Chapter 1.04 — ADMINISTRATIVE CITATIONS

Section

• 1.04.001 Applicability
• 1.04.002 Definitions
• 1.04.003 Administrative citation
• 1.04.004 Service of administrative citation
• 1.04.005 Amount of fines
• 1.04.006 Payment of fine
• 1.04.007 Request for hearing
• 1.04.008 Advance deposit or hardship waiver
• 1.04.009 Hearing officer
• 1.04.010 Hearing procedure
• 1.04.011 Hearing officer’s decision
• 1.04.012 Late payment charges
• 1.04.013 Recovery of administrative citation fines, late payment charges and collection costs
• 1.04.014 Right to judicial review
• 1.04.015 Service

(A) This chapter provides for administrative citations and fines which are in addition to all other civil or criminal legal remedies, which the county may pursue to address any violation of the San Benito County Code. (B) The use of this chapter shall be at the county’s sole discretion.

(C) County staff may prepare a procedures manual which provides additional guidance for implementing the administrative citation program consistent with the provisions of this chapter. (Ord. 917, § 1(part), 2013; Ord. 1,010, § 2(part), 2020; Ord. 1073, § 3 (part), 2024)

For purpose of this chapter the following definitions shall apply: ADMINISTRATIVE CITATION. A citation issued pursuant to this chapter, stating that one or more violations of this code has occurred and stating the amount of the administrative penalty to be paid by the responsible party. ADMINISTRATIVE COSTS. All costs incurred by or on behalf of the county from the first discovery of the violation of this code through the appeal process and until compliance is achieved, including but not limited to, staff time in investigating the violation, inspecting the property where the violation occurred, preparing investigation reports, sending notices, preparing for and attending any appeal hearing, telephone contacts, and correspondence. ADMINISTRATIVE COSTS shall not include attorney’s fees. DIRECTOR. The director of any county department or his or her designated representative responsible and authorized to enforce county codes and ordinances. CLERK OF THE BOARD. The Clerk of the Board or designee. CODE. The San Benito County Code, the Codified Ordinances of San Benito County, including all pertinent provisions of state codes as from time to time adopted and incorporated therein, enacted by the Board of Supervisors of the County of San Benito. COUNTY. The County of San Benito, a political subdivision of the State of California. COUNTY ADMINISTRATIVE OFFICER. The County Administrative Officer or designee. ENFORCEMENT OFFICER. The director of a county department or any county employee or agent of the county with the authority granted by a resolution of the Board of Supervisors to enforce any provision of this code or county ordinance through the administrative citation process. HEARING OFFICER. Any person designated to preside over an administrative hearing provided for in this chapter. The hearing officer shall not be the citing enforcement officer. PERSON. Without limitation, any natural person, firm, association, club, organization, corporation, partnership, business, business trust, company or other entity, which is recognized by law as the subject of rights or duties. PERSON shall include any “responsible party” as defined below. RESPONSIBLE PARTY. For the purpose of this chapter, RESPONSIBLE PARTY shall mean: (1) Each person, other than a minor, who commits or causes a violation of this code to occur, exist, or continue; (2) Each person who is the parent or legal guardian of the minor person who commits or causes a violation of this code to occur, exist, or continue; (3) Each person who has a legal or equitable ownership interest in any parcel of real property located within the unincorporated area of the County of San Benito and who commits, causes, or otherwise allows the violation of any provision of this code to occur, exist, or continue on such parcel; (4) Each person who, although not an owner, nevertheless has a legal right or legal obligation to exercise possession and control over any parcel of real property located within the unincorporated area of the County of San Benito and who commits, causes, or otherwise allows the violation of any provision of this code to occur, exist, or continue on such parcel; and (5) In addition to the business entity itself, each person who is an owner of that business entity in those cases in which the commission, occurrence, existence, or continuation of the violation of any provision of this code is most reasonably attributable to that business entity and not to an employee of that business entity. (Ord. 917, § 1(part), 2013; Ord. 1073, § 3 (part), 2024)

(A) Whenever an enforcement officer determines that a violation of this code has occurred, the enforcement officer shall have the authority to issue administrative citations, in accordance with Cal. Gov’t Code § 53069.4 and this section, to any person(s) responsible for any violation(s) of this code, including but not limited to those violations not occurring in the presence of the enforcing officer issuing the citation where the issuing officer determines through investigation that the responsible party committed, caused, allowed, or is otherwise responsible for the violation. (B) Each administrative citation shall contain the following information: (1) The date, or approximate date, of the violation;

(2) The address or a definite description of the location where the violation occurred; (3) The code or ordinance sections of the code violated and a description of the violation; (4) A description of how the violation can be corrected; (5) The amount of the fine for the code violation; (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) An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation; (8) A description of the administrative citation review process, including the time within which the administrative citation may be contested by submitting a request for hearing form; and (9) The name and signature of the citing enforcement officer. (C) Except as provided in § 1.04.005(E), prior to the issuance of an administrative citation for a violation that does not create an immediate danger to health or safety, the enforcement officer shall provide a reasonable period of time not less than ten business days to correct or otherwise remedy the violation. (Ord. 917, § 1(part), 2013; Ord. 1,010, § 1(part), 2020; Ord. 1073, § 3 (part), 2024)

(A) Personal service. The enforcement officer, an authorized designee, may obtain the signature of the person responsible for the violation on the administrative citation. If the responsible person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent proceedings. If the responsible party is a business, and the business owner is on the premises, the enforcement officer shall attempt to deliver the administrative citation to the business owner. If the enforcement officer is unable to serve the business owner of the premises, and the enforcement officer can only locate the manager or on-site supervisor, the administrative citation may be issued in the name of the business and a copy given to the manager or on-site supervisor. A copy of the administrative citation shall also be mailed to the business owner by certified mail, return receipt requested, and by first class mail. (B) By mail as provided in this code. A copy of the administrative citation may be mailed to any person in lieu of personal service. The copy shall be mailed by certified mail, return receipt requested, and by first class mail. If a copy of the administrative citation that is sent by certified mail is returned by the United States Postal Service unsigned or marked “unclaimed” and/or “refused,” then service by first class mail shall be deemed effective provided it is not also returned by the United States Postal Service. The failure of the owner, responsible party or person of interest to receive a properly addressed citation shall not affect the validity of any proceeding under this chapter. (C) Posting. As an alternative, if service cannot be completed as specified in this § 1.04.004(A) or (B) above, or by an additional method of notice at the discretion of the county, the administrative citation may be posted in a conspicuous place on or near the property in which the owner or responsible party has a legal interest, and such posting shall be deemed effective service. The failure of the owner, responsible party or person of interest to receive any notice served in accordance with this section shall not affect the validity of any proceeding under this chapter. (Ord. 917, § 1(part), 2013; Ord. 1073, § 3 (part), 2024)

(A) The fine for a violation imposed pursuant to this chapter shall be $500 for the first occurrence of a violation, $1,000 for the second occurrence of the violation within one year, and $2,500 for the third citation and each subsequent occurrence of the same violation within one year. (B) The fine amounts shall be cumulative where multiple notices are issued. (C) A late payment charge shall be paid to the county in the amount specified in § 1.04.012 if a fine has not been paid in full to the county on the date on which it is due. (D) Notwithstanding any other part of this code, any violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements, if the violation exists as a result of or to facilitate, the illegal cultivation, manufacture, or distribution of cannabis, without the benefit of a commercial cannabis business permit issued through San Benito County, shall constitute a misdemeanor and be subject to an immediate daily fine of $10,000 commencing on the date the notice of violation is issued. (E) Notwithstanding any other part of this code, any violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements, if the violation exists as a result of or to facilitate, the illegal cultivation, manufacture, or distribution of cannabis, while in possession of a valid commercial cannabis business permit issued by the County of San Benito, shall constitute a violation of Chapters 7.02 and 19.43 of this code, and will be subject to the following fines:

(1) The fine for a violation imposed pursuant to this chapter shall be $1,000 for the first occurrence of a violation; (2) $2,000 for the second occurrence of the violation; and (3) $5,000 for the third occurrence and revocation of cannabis business permit as issued by San Benito County. (Ord. 917, § 1(part), 2013; Ord. 1,010, § 2(part), 2020; Ord. 1073, § 3 (part), 2024)

(A) The fine and any penalty shall be paid to the county within 30 days from the date of the administrative citation, in accordance with the payment instructions printed on the citation form. (B) Any administrative citation fine paid pursuant to § 1.04.006(A) shall be refunded in accordance with § 1.04.011 if it is determined, after a hearing that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation. (C) Payment of a fine and any penalty shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation, nor shall it release any person from the responsibility of correcting, removing or abating the violation; nor prevent the enforced correction, removal, or abatement of a violation by the county, its employees, agents, or representatives. (Ord. 917, § 1(part), 2013; Ord. 1073, § 3 (part), 2024)

(A) Any person receiving an administrative citation may contest the citation by completing a request for hearing form and returning it to the Clerk of the Board within 30 days from the date of the administrative citation, together with an advance deposit of the total fine or an advance deposit hardship waiver application form pursuant to § 1.04.008. The failure of any person to properly file a request for hearing within the time specified in this section shall constitute a waiver of the right to an administrative hearing and adjudication of the administrative citation or fine or any portion of the fine. (B) A request for hearing form may be obtained from the County Clerk of the Board. Any person requesting a hearing may provide the county with a mailing address to which any future notice required by this chapter may be sent. (C) The person requesting the hearing shall be notified of the time and place set for the hearing, via mail postmarked at least ten days prior to the date of the hearing, or by personal service or posting at least ten days prior to the date of the hearing. (D) If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing by personal service, posting, or by overnight mail mailed at least five days prior to the date of the hearing. (Ord. 917, § 1(part), 2013; Ord. 1073, § 3 (part), 2024)

(A) 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 or penalty as required in § 1.04.007 may file a request for an advance deposit hardship waiver which includes a sworn affidavit as described in division (C) of this section. (B) The request shall be filed with the Clerk of the Board on an advance deposit hardship waiver application form available from the Clerk of the Board’s office within 30 days of the administration citation. This request will be forwarded to the County Administrative Officer or designee for determination. (C) The County Administrative Officer may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the Clerk of the Board a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the County Administrative Officer, the person’s actual financial inability to deposit with the county the full amount of the fine in advance of the hearing. (D) In determining the cited party’s financial ability or inability to deposit the full amount of the penalty in advance, the County Administrative Officer shall consider the amount of the penalty imposed, the income of the cited party, the expenses of the cited party, and any other factors that are reasonably related to the cited party’s ability to deposit the full amount. (E) The requirement of depositing the full amount of the penalty as described in section shall be stayed unless or until the County Administrative Officer, or his or her designee makes a full determination of whether to issue the advance deposit hardship waiver. (F) If the County Administrative Officer, or his or her designee, determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the county within ten days of service of that decision. (G) The County Administrative Officer shall issue a written decision listing the reasons for the determination to issue or not issue the advance deposit hardship waiver. The County Administrative Officer’s written decision shall be final.

(H) The written decision of the County Administrative Officer shall be served upon the person who applied for the advance deposit hardship waiver. (Ord. 917, § 1(part), 2013; Ord. 1073, § 3 (part), 2024)

The County Administrative Officer, or his or her designee, shall appoint an independent hearing officer to preside over an administrative citation hearing which has been properly requested under the provisions of this chapter. (Ord. 917, § 1(part), 2013; Ord. 1073, § 3 (part), 2024)

(A) No hearing to contest an administrative citation before a hearing officer shall be held unless the fine or penalty has been deposited in advance in accordance with § 1.04.007(A) or an advance deposit hardship waiver has been approved by the County Administrative Officer, or his or her designee. (B) A hearing before the hearing officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that the request for hearing is filed in accordance with the provisions of this chapter. (C) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation. (D) The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust his or her administrative remedies. (E) The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. (F) The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the citation prior to issuing a written decision. (Ord. 917, § 1(part), 2013; Ord. 1073, § 3 (part), 2024)

(A) After considering all of the oral and written evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall list the reasons for that decision. The decision of the hearing officer shall be final. (B) If the hearing officer determines that the administrative citation should be upheld, the fine amount on deposit with the county shall be retained by the county. (C) If the 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 hearing officer shall state in the decision a due date for payment of the fine. (D) If the hearing officer determines that the administrative citation should be canceled and the fine was deposited with the county, the county shall promptly refund the amount of the deposited fine. (E) If the hearing officer determines that a violation has occurred and that compliance was not achieved, the hearing officer may assess additional administrative costs against the violator. Administrative costs may include any and all costs incurred by the county (both direct and indirect costs) in investigating and commencing administrative proceedings for the violation as well as any and all costs incurred by the county in connection with the hearing before the hearing officer, including but not limited to costs the enforcement officer incurred in preparation for the hearing and for participating in the hearing itself, and costs of the county to conduct the hearing. (F) Failure to pay administrative fines, penalties or administrative costs in the amounts specified in the administrative hearing officer’s decision on or before the date specified in that decision may result in the imposition of collection and late charges as otherwise provided for herein. (G) The recipient of the administrative citation shall be served with a copy of the hearing officer’s written decision. (Ord. 917, § 1(part), 2013; Ord. 1073, § 3 (part), 2024)

Any person who fails to pay to the county any fine or penalty imposed pursuant to the provisions of this chapter on or before the date that the fine is due also shall be liable for the payment of any applicable late payment charge as may be adopted by the Board of Supervisors by resolution. (Ord. 917, § 1(part), 2013; Ord. 1073, § 3 (part), 2024)

The county may collect any past due administrative citation fine, late payment charge(s), and its collections costs by use of all available legal means. The failure of any person to pay a fine assessed by an administrative citation or a late payment charge or collections costs related to an administrative citation, by the due date shall constitute a debt to the county. The county may seek payment of the debt by use of all available legal means, including but not limited to the following: (A) The county may refer the debt to the Auditor and controller for collection. (B) The county may file a civil action to recover the debt. (C) The county may impose a code enforcement lien upon the real property upon which the violation is located. The lien shall continue until all fines, late payment charges and other costs owed are fully paid. Any lien imposed pursuant to this chapter shall attach upon the recordation of a notice of code enforcement lien in the Office of the County Recorder. (D) Recovery through the Franchise Tax Board. (Ord. 917, § 1(part), 2013; Ord. 1073, § 3 (part), 2024)

Any person aggrieved by an administrative decision of the hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Superior Court in San Benito County in accordance with the time lines and provisions set forth in Cal. Gov’t Code § 53069.4. (Ord. 917, § 1(part), 2013; Ord. 1073, § 3 (part), 2024)

Except as otherwise specified in § 1.04.004 all decisions or notices required to be served by this chapter may be given either by personal delivery to the person to be notified or by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at the last known business or residence address as the same appears in the last equalized county assessment roll or as identified in the county records pertaining to the matter. Service by mail shall be deemed completed at the time deposit in the United States mail receptacle is made. Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder. (Ord. 917, § 1(part), 2013; Ord. 1073, § 3 (part), 2024)