Rancho Santa Margarita Municipal Code Ch. 1.05 Administrative Citations

(a) The purpose of this Chapter is to promote judicial economy by addressing and correcting local minor violations of this Code, state law, conditions of entitlements and land use approvals administratively.

(b) The administrative citation system and administrative hearing program contained in this Chapter are enacted under the authority of Government Code Section 53069.4.

(c) The issuance of an administrative citation under this Chapter shall be solely at the City's discretion and shall be in addition to any other civil, criminal or other legal remedy authorized by law.

(d) The City Manager is authorized to promulgate procedural rules and regulations governing the administration and implementation of this Chapter.

(Ord. No. 06-04, § 1, 5-24-2006)

The following words, terms and phrases, when used in this Chapter, shall have the meanings set forth in this Section, unless it is apparent that the context clearly indicates a different meaning:

Administrative hearing means an oral proceeding before a Hearing Officer regarding the administrative citation(s).

Enforcement Officer means any officer or employee acting on behalf of the City with the authority to enforce this Code or applicable state law, conditions of entitlements, land use approvals, or any other condition of a license, permit or other agreement made by the City pursuant to its police powers.

Hearing Officer means the person or contracted company appointed by the City Manager, in compliance with any and all applicable legal requirements, to serve as the hearing officer for administrative hearings.

Owner means the record owner of a parcel according to the County's latest equalized property tax assessment roll.

Responsible person means any of the following:

(1) A person who causes a violation to occur or continue;

(2) A person who maintains or allows a violation to occur or continue by his/her action or failure to act;

(3) A person whose agent, employee, or independent contractor causes a violation to occur or continue by his/her action or failure to act;

(4) A person who is the owner, lessee, sublessee, or current possessor of real property where a property-related violation occurs or continues; or

(5) A person who is the on-site manager of a business where a violation occurs or continues.

(Ord. No. 06-04, § 1, 5-24-2006)

(a) Whenever an enforcement officer determines that a violation subject to this Chapter has occurred, the enforcement officer may, at his or her sole discretion, issue an administrative citation to any responsible person.

(b) Each administrative citation shall contain the following information, at a minimum:

(1) The name of the responsible person and any mailing address, residence, driver license or identification number, physical description or other identifying information;

(2) The date of the violation;

(3) The name, when applicable, and address of the location where the violation occurred;

(4) The provisions of the Code, law, permit, land use approval, or other regulation or entitlement violated, including a description of the violation;

(5) The amount of the fine for the violation and the amount of the late charge if the fine is not paid by a specified date;

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

(7) The actions required to correct the violation(s);

(8) A reasonable deadline or time limitation for commencing and completing such corrective actions, not to exceed 21 days unless the enforcement officer determines that some longer period of time is reasonably warranted under the circumstances;

(9) A description of the administrative citation appeal process, including the time within which the administrative citation may be appealed and the place from which a form to appeal the administrative citation may be obtained; and

(10) The name, badge number, if applicable, and signature of the enforcement officer, and the signature of the responsible person, if that person is physically present and will sign the citation at the time of its issuance.

(c) Each and every day a violation exists constitutes a separate and distinct offense.

(Ord. No. 06-04, § 1, 5-24-2006)

Administrative citations may be issued for violations of:

(1) This Code, including Uniform Codes adopted by the City, and all uncodified ordinances;

(2) State law;

(3) City regulations;

(4) Any condition of approval of a permit or entitlement, including a conditional use permit, development review, sign permit, variance, specific plan, parcel map, subdivision map, building or grading permit;

(5) Any condition of an environmental review;

(6) Any term or condition of any agreement with the City made pursuant to the City's police power, including a development agreement, owner participation agreement, easement, license, or other real property use agreement;

(7) Any plan, permit or best management practice authorized, issued or required by Chapter 5.10;

(8) Any encroachment or right-of-way permit; or

(9) Any license or permit issued pursuant to Title 6 or Title 9 of this Code;

(Ord. No. 06-04, § 1, 5-24-2006)

The amounts of fines imposed pursuant to this Chapter shall be as specified by resolution of the City Council, or, where no amount is specified, as set forth in Subsection 1.03.010(b)(2).

(Ord. No. 06-04, § 1, 5-24-2006)

(a) An Enforcement Officer shall issue an administrative citation to a responsible person in the following manner:

(1) Personal service. The Enforcement Officer shall attempt to locate and personally serve the responsible person and obtain that person's signature on the administrative citation, if the person is within the City's jurisdiction. If the responsible person is an entity, the Enforcement Officer may personally serve an employee over the age of 18, manager, principal, partner, director, officer or representative of the entity on behalf of said entity. The failure or refusal of a person to sign a citation shall not affect its validity or any related subsequent proceeding, nor shall signing a citation constitute an admission of guilt. The date of personal service shall constitute the date of issuance of the citation.

(2) Mailed service. If the responsible person is outside the jurisdiction of the City or cannot be located, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid, return receipt requested, with a copy of the citation simultaneously sent by first class mail. The date indicated on the receipt, or, if returned unsigned, the date of mailing shall constitute the date of issuance of the citation.

(3) Posted service. If service cannot be accomplished by personal service or mailed service, the Enforcement Officer shall post the administrative citation on any real property in the City in which the responsible person is known to have a legal and possessory interest. The date of posting shall constitute the date of issuance of the citation.

(b) The failure of a responsible person to receive an administrative citation shall not invalidate any fine, late charge, action or proceeding, if service was given in a manner authorized in this Chapter.

(Ord. No. 06-04, § 1, 5-24-2006)

(a) A recipient of an administrative citation may contest that there was a violation(s) or that he or she is a responsible person by filing an appeal on a City-approved form with the City department or contracted company designated on the form. The appeal form must be accompanied by a deposit in the amount of the fine.

(b) Any appeal must be received by the designated City department or contracted company within 15 calendar days from the date of issuance of the administrative citation.

(c) Defective appeals.

(1) If an appeal is not received by the proper City department or contracted company within the required period, the cited party is deemed to have waived the right to an appeal hearing and the citation shall be deemed final.

(2) If an appeal is not accompanied by the correct deposit, the person filing the appeal shall be notified in writing, by certified first class mail, of that fact, and given ten days to cure the defect. If the appeal is not cured within that time, the cited party is deemed to have waived the right to an appeal hearing and the citation shall be deemed final.

(Ord. No. 06-04, § 1, 5-24-2006)

(a) The City Manager shall designate the Hearing Officer or the contracted company for the administrative hearing. The Hearing Officer shall not be a City employee and his or her compensation shall not be conditioned upon whether or not administrative citations are upheld.

(b) The administrative hearing shall be set for a date that is not less than 15 nor more than 60 days from the date the request for hearing is filed. The cited person shall be notified of the date, time and place of the administrative hearing at least ten days prior to the hearing.

(c) The cited person shall appear at the administrative hearing on the date and at the time and place specified. Failure to personally attend the administrative hearing shall be considered a nonappearance and a failure to exhaust administrative remedies and shall result in forfeiture of the deposit.

(d) Evidence at the administrative hearing.

(1) The Hearing Officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the cited person is the responsible person. Formal rules of evidence shall not apply.

(2) The administrative citation and any additional documents prepared by the City in connection with the violation(s) are prima facie evidence of the facts contained in those documents and the enforcement officer who issued the citation should attend but is not required to attend or participate at the administrative hearing. If the City submits any additional documents concerning the administrative citation to the Hearing Officer for consideration at the hearing, whenever possible, a copy of those documents shall be served by first class mail on the person requesting the administrative hearing prior to the hearing.

(3) The cited party, and the Enforcement Officer, if present, shall have an opportunity to present evidence and to cross-examine witnesses. The Hearing Officer may question any person who presents evidence or who testifies at the hearing.

(e) The Hearing Officer may continue the hearing and request additional information from the City or the appellant prior to issuing a written decision.

(Ord. No. 06-04, § 1, 5-24-2006)

(a) After consideration of all the evidence, the Hearing Officer shall issue a written decision to uphold or cancel the administrative citation and shall state the reasons for the decision and notice of the right to appeal the decision.

(b) The appellant and the Enforcement Officer shall each be served by first class mail, postage prepaid, with a copy of the hearing officer's written decision. The appellant shall also be served by certified mail, return receipt requested. Service shall be deemed made as of the date on the receipt or, if returned unsigned, as of the date of mailing of the hearing officer's written decision.

(c) If the administrative citation is upheld, the deposit with the City shall be retained by the City. If the administrative citation is cancelled, the City shall promptly refund the deposit.

(d) If the citation is upheld and the violation has not been fully corrected as of the date of the hearing, the Hearing Officer's decision shall contain an order to correct the violation and a deadline for compliance.

(e) The decision of the Hearing Officer shall be final.

(Ord. No. 06-04, § 1, 5-24-2006)

(a) Either the City or the appellant may obtain judicial review of the Hearing Officer's decision by filing an appeal with the Orange County Superior Court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. An appeal from a Hearing Officer's decision may not be made to the City Council.

(b) An appeal of a Hearing Officer's decision must be filed within 20 days after service of the Hearing Officer's administrative hearing decision.

(c) A person filing an appeal with the Superior Court shall also serve a copy of the appeal on the other party personally or by first class mail, postage prepaid.

(d) Judicial review of an administrative citation shall not be available without first exhausting administrative remedies pursuant to this Chapter.

(Ord. No. 06-04, § 1, 5-24-2006)

(a) The City may pursue any and all legal and equitable remedies to which it may be entitled, for the collection of any unpaid and/or delinquent fines or penalties, including its collection costs and the cost of the Hearing Officer. Pursuit of one remedy does not preclude the pursuit of any other remedies.

(b) Any responsible person who has unpaid and/or delinquent fines may be refused the issuance of a land use approval or other City approval pertaining to the property, real or personal, that is the subject of the administrative citation issued pursuant to this Chapter for which a decision is final.

(Ord. No. 06-04, § 1, 5-24-2006)