Redwood City Municipal Code § 1.20 Administrative Citations

The Council has determined that the enforcement of the Municipal Code and applicable State codes throughout the City is an important public service and is vital to the protection of the public's health, safety and quality of life. The Council has determined that there is a need for alternative methods of code enforcement and that a comprehensive code enforcement system uses a combination of judicial and administrative remedies to gain compliance with code regulations. The Council finds that there is a need to draft precise regulations that can be effectively applied in judicial and administrative proceedings and further finds that there is a need to establish uniform procedures for the administrative enforcement hearings.

(Ord. No. 2245, § 2, 3-24-2003)

A. This Article provides for administrative penalties which are in addition to all other legal and equitable remedies and provides an alternative to any criminal or civil prosecutions which may be pursued by the City to address any violations of this Code, the City Zoning Ordinance, or any regulation adopted under the authority of this Code.

B. Use of the remedies and procedures of this Article will be at the sole discretion of the enforcement officers and enforcement officials authorized to proceed under this Article and will not limit or preclude the use of any other enforcement remedies pursuant to this Code, State or Federal law.

(Ord. No. 2245, § 2, 3-24-2003)

A. ADMINISTRATIVE COSTS: means the administrative citation fines and civil penalties assessed, all costs (both direct and indirect) incurred by the City from the first discovery of the violations through the appeal process and until compliance is achieved, including, but not limited to, staff time in inspecting the property, sending notices, preparing and attending any appeal hearings, and fees paid to the administrative hearing officer.

B. ADMINISTRATIVE CODE ENFORCEMENT REMEDIES: means administrative abatement, summary abatement, civil penalties, administrative citations, and recordation of notices of violation as contained and further described in this Code.

C. ADMINISTRATIVE HEARING OFFICER: Will mean any person appointed by the City Manager, or his/her designee, to preside at administrative hearings.

D. ADMINISTRATIVE PENALTIES: Will mean the administrative citation fines or administrative civil penalties assessed pursuant to this Article for violations of the Municipal Code.

E. DAYS: Unless otherwise stated, "days" will mean calendar days.

F. ENFORCEMENT OFFICER: Will mean any City employee or agent of the City with the authority to enforce any provision of this Code.

G. ENFORCEMENT OFFICIAL: Will mean the principal supervisor of a department or a division of a department to which an enforcement officer empowered to issue administrative citations under this Article is assigned.

H. PERSON: Will mean any individual or entity, including, but not limited to, a corporation, partnership, or trust.

I. RESPONSIBLE PARTY: Means any person or persons in charge of the premises or location, or the person or persons responsible for the event or incident, and will include any of the following:

1. The person or persons who own the property where the violations exist.

2. The person or persons in charge of the premises where the violations exist.

3. The person or persons using the premises where the violations exist.

4. If any of those persons are minors, the parent or guardians of such minor(s) will be the responsible party.

5. If the person or persons is a business entity, the owner will be a responsible party. If the owner is not present, an administrative citation may be given to an on-site manager, supervisor, or employee on behalf of the business entity.

J. MUNICIPAL CODE OR CODE: Will mean the Redwood City Municipal Code, Redwood City Zoning Ordinance, or any regulation adopted under the authority of this Code.

(Ord. No. 2245, § 2, 3-24-2003)

Whenever an enforcement officer determines that a violation of the Municipal Code exists, the enforcement officer may issue a notice of violation to a responsible party. The notice of violation will include the following information:

A. The name of the owner of record of the property.

B. Street address.

C. The Code sections in violation.

D. A description of how the property's condition violates the applicable Code section.

E. A list of necessary corrections to bring the property into compliance.

F. A deadline or specific date to correct the violations listed in the notice of violation.

G. A reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline including, but not limited to, criminal prosecution, civil injunction, administrative abatement, administrative citations, civil penalties, revocation of permits, recordation of the notice of violation and/or withholding of future related municipal permits.

(Ord. No. 2245, § 2, 3-24-2003)

A. Except for an initial notice of violation, whenever a notice is required to be given under this Article for enforcement purposes, the notice will be served by any of the following methods unless different provisions are otherwise specifically stated to apply:

1. Personal service; or

2. Certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service will be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned; or

3. Posting the notice conspicuously on or in front of the property. The form of the post notice will be approved by the City Manager or his/her designee.

B. Service by certified or regular mail in the manner described above will be effective three (3) days after on the date of mailing.

C. The failure of any person with an interest in the property to receive notice will not affect the validity of any proceedings taken under this Article.

D. The notice requirements in this section do not apply to initial notices of violation which may be sent by regular mail. Service of an initial notice of violation by regular mail is effective three (3) days after the date of mailing.

(Ord. No. 2245, § 2, 3-24-2003)

Enforcement officers are authorized to enter upon any property or premises within the City to ascertain whether the provisions of the Municipal Code are being obeyed, and to make any examination and surveys as may be necessary in the performance of their enforcement duties. These inspections may include the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys will be done in a reasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, the enforcement officer may seek an administrative inspection warrant pursuant to the procedures provided for by State law.

(Ord. No. 2245, § 2, 3-24-2003)

For the purposes of this Chapter:

A. After providing notice and an opportunity to appeal to the property owner, the enforcement officer may record with the County Recorder's office a notice against a property which is the subject of an administrative enforcement action pending with the City Redwood City.

B. A notice of pending administration will be on a form approved by the City Manager or his/her designee and will describe the nature of the administrative action and refer to the Municipal Code governing the pending administrative action.

(Ord. No. 2245, § 2, 3-24-2003)

The procedures established in this Article will be in addition to any other criminal, civil or other legal remedies established by law which may be pursued to address violations of this Code, the City Zoning Ordinance, any regulations adopted under the authority of this Code, or applicable State codes and the use of this Article will be at the sole discretion of the City.

(Ord. No. 2245, § 2, 3-24-2003)

A. The amounts of administrative penalties for code violations imposed pursuant to this Article will be set forth in the schedule of administrative fines and other administrative penalties established by resolution of the City Council.

B. The schedule of administrative fines and other administrative penalties will specify:

1. any increased penalties for repeat violations of the same code provision by the same person within twelve (12) months from the date of the most recent administrative citation; and

2. the amount of any late payment charges imposed for the payment of an administrative penalty after its due date.

(Ord. No. 2245, § 2, 3-24-2003)

The enforcement official may assess administrative costs against a violator of this Code when the enforcement official determines that a violation has occurred. If a notice of violation has been issued, the enforcement official may not assess administrative costs if compliance has been achieved by the compliance deadline set forth in the notice of violation.

(Ord. No. 2448, § 6, 6-11-18)

For purposes of this Section:

A. Any person violating any provision of this Code may be issued an administrative citation by an enforcement officer as provided for in this Section.

B. A continuing violation of the Municipal Code constitutes a separate and distinct violation each and every day that said violation exists.

C. A citation penalty will be assessed by means of an administrative citation issued by the enforcement officer and will be payable directly to the City of Redwood City.

D. The issuance of an administrative citation is in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of this Code.

(Ord. No. 2245, § 2, 3-24-2003)

A. Upon discovering a violation of this Code, an enforcement officer may issue an administrative citation to a responsible party in the manner prescribed in this Section. The administrative citation will be issued on a form approved by the City Manager.

B. If the responsible party is not an individual, the enforcement officer will attempt to locate the owner and issue the owner an administrative citation. If the enforcement officer can only locate the manager, on-site supervisor or employee, if there is no manager or on-site supervisor present, the administrative citation may be issued the name of the entity and given to said manager, on-site supervisor or employee. A copy of the administrative citation will also be mailed to the owner in the manner prescribed in Section 1.10.4 of this Article.

C. Once the responsible party is located, the enforcement officer will attempt to obtain the signature of that person on the administrative citation. If the responsible party refuses or fails to sign the administrative citation, the failure or refusal to sign will not affect the validity of the citation and/or subsequent proceedings.

D. If the enforcement officer is unable to locate to responsible party for the violation, then the administrative citation will be mailed to the responsible party in the manner prescribed in Section 2.1.4 of this Article.

E. If no one can be located at the property, the administrative citation will be posted in a conspicuous place on or near the property and a copy subsequently mailed to the responsible party in the manner prescribed in Section 2.1.4 of this Article.

(Ord. No. 2245, § 2, 3-24-2003)

A. Each administrative citation will contain the following information:

1. The date and location of the violations and the approximate time, if applicable, that the violations were observed.

2. The Municipal Code sections violated and a description of how the sections have been violated.

3. The printed name and signature of the enforcement officer.

4. Language requiring the responsible party to immediately correct the violations, the method of correction and an explanation of the consequences of failing to correct the violations.

5. The amount of the penalty for the Code violation and the consequences of failure to pay the penalty.

6. A description of the penalty payment process, including a description of the time within which, and the place to which, the penalty will be paid.

7. Identification of appeal rights.

(Ord. No. 2245, § 2, 3-24-2003)

Prior to the issuance of an administrative citation for a violation which pertains to building, plumbing, electrical, or similar structural or zoning matters and that does not create an immediate danger to health or safety, the enforcement officer will provide a reasonable period of time of not less than five (5) business days, to correct or otherwise remedy the violation.

(Ord. No. 2245, § 2, 3-24-2003)

A. All administrative citation penalties assessed will be payable to the City through its Finance Director within thirty (30) days from the date of the administrative citation.

B. Payment of the administrative citation penalty will not excuse the failure to correct the violations nor will it bar further enforcement action by the City.

C. If the responsible party fails to correct the violations, subsequent administrative citations may be issuance for the same violations. The amount of the administrative citation penalty will increase at the rate specified by resolution of the City Council.

(Ord. No. 2245, § 2, 3-24-2003)

A. The failure of any person to pay the penalties assessed by an administrative citation or sustained by an administrative hearing officer within the specified time may result in the City filing a claim with the Superior Court of California, County of San Mateo, Small Claims Division or other appropriate division. Administrative citation fines and any amounts sustained by the administrative hearing officer are a debt owned to the City.

B. Any person who fails to pay to the City any administrative citation penalty imposed pursuant to the provisions of this Section on or before the date that the administrative citation is due will also be liable for the payment of any applicable late payment charges set forth in the schedule of administrative fines and other administrative penalties.

C. The City may collect any past due administrative citation fine or late payment charge by use of any available legal means. The City may recover its collection costs.

D. If the violation concerns the condition of real property, moneys owed may be collected by means of a lien against the real property on which the violation occurred in accordance with Section 1.45.

E. Unless a Hearing request has been filed, the failure of any person to pay any fine amount pursuant to Section 1.20 of this Article within thirty (30) days from the date of service of the administrative citation will result in a delinquency penalty as established by resolution of the City Council.

(Ord. No. 2245, § 2, 3-24-2003)

A. Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the City within ten (10) days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for advance deposit hardship waiver has been filed pursuant to subsection E of this Section 1.20.6.

B. A request for hearing form may be obtained from the Finance Department, Revenue Services Division, or the department specified on the administrative citation.

C. The person requesting the hearing will be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.

D. If the enforcement officer submits an additional written report concerning the administrative citation to the administrative hearing officer at the hearing, then a copy of that report will also be served on the person requesting the hearing at least five (5) days prior to the date of the hearing.

E. ADVANCE DEPOSIT HARDSHIP WAIVER:

1. Any person who intends to request a hearing to contest that there was a violation of the Code or that he or she is the responsible party and who is financially unable to make the advance deposit of the fine as required may file a request for an advance deposit hardship waiver.

2. The request will be filed with the Finance Department on an advance deposit hardship waiver application form available from the Finance Department, within ten (10) days of the date of the administrative citation.

3. The requirement of depositing the full amount of the fine as required will be stayed unless or until the Finance Department makes a determination not to issue the advance deposit hardship waiver.

4. The Finance Department may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the Finance Department a certified affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the Finance Department the person's actual financial inability to deposit with the City the full amount of the fine in advance of the hearing.

5. The Finance Department will issue a written determination listing the reasons for the determination to issue or not issue the advance deposit hardship waiver within ten (10) days of receipt of request for waiver. The written determination of the Finance Department will be final.

6. The written determination of the Finance Department will be served upon the person who applied for the advance deposit hardship waiver.

7. If the Finance Department determines not to issue an advance deposit hardship waiver, the person will remit the deposit to the City within ten (10) days of the date of that decision.

F. HEARING PROCEDURE:

1. No hearing to contest an administrative citation before an administrative hearing officer will be held unless the fine has been deposited in advance or an advance deposit hardship waiver has been issued.

2. A hearing before the administrative hearing officer will be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing if filed.

3. The party contesting the administrative citation may request one continuance for any reason, in writing, not less than twenty-four (24) hours in advance of the scheduled hearing. The deferred hearing will not be deferred more than ninety (90) days after the request for hearing was made. A request for continuance made less than twenty-four (24) hours before the scheduled hearing may be granted by the administrative hearing officer based on exigency only.

4. At the hearing, the party contesting the administrative citation will be given the opportunity to testify and to present evidence concerning the administrative citation.

5. The administrative citation and any additional report submitted by the enforcement officer will constitute prima facie evidence of the respective facts contained in those documents.

6. The administrative hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing written decision.

7. Additional administrative citation hearing procedures are set forth below in Section 1.40.

G. ADMINISTRATIVE HEARING OFFICER'S DECISION:

1. After considering all of the testimony and evidence submitted at the hearing, the administrative hearing officer will, within fourteen (14) days following the conclusion of the hearing, make findings and issue a written decision regarding; a) the existence of the violation; and b) the extent of compliance with order. The decision of the administrative hearing officer will be final upon service on the responsible party, subject only to judicial review as allowed by law.

2. The findings will be supported by evidence received at the hearing.

3. If the administrative hearing officer determines from a preponderance of the evidence that the contestant committed the violation charged in the administrative citation, the amount assessed by the administrative hearing officer will become a debt to the City collectable through the processes provided herein. The amount deposited with the City pursuant to Section 1.20.6 F will be applied to the amount assessed by the administrative hearing officer. Any excess will be refunded.

4. If the administrative hearing officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the administrative hearing officer will set forth in the decision a payment schedule for the fine.

5. If the administrative hearing officer determines that the administrative citation should not be sustained, the City will promptly process a refund of the amount of the deposited administrative penalty.

6. The recipient of the administrative citation will be served with a copy of the administrative hearing officer's written decision within ten (10) calendar days following its issuance.

7. The employment, performance evaluation, compensation and benefits of the administrative hearing officer will not be directly or indirectly conditioned upon the amount of administrative citation fines and/or other penalties upheld by the administrative hearing officer.

(Ord. No. 2245, § 2, 3-24-2003)

The administrative hearing officer may impose administrative citation penalties in an amount not to exceed the maximum provided in the schedule of administrative fines and other penalties adopted by Council resolution in effect on the date when the violation occurred.

(Ord. No. 2245, § 2, 3-24-2003)

The administrative hearing officer may assess administrative costs against the violator when the administrative hearing officer determines that a violation has occurred and that compliance was not achieved by the date of commencement of the hearing.

(Ord. No. 2245, § 2, 3-24-2003)

Any person subject to a decision of the administrative hearing officer may obtain review of the decision in the appropriate court pursuant to the provisions of California Government Code Section 53069.4 as that section may be amended from time to time. The administrative citation will provide notice of this right of judicial review and the time allowed therefore by law.

(Ord. No. 2245, § 2, 3-24-2003)

The assessment of administrative civil penalties established in this Article is in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of the Municipal Code.

(Ord. No. 2245, § 2, 3-24-2003)

A. Any person violating any provision of the Municipal Code may be subject to the assessment of administrative civil penalties pursuant to the procedures provided in this Article.

B. For the purposes of administrative civil penalties, each and every day a violation of any provision of the Municipal Code exists constitutes a separate and distinct violation.

C. Administrative civil penalties may be directly assessed by means of an administrative civil penalties notice and order issued by an enforcement officer. Administrative civil penalties may be recovered by assessment of a lien or subsequent legal action brought by the City.

D. Administrative civil penalties for violations of any provision of the Municipal Code will be assessed at a daily rate determined by the enforcement officer or by the administrative hearing officer pursuant to the criteria listed in Section 1.30.4 of this Article. The maximum rate of administrative civil penalties will be as provided for by resolution of the City Council.

(Ord. No. 2245, § 2, 3-24-2003)

A. Whenever an enforcement officer determines that a violation of one or more provisions of this Code, the City Zoning Ordinance, any regulations adopted under the authority of this Code, or applicable State Code has occurred or continues to exist, a written administrative civil penalties notice and order, also known as a "compliance order" or a "notice and order" may be issued to the responsible party.

B. The administrative civil penalties notice and order will refer to all code sections violated and described how each section is or has been violated.

C. The administrative civil penalties notice and order will refer to the dates and locations of the violations.

D. The administrative civil penalties notice and order will describe all remedial action required to permanently correct outstanding violations and establish time frames completion.

E. The administrative civil penalties notice and order will establish a daily amount of administrative civil penalties. The enforcement officer will determine the daily amount of administrative civil penalties pursuant to the criteria in Section 1.30.4 of this Article.

F. The administrative civil penalties notice and order will identify a date when the penalties began to accrue and a date when the assessment of penalties ended, unless the violation is continuous. In the case of continuous violations, there will be an ongoing assessment of administrative civil penalties at the daily rate established in the administrative civil penalties notice and order until the violations are corrected.

G. If the enforcement officer determines that the violations are of a continuous nature, the administrative civil penalties notice and order will demand that the responsible party cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate City departments.

H. The administrative civil penalties notice and order will enumerate any other consequences should the responsible party fail to comply with the terms and deadlines as prescribed in the administrative civil penalties notice and order.

I. The administrative civil penalties notice and order will be served upon the responsible party by any one of the methods of service as set forth on Section 1.10.4.

J. The notice and order will identify the factors used by an enforcement officer in determining the duration and daily amount of administrative civil penalties.

K. More than one notice and order may be issued against the same responsible party if it encompasses either different dates, different violations, or different locations.

(Ord. No. 2245, § 2, 3-24-2003)

A. In determining the date when administrative civil penalties start to accrue, an enforcement officer may consider the date when the City first discovered the violation as evidenced by the issuance of a notice of violation or any other written correspondence.

B. The assessment of administrative civil penalties will end when all action required by the administrative civil penalties notice and order has been completed.

C. In determining the amount of the administrative civil penalties to be assessed on a daily rate, an enforcement officer may consider some or all of the following factors:

1. The duration of the violation.

2. The frequency of recurrence of the violation.

3. The seriousness of the violation.

4. The history of the violation.

5. The responsible party's conduct after issuance of the notice and order.

6. The good faith effort by the responsible party to comply.

7. The economic impact of the penalty on the responsible party.

8. The impact of the violation upon the community.

9. Any other factors that justice may require.

D. The City Manager has the authority to establish a penalty schedule and procedures for enforcement officers or for administrative civil penalties in appropriate cases.

E. The maximum amount of administrative penalties will be set forth by resolution of the City Council.

(Ord. No. 2245, § 2, 3-24-2003)

An enforcement officer or administrative hearing officer is authorized to assess any reasonable administrative costs. Administrative costs may include scheduling and processing of the hearing and all subsequent actions related to the hearing.

(Ord. No. 2245, § 2, 3-24-2003)

An enforcement officer will request the City Manager to appoint an administrative hearing officer and to establish a date, time and place for the administrative civil penalties hearing in accordance with this Section 2.3 when the responsible party fails to comply with the terms of the notice and order. Failure to comply includes failure to pay the assessed administrative civil penalties, failure to commence and complete corrections by the established deadlines or failure to refrain from continuing violations of the Municipal Code.

(Ord. No. 2245, § 2, 3-24-2003)

A. The procedures for the administrative civil penalties hearing are set forth in Section 2.4 below.

B. The administrative hearing officer will only consider evidence that is relevant to the following issues:

1. Whether the responsible party has caused or maintained a violation of the Municipal Code that existed on the dates specified in the notice and order; and

2. Whether the amount of the administrative civil penalties assessed by the enforcement officer pursuant to the procedures and criteria outlined in this Section was reasonable.

(Ord. No. 2245, § 2, 3-24-2003)

A. Once all evidence and testimony are completed, the administrative hearing officer will issue an administrative civil penalties enforcement order which affirms or rejects the enforcement officer's administrative civil penalties notice and order or which modifies the daily rate or duration of the administrative civil penalties depending upon the review of the evidence. The administrative hearing officer may increase or decrease the total amount of civil penalties and costs that are assessed by the enforcement officer's administrative civil penalties notice and order.

B. The administrative enforcement order will become final on the date of service of the order.

C. The administrative enforcement order will be served on all parties by any one of the methods listed in Section 2.1.4 of this Article.

D. The administrative hearing officer may issue an administrative civil penalties enforcement order that requires the responsible party to stop violating the Municipal Code and to make necessary corrections.

E. As part of the administrative civil penalties enforcement order, the administrative hearing officer may establish specific deadlines for the payment of penalties and costs and condition the total or partial assessment of administrative civil penalties on the responsible party's ability to complete compliance by specified deadlines.

F. The administrative hearing officer may issue an administrative civil penalties enforcement order which imposes additional administrative civil penalties that will continue to be assessed until the responsible party complies with the administrative hearing officer's decision and corrects the violation.

G. The administrative hearing officer may schedule subsequent review hearings as may be necessary or as required by a party to the hearing to ensure compliance with the administrative civil penalties enforcement order.

(Ord. No. 2245, § 2, 3-24-2003)

A. Upon the failure of the responsible party to comply with the terms and deadlines set forth in the administrative civil penalties enforcement order, the City may use all appropriate legal means to recover the administrative civil penalties, administrative costs and obtain compliance with the administrative civil penalties enforcement order, including recordation of a lien pursuant to the provisions of Section 2.5.

B. After the administrative hearing officer issues an administrative civil penalties enforcement order, the enforcement officer will monitor the violations and determine the status of compliance.

C. The failure of any person to pay an administrative civil penalty within thirty (30) days from the date of service of the enforcement order will result in a delinquency penalty as established by separate resolution of the City Council.

(Ord. No. 2245, § 2, 3-24-2003)

If the enforcement official determines that compliance has been achieved after a compliance order has been issued by the enforcement official following a hearing, the enforcement official will give notice to each party to whom the compliance order was addressed indicating that compliance has been achieved.

(Ord. No. 2245, § 2, 3-24-2003)

A. If the enforcement official does not file a report of compliance, a violator who contends that compliance with an administrative order has been achieved may request a compliance hearing before the City Manager or designee by filing a request for a hearing with the enforcement official issuing the administrative compliance order.

B. The compliance dispute hearing will be noticed and conducted in the same manner as a hearing on an administrative citation provided in Sections 2.2 and 2.4 of this Article.

C. The City Manager or designee will determine if compliance has been achieved and, if so, when it was achieved. The decision of the City Manager or designee will be final, subject only to judicial review as provided by law. The decision will provide notice of the right of judicial review and the time allowed therefore by law.

D. The notice of hearing will be served by any of the methods of services listed in Section 2.1.4 of this Article.

(Ord. No. 2245, § 2, 3-24-2003)

Once an administrative enforcement order becomes final as provided in this Article the time in which judicial review of the order must be sought will be governed by California Code of Civil Procedure section 1094.6 as that section may be amended from time to time.

(Ord. No. 2245, § 2, 3-24-2003)

It is unlawful for a party to an administrative enforcement hearing who has been served with a copy of the final administrative enforcement order, pursuant to this Article, to fail to comply with the final administrative enforcement order. Failure to comply with a final administrative enforcement order may be prosecuted as an infraction or misdemeanor at the discretion of the City Attorney.

(Ord. No. 2245, § 2, 3-24-2003)

This Section establishes the procedures for conducting administrative hearings.

(Ord. No. 2245, § 2, 3-24-2003)

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 enforcement action. Due process of law includes: adequate notice, an opportunity to participate in the administrative hearing and an adequate explanation of the reasons justifying the administrative enforcement action. These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised in any administrative enforcement action.

The City Manager is authorized to develop policies and procedures relating to the qualifications, appointment and compensation of administrative hearing officers, administrative hearing officer powers, hearing procedures, scope of hearing, and other matters relating to administrative enforcement hearings.

(Ord. No. 2245, § 2, 3-24-2003)

A. Where an administrative enforcement remedy or proceeding authorized by this Article provides for an administrative hearing, the enforcement officer may request the City Manager, or his/her designee, to appoint an administrative hearing officer and to schedule a day, time and place for the hearing.

B. Written notice of the time and place of the hearing will be served at least ten (10) calendar days prior to the date of the hearing on the responsible party.

C. The format and contents of the hearing notice will be in accordance with rules and policies promulgated by the City Manager or his/her designee.

D. The notice of hearing will be served by any of the methods of services listed in Section 2.1.4 of this Article.

(Ord. No. 2245, § 2, 3-24-2003)

Any person designed to serve as an administrative hearing officer is subject to disqualification for bias, prejudice, interest, or for other reasons for which a judge may be disqualified in a court of law. Rules and procedures for the disqualification of an administrative hearing officer will be promulgated by the City Manager or his/her designee.

(Ord. No. 2245, § 2, 3-24-2003)

A. The administrative hearing officer may continue a hearing based on good cause shown by one of the parties to the hearing or if the administrative hearing officer independently determines that due process has not been adequately afforded.

B. The administrative hearing officer has continuing jurisdiction over the subject matter of an administrative hearing for the purposes of granting a continuance, ensuring compliance with an administrative enforcement order, modifying an administrative enforcement order, or where extraordinary circumstances exist granting a new hearing.

(Ord. No. 2245, § 2, 3-24-2003)

A. Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing will follow the procedures promulgated by the City Manager or his/her designee.

B. The City bears the burden of proof at an administrative hearings to establish the existence of a violation of the Municipal Code.

C. The standard of proof to be used by the administrative hearing officer in deciding the issues at an administrative hearing is by a preponderance of the evidence.

D. Each party will have the opportunity to cross-examine witnesses and present evidence in support of his or her case.

(Ord. No. 2245, § 2, 3-24-2003)

Any party whose property or actions are the subject of an administrative hearing and who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing provided that proper notice of the hearing as required by this Section has been provided.

The failure of any recipient of an administrative citation to appear at the administrative hearing will constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

(Ord. No. 2245, § 2, 3-24-2003)

The City may collect the assessed administrative penalties and/or administrative costs by use of all available means, including recordation of a lien pursuant to the provisions of this Article.

(Ord. No. 2245, § 2, 3-24-2003)

A. Whenever the amount of any administrative penalty and/or administrative cost imposed pursuant to this Article in connection with real property has not been satisfied in full within ninety (90) days after the administrative penalty and/or administrative cost imposition becomes final, this obligation may constitute a lien against any real property involved where any violation was determined to concern the condition of that real property.

B. Once recorded, an administrative order will have the force and effect and priority of a judgment lien governed by the provisions of Section 697.340 of the California Code of Civil Procedure and may be extended as provided in Sections 683.110 through 683.200 of the California Code of Civil Procedure.

C. Interest will accrue on the principal amount of the judgment remaining unsatisfied pursuant to law.

D. Prior to recording any such lien, the Finance Director will prepare and file with the City Clerk a report stating the amounts due and owing.

E. The City Clerk will fix a time, date, and place for hearing such report and any protests or objections thereto by the City Council.

F. The Finance Director will cause written notice to be served on each property owner whose interest is disclosed by the current county equalized assessment roll not less than ten (10) calendar days prior to the time set for the hearing.

(Ord. No. 2245, § 2, 3-24-2003)

A. Any person owning a legal or equitable interest in real property proposed to be subject to a lien pursuant to this Article may file a written protest with the City Clerk and/or may protest orally at the City Council hearing.

B. Each written protest or objection must contain a description of the property in which the protesting party has a legal or equitable interest and the grounds of such protest or objection. The grounds for protest or objection, and any evidence or testimony submitted in support or in opposition to the imposition of a lien, will be confined to whether the amount of any administrative penalty and/or administrative cost imposed was satisfied in full within the time allowed by law and/or successfully challenged by a timely writ of mandate.

C. The City Council, after the hearing, will adopt a resolution confirming, discharging, modifying the amount of lien based upon evidenced produced at the hearing.

(Ord. No. 2245, § 2, 3-24-2003)

Within thirty (30) calendar days following the adoption of a resolution by the City Council imposing a lien, the City Clerk will file the same as a judgment lien in the office of the County Recorder of San Mateo County. The lien may carry such additional administrative charges as set forth by resolution of the City Council.

(Ord. No. 2245, § 2, 3-24-2003)

Once payment in full is received by the City for outstanding penalties and costs, the City Clerk will either record a notice of satisfaction or provide any property owner or financial institution having a legal or equitable interest in the property with a notice of satisfaction so they may record this notice with the office of the County Recorder. Such notice of satisfaction will cancel the City's lien.

(Ord. No. 2245, § 2, 3-24-2003)