San Bernardino Municipal Code Ch. 6.14 Administrative Citations

(A) The Mayor and City Council find that there is a need for an alternative method of enforcement for certain violations of Title 6 and applicable state codes. The Mayor and City Council further find that an appropriate alternative method of enforcement for animal control violations is an administrative citation program, as authorized by Cal. Gov’t Code, § 53069.4, which is consistent with the city’s authority as a charter city.

(B) The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedy established by law, which may be pursued to address violations of Title 6 or applicable state codes.

(C) It is the desire of the Mayor and City Council to secure compliance with Title 6. Such compliance is a matter of local concern and serves an important public purpose.

(D) Adoption of an administrative citation program will achieve the following goals:

(1) To protect the public health, safety and welfare of the citizens of the city;

(2) To gain compliance with Title 6 in a timely and efficient manner;

(3) To provide for an administrative procedure to request a hearing on the imposition of administrative citations and fines; and

(4) To provide an additional method to hold parties responsible when they fail or refuse to comply with the provisions of Title 6.

(Ord. MC-1469, passed 3-7-2018)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANIMAL CONTROL OFFICER or OTHER AUTHORIZED OFFICER. Any officer or employee with the authority to enforce Title 6 of the municipal code as provided in Chapter 9.90.

APPLICANT. Any responsible person who requests a hearing pursuant to § 6.14.080 herein.

RESPONSIBLE PERSON. Any of the following:

(1) Any person who causes a violation of Title 6 to occur;

(2) Any person who maintains or allows an animal violation to continue by his or her acts or failure to act; and/or

(3) Any person described below whose agent or employee causes or permits a violation to exist or to continue to exist by his or her acts or failure to act:

(a) A person who is the owner and/or a person who is a lessee or sub-lessee with the current right of possession of real property where an animal related violation occurs; or

(b) A person who is the on-site manager of a business and is responsible for the activities on such premises.

(A) Use of the administrative citation is limited to violations of Title 6.

(B) The procedures established in this section shall be in addition to any criminal, civil or any other legal remedy established by law which may be pursued to address violations of Title 6. The use of the administrative citation in place of other remedies shall be subject to the approval of the office of the City Attorney. Issuance of an administrative citation shall not be deemed a waiver of any other enforcement remedies found within this code.

(A) Any person violating any provision of Title 6 may be issued an administrative citation by an animal control officer, or other authorized officer, as provided in this chapter.

(B) Each and every day a violation of any provision of Title 6 exists constitutes a separate and distinct offense. Each section of Title 6 violated constitutes a separate and distinct violation.

(C) Any fine assessed by means of an administrative citation issued by the animal control officer, or other authorized officer, shall be payable directly to the city.

(D) Any person who receives an administrative citation shall be required to pay a fine in the following amounts:

(1) A fine not exceeding $100 for the first administrative citation;

(2) A fine not exceeding $200 for a second administrative citation for violation of the same ordinance if issued within a 12-month period; and

(3) A fine not exceeding $500 for any subsequent issued administrative citation for violation of the same ordinance within a 12-month period.

In any case where an administrative citation is issued, service of the citation shall be made by complying with the following.

(A) Personal service. The animal control officer, or other authorized officer, shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person 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 administrative citation or of subsequent proceedings; or if the responsible person cannot be contacted and personally served after reasonable efforts to do so have failed, service may be effected by certified mail.

(B) Mail and posting. The responsible person shall be served by certified mail, return receipt requested. Simultaneously, the citation shall be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail; provided the citation sent by first class mail is not returned.

(A) Each administrative citation shall contain the following information:

(1) Date, approximate time and address or definite description of the location where the violation(s) was/were observed;

(2) The Title 6 code section(s) violated and a description of the violation(s);

(3) The amount of the fine for the violation(s);

(4) An explanation of how the fine shall be paid and the time period by which it shall be paid;

(5) Identification of rights to a hearing, including the time within which the hearing may be requested;

(6) The name and signature of the animal control officer, or other authorized officer, issuing the citation; and

(7) A schedule of late fees.

(B) If the violation is one which is continuing, a notice to correct the violation and an explanation of the consequences for failing to correct the violation shall be issued concurrently with the citation.

Upon receipt of a citation, the responsible person must:

(A) Pay the fine to the city within 15 days from the issue date of the administrative citation. All fines assessed shall be payable to the city. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city; or

(B) File a request for hearing pursuant to § 6.14.080.

(A) Time to file a request for hearing. Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the City Clerk within 15 days from the date the citation is served or deemed to have been served. A failure to file a timely request for hearing shall be deemed a waiver of the right to a hearing on the citation and a failure to exhaust administrative remedies.

(B) Hearing officer. The hearing officer shall be a neutral contracted by the city to hear such matters.

(C) Hearing procedure.

(1) No hearing to contest an administrative citation before a hearing officer shall be held unless and until a request for hearing form has been completed and submitted within the time limits set forth above.

(2) After receipt of the request for hearing form, a hearing before the hearing officer shall be set for a date that is not less than 15, and not more than 60, days from the date that the request for a hearing is filed in accordance with the provisions of this chapter. The applicant shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.

(3) The applicant shall be given the opportunity to testify and present evidence concerning the administrative citation.

(4) Formal rules of evidence shall not apply.

(D) The administrative citation and any additional documents submitted by the animal control officer, or other authorized officer, shall constitute prima facie evidence of the respective facts contained in those documents.

(E) If the animal control officer, or other authorized 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 by mail on the person requesting the hearing at least ten days prior to the date of the hearing.

(F) At least ten days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the reports and other documents submitted or relied upon by the animal control officer, or other authorized officer. The hearing shall not be conducted according to formal rules of evidence or procedure, but shall be conducted in a manner generally consistent with the Administrative Procedure Act, Cal. Gov’t Code, §§ 11370 et seq.

(G) The hearing officer may continue the hearing and request additional information from the issuing animal control officer, or other authorized officer, or the recipient of the administrative citation, prior to issuing findings of fact and statement of decision.

(H) Any person who has filed a “request for hearing” and has been notified of the time and date for a hearing pursuant to this chapter who does not appear at said hearing and does not seek a continuance prior to the hearing shall be deemed to have waived the right to be present at the hearing, and the hearing shall proceed in their absence.

(I) After considering all of the testimony and evidence submitted at the hearing, the hearing officer may immediately issue a verbal decision or may issue a written decision within ten working days of the hearing. The decision shall include the reasons therefor and the amount of any fine imposed. Said decision shall also include any conditions pertaining to the correction of the violation(s) and any time limits set for said corrections. If a verbal decision is issued at the hearing, a written decision shall be prepared by the hearing officer and mailed to the applicant within ten working days of the hearing. The effective date of the decision shall be the mailing date of the written decision to the applicant.

(Ord. MC-1469, passed 3-7-2018)

(A) Failure of any person to pay a fine assessed by administrative citation within the time specified on the citation, or designated by the hearing officer as a result of a hearing, shall result in an assessment of an additional late fee in accordance with the following late fee schedule.

(1) Failure to pay the administrative citation, if no appeal is filed, within 15 days after the date the citation was issued by an officer shall result in a $25 late penalty assessed.

(2) Any fines and late fees which remain outstanding, when no appeal is filed, 30 days beyond the date the citation was issued by an officer shall have assessed an additional $25 late penalty, for a total of a $50 late fee.

(B) The failure of any person to pay an administrative fine within the time frames specified on the citation, or upon the hearing as ordered by the hearing officer, shall be considered a debt to the city. To enforce that debt, the Director of Animal Control may file a small claims action or pursue any other legal remedy to collect such money. The city may also recover its collection costs, along with fines assessed, as established by proof of the cost of attempts to collect the debt.

(C) It shall be unlawful for any person to fail to abide by any decision of the hearing officer.

The decision of the hearing officer shall be issued in writing and shall be final, subject to the right to judicial review of any aggrieved party pursuant to, by filing an appeal with the Superior Court of the State of California, County of San Bernardino, in accordance with the time lines and provisions set forth in Cal. Gov’t Code, § 53069.4.

(Ord. MC-1469, passed 3-7-2018)

The provisions of this chapter are severable, and, if any sentence, section, phrase, word or other part of the title should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect.

(Ord. MC-1469, passed 3-7-2018)

[Reserved]

(Repealed by Ord. MC-1469, passed 3-7-2018)