 § 5 (part), 2002)

A. Persons receiving an administrative citation may appeal it within ten calendar days from the date the administrative citation is served. The notice of appeal must be in writing on the form included on the administrative citation, and accompanied by the penalty deposit, specifying the basis for the appeal in detail. It must be received by the city clerk within the ten-day period. If the deadline falls on a weekend or city holiday, then the deadline shall be extended until the next regular business day.

B. The city administrator shall appoint a hearing officer who is a member of the city's staff or who is employed at the direction of the city administrator to hear and decide administrative citation appeals.

C. As soon as practicable after receiving the written notice of appeal, the city clerk shall review it for sufficiency. If found to be complete and in conformance with this section, the city clerk shall fix a date, time and place for hearing before a hearing officer. Written notice of the time and place for the hearing may be served by personal service, or first class mail to the address provided by the responsible party on the notice of appeal.

D. The failure of any person with an interest in the property to receive such properly addressed notice of the hearing shall not affect the validity of any proceedings under this chapter. Service by first class mail shall be effective on the date of mailing.

E. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person's rights to contest the merits of the citation and the imposition of the penalty.

F. The hearing officer shall conduct an orderly, fair hearing and accept evidence one would rely in the conduct of one's business affairs as follows:

1. A valid citation shall be prima facie evidence of the violation;

2. The hearing officer shall accept testimony by declaration under penalty of perjury relating to the violation and the appropriate means of correcting the violation; or

3. The owner, agent, responsible party, or any other interested person may present testimony or evidence concerning the violation and the means and time frame for correction.

G. The city administrator shall establish all appropriate administrative regulations for conducting hearings and rendering decisions pursuant to this section.

H. The hearing officer shall determine whether to affirm or dismiss the administrative citation. The hearing officer may not reduce, waive or conditionally reduce the civil penalties stated in the citations or any late fees assessed. The hearing officer may impose conditions and deadlines for correction of violations and make such direction to enforcement officers to assure compliance.

I. The hearing officer shall make findings based on the record of the hearing and make a written decision based on the findings. The decision of the hearing officer affirming or dismissing the citation is final and conclusive, without right of further administrative appeal.

J. The city clerk shall preserve all exhibits submitted by the parties for a one hundred eighty-day period and shall serve the decision by first class mail on the contestant within ten working days after the hearing, with notice of the contestant's entitlement to appeal the decision in a court of limited jurisdiction.

(Ord. 294 § 5 (part), 2002)

A. Persons cited who are financially unable to make an advance deposit of the administrative fine may file for a hardship waiver. The request for a hardship waiver will be filed with the city clerk's office on a form containing information that may be required by the city clerk. The city clerk 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 the person cited's actual financial inability to deposit the full amount of the fine.

B. The city clerk will inform the person cited in writing regarding whether the city waiver. This determination shall be served upon the person cited 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 justified, the person cited must deposit the fine amount with the city not later than ten days after the date of that decision. Failure to make a deposit within ten days after waiver denial shall be deemed a waiver of the person cited's right to an administrative hearing and the administrative fine shall be deemed delinquent.

(Ord. 294 § 5 (part), 2002)

A. Should the hearing officer uphold the administrative citation, the city will retain the deposited fine amount.

B. Should the hearing officer vacate the administrative citation, the city must 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 days from the date of the notice of the hearing officer's decision.

(Ord. 294 § 5 (part), 2002)

A. The city council shall establish by resolution, and may from time to time amend by resolution, the amount of the civil penalties to be assessed for administrative citations. Correction of any violation within ten days of the date of service of the citation, as verified by the signature of an enforcement officer on the citation, will result in the reduction of civil penalties by two-thirds for a first time violator.

B. If the violator or property owner fails to correct the violation, subsequent administrative citations may be issued for the same violation(s). The amount of the civil penalty shall increase at a rate specified in this chapter.

C. The amount of the civil penalty assessed for each code section violated shall not exceed the following amounts:

1. First administrative citation. The amount established by the city council;

2. Second administrative citation within one year for violation of the same code section is two times the amount of the penalty imposed for a first violation;

3. Third or subsequent administrative citation within one year for violation of the same code section is five times the amount of the penalty imposed for a first violation.

D. Payment of the civil penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.

E. All civil penalties assessed shall be payable to the city at the address provided on the administrative code.

F. If payment of a civil penalty and proof of correction is not received by the city clerk within twenty-one days of service of the citation, then a late fee shall be assessed. The amount of the late fee shall be one hundred percent of the total amount of the civil penalty owed.

G. The failure of any person to timely pay a civil penalty assessed by administrative citation or any late fee added thereto, constitutes a debt to the city. To enforce that debt, the city administrator or designee may file a claim with the small claims court, or pursue any other legal remedy to collect such money.

H. In addition to any other legal remedy, the city may place a lien on property owned by the person cited in an amount equal to the sum of the fines delinquent for more than ninety days, plus penalties and interest. Imposition of a lien pursuant to this section must stem from a citation for the condition or use of real property, or its improvements, that is owned by the person cited.

(Ord. 294 § 5 (part), 2002)

Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review with the Superior Court, Limited Civil Jurisdiction, in Plumas County in accordance with the timeliness and other provisions set forth in California Government Code Section 53069.4.

(Ord. 294 § 5 (part), 2002)