Rohnert Park Municipal Code Ch. 1.24 Administrative Citation Program

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Editor's note— Ord. No. 986, § 4(Exh. A), adopted Jan. 28, 2025, repealed the former Ch. 1.24, §§ 1.24.010—1.24.220, and enacted a new Ch. 1.24 as set out herein. The former Ch. 1.24 pertained to nuisance abatement, and derived from Ord. No. 852, § 2.A.(Exh. 1), adopted Dec. 11, 2012; and Ord. No. 942, § 6, adopted Jan. 28, 2020.

The purpose and intent of this chapter is to set forth a clear process by which the city may issue administrative citations, in addition to any and all other legal remedies, to address violations of any section of this code.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. Enforcement of the Rohnert Park Municipal Code (hereinafter, "code") throughout the city is an important public service and is vital to the protection of the public's health, safety and quality of life. A comprehensive code enforcement system uses a combination of judicial and administrative remedies to gain compliance with code regulations. This chapter outlines precise regulations that can be effectively applied in judicial and administrative proceedings and further establishes uniform procedures for the proper application of administrative code enforcement remedies and administrative hearings to resolve administrative code enforcement cases and appeals.

B. It is the purpose and intent of this code 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 of the violation and enforcement remedy chosen by the city, an adequate explanation of the reasons justifying the administrative enforcement action taken by the city, and an opportunity to participate in the appropriate administrative enforcement or appeal hearing. These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised by any administrative enforcement action.

C. The administrative citations provided for in this chapter are an additional enforcement remedy to all other legal remedies, criminal or civil, which may be pursued by the city, to address any violation of this code or other public nuisance. Nothing in this chapter shall be deemed a waiver of any other enforcement remedies found within this code.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

Unless the context clearly indicates to the contrary, the terms used in this chapter shall have the same meaning as provided for in Chapter 1.23 of this code.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. When the code violation(s) pertain to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety, the offender shall have a minimum of fifteen calendar days to correct or otherwise remedy the code violation, unless a shorter period of time is deemed necessary by the city to prevent or remedy an immediate threat to the health and safety of the public or occupants of a structure, prior to the issuance of an administrative citation and the imposition of a fine. A correction period longer than fifteen calendar days may be granted if deemed necessary by the compliance officer.

B. For all other violations not relating to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety, the offender shall have a reasonable time period, as determined by the compliance officer, to correct or otherwise remedy the code violation.

C. Upon discovery of code violation(s), the compliance officer shall issue a pre-citation notice to the offender and/or property owner in accordance with the provisions for service of notices set forth in Section 1.23.060 of this code.

D. To the extent the following information is reasonably available to the compliance officer, the pre-citation notice shall:

1. State the date the pre-citation notice is issued;

2. State the date the violation(s) were discovered by the compliance officer;

3. State the offender's name, date of birth, driver's license number or State-issued identification number, physical description, and current residential address and/or mailing address;

4. State the address or provide a definite physical description of the location where the violation(s) occurred;

5. Reference the code section(s) violated and describe how the offender violated the code section(s);

6. Describe the action(s) necessary to correct the violation(s) and state the final compliance date by which time the correction must be made;

7. Include a statement that a failure to correct the violation(s) within the specified compliance date may result in an administrative citation being issued, and the amount of the fine to be imposed;

8. Provide a statement that if the violator believes the notice to be in error, that contact should be made with the compliance officer issuing the pre-citation notice to discuss the matter. The compliance officer may refer any such discussion to a supervisor or department director;

9. Include the name and signature of the compliance officer.

E. At the end of the compliance period, the compliance officer shall inspect the site of the code violation. If the offender does not adequately correct the code violation(s) within the compliance period, or if the same violation reoccurs within twelve months from the date the pre-citation notice is issued, the compliance officer may immediately issue the offender an administrative citation pursuant to Section 1.24.050.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. Issuance of Administrative Citation. The compliance officer, upon discovering that any responsible party, as defined in Section 1.23.020(DD) of this code (hereinafter referred to as "offender"), has committed a code violation(s) and at the end of the compliance period, may issue an administrative citation to the offender in the manner described in this chapter. The administrative citation shall be issued in accordance with provisions for service of notices set forth in Section 1.23.060 of this code.

B. Contents of the Administrative Citation. To the extent the following information is reasonably available to the compliance officer, the administrative citation shall be issued in a form approved by the city manager, or their designee, and shall include:

1. The date the administrative citation is issued;

2. The date the violation(s) were discovered by the compliance officer;

3. The offender's name, date of birth, driver's license number or State-issued identification number, physical description, and current residential address and/or mailing address;

4. The address or a definite physical description of the location where the violation(s) occurred;

5. The code section(s) violated and describe how the offender violated the code section(s);

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

7. Explanation of how the offender must pay the fine, including the location and manner, as well as the time period by which the fine must be paid and the consequences of failure to pay the fine;

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

9. The administrative citation appeal process and procedure for obtaining an administrative appeal hearing. Specifically, notice that the offender must make a written request in the form and manner described upon the administrative citation within fifteen calendar days from the date the administrative citation is issued and that the offender will be notified by mail of the date of the hearing;

10. Include a warning that a failure to pay the fine or request and appear at an administrative hearing shall result in the penalties described in Section 1.24.060, including a description of the penalties; and

11. The name and signature of the compliance officer.

C. Each and every day or portion thereof that a violation of this code occurs or continues shall constitute a new, separate and distinct violation subject to administrative citation and administrative fines or fees in accordance with this chapter.

D. Voided or cancelled administrative citations. Administrative citations, once issued, shall only be voided or cancelled under the specific circumstances provided for herein:

1. The compliance officer makes a significant error in preparing the administrative citation, such as an incorrect date, incorrect offender information, incorrect violations cited, or incorrect fine amount;

2. The administrative citation is voided or cancelled by the hearing officer as part of an administrative order resulting from a hearing held pursuant to Section 1.23.060.

Any individual ordering or otherwise voiding or cancelling an administrative citation under any circumstances not specifically provided for herein is guilty of a misdemeanor.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

Administrative fines or penalties may be provided in the form of a fine or penalty resolution established by the city council for specific individual violations or categories of violation. Where an administrative fine or penalty has not been established by resolution of city council for a specific violation or category of violations, the applicable administrative fine or penalty shall be the maximum fine amounts for infractions set forth in subdivision (b) of Government Code Section 36900.

A. Payment. If the offender does not make a timely request for an appeal hearing with the required deposit as set forth in Section 1.24.070, he or she must pay the full amount designated on the administrative citation within twenty-one calendar days from the date the citation is issued. Payments of administrative fines shall be made in the manner and form directed on the administrative citation. If no such direction is provided, administrative fines shall be sent to the city's finance department. Failure to timely pay fines shall subject the offender to late charges in Section 1.24.110 of this code. In addition, willful failure to pay fines that are due shall, after sixty days of delinquency, constitute a separate violation chargeable as a misdemeanor.

B. No Waiver. Under no circumstances shall the payment of the fine designated in the administrative citation constitute a waiver of the offender's right to a hearing. Therefore, an offender may pay the fine within the fifteen-day appeal period and also obtain a hearing to protest the imposition of the fine, provided that the offender makes a timely request for an appeal hearing.

C. Obligation to Correct Violation. Nothing in this code shall be interpreted to mean that because an offender has paid the fine that they are not required to correct the code violation(s). Failure to correct the code violations may result in additional administrative citations.

D. Refund of Payments. Any administrative citation fine, fee or penalty paid pursuant to subsection A of this section shall be refunded in accordance with Section 1.24.100(C)(1) if it is determined, after an appeal hearing, that the person charged in the administrative citation was not responsible for the violation, that there was no violation as charged in the administrative citation, or a modification to the amount owed was made.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. The offender may make a written request for an administrative citation appeal hearing ("hearing"), in the manner provided for on the citation form, within fifteen calendar days from the mailing or personal service date of the administrative citation. The offender may contest an administrative citation on the grounds that the violation did not occur, that the violation was corrected prior to issuance of the citation, or that they are not the responsible party with regard to the violation. A deposit in the same amount as the fine designated on the administrative citation must accompany the request for hearing and be filed with the city clerk within fifteen calendar days from the mailing or personal service date of the administrative citation. Incomplete requests shall not be accepted.

B. Advance Deposit Hardship Waiver. The city manager or their designee may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits a sworn declaration, in the manner provided for on the citation form, together with any supporting evidence demonstrating the person's actual financial inability to deposit the full amount of the fine in advance of the hearing.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. An administrative citation appeal hearing ("hearing") shall occur at the time and place designated in the notice of hearing, which shall be served in accordance with Section 1.23.060 of this code. Notwithstanding the foregoing, no hearing to contest an administrative citation shall be held unless the fine has been deposited in advance in accordance with Section 1.24.070(A) or an advance deposit hardship waiver has been obtained in accordance with Section 1.24.070(B).

B. The decision maker shall hear and consider all relevant evidence, including, but not limited to, applicable staff reports, oral, physical and documentary evidence regarding the alleged violation.

C. Admission of evidence and the conduct of the hearing shall be controlled by the decision maker in accordance with the fundamentals of due process. The decision maker may, among other things, set reasonable limits on the length of the hearing; limit the number of witnesses to testify for each side where their testimony would be unduly burdensome or cumulative or repetitive in nature; limit or exclude any abusive, argumentative, repetitive or otherwise irrelevant testimony; and place reasonable limits on the right to cross-examine and present evidence.

D. The compliance officer shall bear the burden of proving by a preponderance of the evidence that violation(s) of the code exist, or, in the case of administrative citations, that the violation(s) existed at the time the administrative citation was issued.

E. The administrative citation and any report submitted by the compliance officer to the decision maker shall constitute prima facie evidence of the respective facts contained in those documents.

F. Oral evidence may be given under on oath or affirmation.

G. The responsible party may be represented by anyone of their choice or may represent themselves.

H. The hearing is intended to be informal in nature. Formal rules of the California Evidence Code and discovery shall not apply.

I. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

The failure to appear at a scheduled hearing without prior notice and request for continuance shall constitute a waiver of the right to a hearing. A person's failure to appear at the administrative hearing shall be presumed an admission to the violation indicated in the enforcement action, and such person will forfeit any fine deposit submitted.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. Issuance of Administrative Decision. After considering all of the testimony and evidence submitted at the hearing, within ten calendar days after the conclusion of the hearing, the decision maker shall issue a written decision in the form of an administrative order upholding, modifying, or cancelling the administrative citation. The decision maker shall state in the administrative decision the reasons for that decision, including the factual findings and conclusions made by the decision maker. The decision of the decision maker shall be final.

B. Service of Administrative Decision. The administrative decision shall be served in accordance with Section 1.23.060 of this code. Copies of the administrative decision shall be sent to the property owner, responsible party, compliance officer and the city clerk.

C. Refunds and Payments of Fines.

1. If the decision maker determines that the administrative citation should be canceled or modified, then the city shall promptly refund the fine deposit, or modified portion thereof.

2. If the decision maker determines that the administrative citation should be upheld or amended, the decision maker shall determine the amount of fine to be imposed. Any fine deposit shall be retained to meet the amount imposed. In cases of an approved hardship waiver, or outstanding fines or penalties, the decision maker shall specify a date by which the fine or penalty is to be paid to the city.

D. Limitations on Filing Judicial Action. The administrative decision shall include a statement that the person may seek judicial review of the administrative order by doing one of the following:

1. If the administrative order imposes fines pursuant to an administrative citation, by filing a petition for review with the superior court in Sonoma County in accordance with the timelines and procedures specified in Government Code Section 53069.4. Pursuant to Government Code Section 53069.4, the appealing party shall serve a copy of the appeal notice in person or by first class mail upon the city. Appeal notices shall be sent to the city clerk. If no appeal notice is timely filed, the decision shall be final; or

2. If the administrative order imposes other obligations, including requirements for abatement, by filing a petition for a writ of mandate pursuant to Code of Civil Procedure Section 1094.5. The administrative order shall state that judicial review must be filed no later than ninety days after the date of the decision in accordance with the Code of Civil Procedure Section 1094.6.

3. Pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6, any action appealing the city's final decision and order shall be commenced within ninety calendar days of the date the decision becomes final.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)

A. Liability for Late Charges. Any person who fails to pay the city any fine, fee or penalty imposed pursuant to the provisions of this code on or before the date that the fine, fee or penalty is due shall be liable for the payment of any applicable late payment charges as set forth in the administrative fees and fines schedule as may be adopted by the city council, or as may otherwise be provided for in this code.

B. Debt to City. All unpaid fines, fees and penalties, and late charges assessed shall be a debt to the city and subject to all remedies for debt collection allowed by law.

C. Collection Process.

1. Any person who fails to pay the city any fine, fee, or penalty imposed pursuant to the provisions of this code on or before the date that the fine, fee, or penalty is due is subject to the collection process provided in this code.

2. Whenever a notice is required to be given under this chapter, such notice may be given pursuant to the methods listed in Section 1.23.060.

3. A first notice of debt owed will be given to the debtor to pay all amounts owed to the city by the date indicated in the notice.

4. A second notice of debt owed will be given to the debtor if the amount owed is not paid by the date set in the first notice. The amount owed in the second notice will be owed by the date indicated in the notice.

5. If the amount owed to the city is not received by the date indicated in the second notice, the debt will be collected by use of all available legal means.

6. Failure to receive any notice specified in this code does not affect the validity of proceedings conducted hereunder.

7. Nothing in this section shall be intended to prohibit the city from referring an outstanding debt to a collection agency or from proceeding with any other method of debt collection available to the city by law.

(Ord. No. 986, § 4(Exh. A), 1-28-2025)