San Bernardino Municipal Code Ch. 9.92 Administrative Citation Process

The Mayor and City Council finds that there is a need for an alternate method of enforcement for minor violations of the municipal code and applicable state codes. An appropriate method of enforcement for minor violations is an administrative citation program as authorized by Cal. Gov’t Code, § 53069.4.

(Ord. MC-1553, passed 2-17-2021)

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

ADMINISTRATIVE COSTS. All costs incurred by or on behalf of the city from the first discovery of the violation of the municipal code through the appeal process, 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 and attorneys’ fees. ADMINISTRATIVE COSTS shall not mean the fines assessed pursuant to this chapter. ADMINISTRATIVE COSTS shall not mean late payment charges that accrue, or collection costs incurred, as a result of unpaid fines.

ADMINISTRATIVE HEARING OFFICER. Any person assigned by the City Manager to preside at administrative hearings.

CITY MANAGER. The San Bernardino City Manager, or his or her designee.

ENFORCEMENT OFFICER. Any code enforcement officer or other city employee or agent of the city with the authority to enforce any provision of the municipal code.

PERSON. Any natural person or entity, including, but not limited to, any corporation, company, partnership, association, trust or any other form of business entity.

RESPONSIBLE PARTY. Includes, but is not limited to, any of the following:

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

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

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

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

(5) If the person or persons are a business entity, the manager or on-site supervisor where the violation exists shall also be a RESPONSIBLE PARTY.

(Ord. MC-1150, passed 9-16-2003; Ord. MC-1270, passed 5-21-2008; Ord. MC-1553, passed 2-17-2021)

Whenever an enforcement officer determines that a violation subject to this chapter has occurred, the officer may issue an administrative citation imposing fines or penalties to any responsible person in accordance with the requirements of this chapter. Use of an administrative citation is authorized by this chapter for any violation of the municipal code.

(Ord. MC-1553, passed 2-17-2021)

(A) Any person violating any provision of the municipal code may be issued an administrative citation by a code enforcement officer, or other authorized officer, as provided in this title.

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

(C) Any fine assessed by means of an administrative citation issued by the enforcement officer shall be payable directly to the city or its authorized vendor for receipt of payment.

(D) Any person who receives an administrative citation shall be required to pay a fine in the following amounts unless otherwise established in the municipal code or established by resolution of the Mayor and City Council:

(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 administrative citation issued for violation of the same ordinance within a 12-month period.

(Ord. MC-1553, passed 2-17-2021)

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 code enforcement officer shall attempt to locate and personally serve the responsible party and obtain the signature of the responsible party on the administrative citation. If the responsible person refuses or fails to sign the administrative citation, the refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.

(B) Mail. If the enforcement officer is unable to locate the responsible party, responsible party shall be served by United States mail, addressed to the person to be notified. Service by mail shall be effective on the date of deposit in the mail.

(C) Posting. The enforcement officer may post the notice conspicuously on or in front of the property or the affected unit; provided, however, that a citation issued to an owner of real property must also be mailed to the owner of the property as shown on the last equalized county assessment roll.

(Ord. MC-1553, passed 2-17-2021)

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

(1) The name of the responsible party and known mailing address;

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

(3) The code section(s) violated and a description of the violation(s);

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

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

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

(7) The name and signature of the code enforcement officer, or other authorized officer, issuing the citation.

(B) If the violation is one which is continuing, an order to correct the violation and an explanation of consequences for failing to correct the violation shall be issued concurrently with the citation. Failure to issue the order to correct or explanation of consequences for failure to correct violations shall not affect the validity of the administrative citation or of subsequent proceedings.

(Ord. MC-1553, passed 2-17-2021)

(A) Upon receipt of a citation, the responsible person must:

(1) Pay the fine to the city within 15 days from the issue date of the administrative citation; or

(2) File a request for hearing pursuant to § 9.92.080.

(B) 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. Payment of the fine waives the responsible party’s right to the administrative citation hearing and appeal process.

(Ord. MC-1553, passed 2-17-2021)

(A) How to file a proper and timely 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. Proper filing of a request for hearing must also include payment to the City Clerk of the appeal fee as established or amended from time to time by resolution of the Mayor and City Council.

(B) Selection of hearing officer. The City Manager shall select a qualified person to serve as administrative hearing officer to preside over hearings under this chapter. Hearing officers must be selected in a manner that avoids the potential for pecuniary or other bias. For purposes of this section, QUALIFIED PERSON includes an individual with a background in the practice of law or with a background in local governance, that is particularly experienced or knowledgeable about the subject matter at issue or that is otherwise deemed qualified by the City Manager.

(C) Hearing procedure.

(1) No hearing to contest an administrative citation before the administrative hearing officer shall be held unless and until a request for hearing form has been completed and submitted to the City Clerk’s office.

(2) After receipt of the request for hearing form, a hearing before the administrative 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, unless the parties waive such time limits. The failure to hold the hearing within this time period does not invalidate any action of the administrative hearing officer. The appellant shall be notified of the time and place set for the hearing at least ten calendar days prior to the date of hearing.

(3) At the hearing, the administrative hearing officer must hear and consider the testimony of the appellant, respondent and their witnesses, as well as any documentary evidence presented by these persons. The administrative hearing officer must ensure that parties receive a fair hearing and are afforded due process in accordance with the applicable state and federal law governing such hearings.

(4) The responsible party may bring an interpreter to the hearing at his or her sole expense. The city may, at its discretion, record the hearing by stenographer, court reporter, audio recording or video recording.

(5) The appellant shall be given the opportunity to testify and present evidence concerning the administrative citation. Each party shall have the opportunity to cross-examine witnesses and present relevant evidence in support of that party’s case.

(6) Administrative hearings are intended to be informal in nature. The formal rules of evidence shall not apply. Other than copies of citations, notices, orders and inspection reports served on the responsible parties as part of the enforcement action giving rise to the hearing, no pre-hearing discovery is required.

(D) Proof. The city bears the burden of proof at an administrative hearing to establish the existence of a violation of the municipal code and the responsible party’s responsibility for such violation. The administrative citation and any additional documents submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. 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.

(E) Continuance. The administrative hearing officer, before or during a hearing, may grant a request for a continuance, in his or her discretion, for good cause; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties.

(F) Failure to appear. Any person who has filed a “request for hearing” form and has been notified of the time and date for a hearing pursuant to this chapter who does not appear at said hearing shall be deemed to have waived the right to be present at the hearing and the hearing shall proceed in his or her absence.

(G) Administrative hearing officer’s decision. After considering all of the testimony and evidence submitted at the hearing, the administrative hearing officer must issue a written decision within 30 business days of the hearing. Failure of the administrative hearing officer to render a decision within this time period does not invalidate any action of the administrative hearing officer. The decision shall include the reasons for the decision, any conditions pertaining to the correction of the violation(s) and any time limits set for said corrections.

(1) The administrative hearing officer’s decision must contain the following statement: “The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq.”

(2) The administrative hearing order must be served on all parties by mail. The effective date of the decision shall be the mailing date of the written decision to the applicant.

(3) If the hearing officer determines the administrative citation should be upheld, then any fine amount on deposit with the city shall be retained by the city. If the hearing officer determines the administrative citation should be canceled and the fine was deposited with the city, then the city shall refund the amount of the deposited fine.

(Ord. MC-1553, passed 2-17-2021)

(A) Any person who fails to pay to the city any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due is liable for the payment of any applicable interest charges.

(B) The delinquent obligation shall bear interest at a rate of 10% per year. Interest shall be calculated on a prorated monthly basis from the date such obligation becomes delinquent to the date it is paid.

(C) The city may collect any delinquent administrative citation fines or interest charges by use of all available legal means, including personal collection from the responsible parties.

(D) The city also may recover all administrative costs, expenses and fees, including attorneys’ fees, associated with the assessment, enforcement, processing and collection of the fines associated with the administrative citation in accordance with the provisions of this code.

(Ord. MC-1521, passed 9-18-2019; Ord. MC-1553, passed 2-17-2021)

Any rules and regulations promulgated for the conduct of administrative adjudication hearings shall be published and kept on file in the office of the City Clerk, where they shall be available to the public for inspection and copying at nominal rates during normal business hours.

(Ord. MC-1553, passed 2-17-2021)

[Reserved]

(Ord. MC-1553, passed 2-17-2021)

[Reserved]

(Ord. MC-1553, passed 2-17-2021)

[Reserved]

(Ord. MC-1553, passed 2-17-2021)

All fines and other monies paid to the city in accordance with this article shall be remitted to the city.

(Ord. MC-1553, passed 2-17-2021)

[Reserved]

(Ord. MC-1553, passed 2-17-2021)

Notwithstanding any other provisions of this article, the authority of the administrative hearing officer to conduct administrative hearings in accordance with this chapter shall not preclude the city from seeking any remedies for code or ordinance violations through the use of any other administrative procedure or court proceeding.

(Ord. MC-1553, passed 2-17-2021)

(A) Notwithstanding any other provision of the ordinances of the city or this code, all provisions of this code or ordinances may be enforced by instituting an administrative adjudication hearing with the administrative hearing officer as provided in this article.

(B) Notwithstanding any other provision of the ordinances of the city or this code, any enforcement action, including, but not limited to, license or permit suspension or revocation, which may be exercised by another department of the city may also be exercised by the administrative hearing officer as provided in this article.

(Ord. MC-1521, passed 9-18-2019; Ord. MC-1553, passed 2-17-2021)

Any decision of the administrative hearing officer is final, subject to judicial review. Within 20 days after service of the decision of the administrative hearing officer upon the party to the administrative adjudication hearing, that person may seek judicial review of the decision by filing an appeal with the Superior Court of the State of California, in the County of San Bernardino, in accordance with Cal. Gov’t Code, § 53069.4. The appealing party must serve upon the City Clerk, either in person or by first class mail, a copy of the notice of appeal. If the appealing party fails to timely file a notice of appeal, the hearing officer’s decision is deemed confirmed.

(Ord. MC-1521, passed 9-18-2019; Ord. MC-1553, passed 2-17-2021)

The provisions of this chapter are severable and, if any sentence, section or other part of this chapter 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-1148, passed 8-5-2003)