San Clemente Municipal Code Ch. 1.20 Administrative Fines

It is the purpose and intent of this chapter to provide an alternative method of enforcement for violations of the code and City ordinances. The City Council finds that an administrative fine program is an appropriate method of enforcement.

(Ord. 1193 § 2(part), 1997)

The City Manager or its designee (Enforcement Official) shall have the authority to administer and enforce the provisions of this chapter.

(Ord. 1193 § 2(part), 1997)

A. .....For the purposes of this Chapter 1.20, any violation of the San Clemente Municipal Code ("municipal code violation") may be processed through the administrative fine provisions established within this Chapter 1.20 providing, however, when processed as administrative fines, all such municipal code violations shall be subject to the maximum fine amounts established in Section 1.20.070.

B. .....Nothing in this chapter shall prevent the City from exercising its discretion to select between criminal enforcement for a municipal ordinance violation and enforcement through the administrative fine procedures established herein.

C. .....The procedures established in this chapter shall supplement and be in addition to any criminal, civil or other remedy established by law or under the provisions of this code which may be pursued to address municipal ordinance violations.

(Ord. 1203 § 1, 1998; Ord. 1193 § 2(part), 1997)

A. Issuance of Administrative Citation. .....Except as provided in Section 1.20.050, an Enforcement Official may, upon discovering that a person has committed a municipal ordinance violation (hereinafter referred to as "offender"), issue an administrative citation to the offender. The administrative citation shall be issued by personal service on the offender or by registered or certified mail to the offender's last known address. The offender's failure to receive or refusal to accept the administrative citation shall not affect the validity of the administrative citation or any proceeding undertaken pursuant to this chapter.

B. Administration Citation Contents. .....To the extent the following information is reasonably available to the Enforcement Official, the administrative citation shall:

1. State the date the administrative citation is issued;

2. State the offender's name, current residential address, and mailing address;

3. Refer to the code section(s) violated and describe how the offender violated the code section(s);

4. State the date the violation was discovered by the Enforcement Official;

5. State the amount of fine imposed for the violation;

6. Explain how the offender may 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;

7. Explain the procedure for obtaining an administrative hearing, specifically, notice that the appellant must make a written request within 10 working days from the date the administrative citation is issued, pay the applicable hearing fee, and that the appellant will be notified by mail of the date of the hearing; and

8. Include a warning that failure to pay the fine or the failure to request an administrative hearing and appear at the same may result in the City taking all legal steps necessary to obtain payment of the fine, and the offender being charged all costs of such collection.

(Ord. 1203 §§ 2, 3, 1998; Ord. 1193 § 2(part), 1997)

(Ord. No. 1655, § 2, 5-15-2018)

A. Applicability of this section. .....This Section 1.20.050 applies exclusively to building and zoning code violations that do not create an immediate danger to health or safety and that cannot reasonably be cured immediately (hereinafter "correction condition").

B. Correction Period. .....An offender shall have at least 15 calendar days to correct or otherwise remedy a correction condition prior to the issuance of an administrative citation and the imposition of the corresponding fine. A longer correction period may be granted if the Enforcement Official determines that additional time is reasonably necessary to remedy the correction condition.

C. Correction Notice. .....Upon discovery of a correction condition, the Enforcement Official shall issue a written correction notice to the offender by personal service or by registered or certified mail to the offender's last known address. Such notice shall refer to each code section violated and facts supporting the issuance of the citation. The correction notice shall also describe the action or actions necessary to correct the violation and state the final date by which the correction must be completed, which shall not be less than 15 calendar days from the date that the correction notice is issued (the "Correction Period"). In addition, the correction notice shall include a warning that failure to correct the violation by the end of the Correction Period may result in the imposition of an administrative fine and shall state the amount of the administrative fine applicable to the violation.

D. Procedure Upon Expiration of Correction Period. .....If the offender remedies the correction condition before the end of the Correction Period, the Enforcement Official shall issue the offender a notice of compliance. If the offender does not remedy the correction condition before the end of the Correction Period, the Enforcement Official may issue the offender an administrative citation in accordance with Section 1.20.040.

(Ord. 1203 § 4, 1998; Ord. 1193 § 2(part), 1997)

(Ord. No. 1656, § 3, 5-15-2018)

Within ten (10) working days from the date the administrative citation is issued, an offender shall either: (i) pay the administrative fine designated on the administrative citation; or (ii) make a written request for an administrative hearing. The citation shall be deemed to have been issued on the date noted in the citation, if personally served, or on the date mailed, if served by mail.

(Ord. 1203 § 5, 1998: Ord. 1193 § 2(part), 1997)

A. Amount. .....Administrative fines shall not exceed one hundred dollars ($100.00) for a first violation, two hundred dollars ($200.00) for a second violation of the same municipal ordinance violation within one (1) year, and five hundred dollars ($500.00) for each additional violation of the same municipal ordinance violation within one (1) year. The fine amounts for infractions set forth in subsection B of Section 1.16.010 of this code shall not apply to this chapter and shall in no way limit the amounts which may be imposed for administrative fines.

B. Continuing of Violation. .....With the exception of municipal ordinance violations continuing to exist within the correction period provided under Section 1.20.050, each and every day during any portion of which any municipal code violation is committed, continued, maintained or permitted shall constitute a new and separate offense for which the full administrative fine may be imposed.

C. Payments. .....If the offender does not make a timely request for a hearing, he or she must pay the administrative fine within ten (10) working days from the date the administrative citation is issued.

D. No Waiver. .....Under no circumstances shall the payment of the administrative fine constitute a waiver of the offender's right to a hearing. Therefore, an offender may pay the administrative fine within the 10 working day period and also obtain a hearing to protest the imposition of the administrative fine, provided that the offender makes a timely request for a hearing and timely deposits the required hearing fee, as described in Section 1.22.030.

E. Obligation to Correct Violation. .....Nothing in this chapter shall be interpreted to mean that payment of the administrative fine by an offender discharges or excuses the offender's obligation to correct the municipal code violation. Failure to correct the municipal code violation may result in the issuance of additional administrative fine citations, the commencement of a criminal prosection, or the imposition of any other legal remedy available to the City.

(Ord. 1203 §§ 6, 7, 1998; Ord. 1193 § 2(part), 1997)

(Ord. No. 1655, § 3, 5-15-2018)

A. Purpose. .....It is the purpose and intent of the City Council to afford due process of law to any person who is issued an administrative citation. Due process of law includes adequate notice, an opportunity to participate in a hearing, and an adequate explanation of the reasons justifying the administrative fine.

B. Request for Hearing. .....Any person desiring to challenge the issuance of an administrative citation shall, within ten (10) working days from the date the administrative citation is issued, make a written request for a hearing with the City Clerk setting forth the basis of the challenge.

C. Notification of Hearing. .....At least 10 working days prior to the date of the hearing, the City shall, by registered or certified mail or personal service, give notice to the person requesting the administrative hearing or appeal of the time, date, and location of the hearing. In the event a person seeks to challenge multiple citations, the City, in its sole discretion, may consolidate all such citation challenges into a single hearing.

D. Hearing Officer.

1. The City Manager shall appoint a person or persons who shall preside at the hearing and hear all facts and testimony presented and deemed appropriate (Hearing Officer).

2. Any person designated to serve as a Hearing Officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure Section 170.1. The offender may challenge the Hearing Officer's impartiality by filing a statement with the City Manager objecting to the hearing before the Hearing Officer and setting forth the grounds for disqualification. The question of disqualification shall be considered and determined in writing by the City Manager within ten days following the date on which the disqualification statement is filed.

E. Administrative Hearing Procedures.

1. The hearing is intended to be informal in nature. Formal rules of the California Evidence Code and discovery shall not apply, except that irrelevant and unduly repetitious evidence may be excluded at the Hearing Officer's discretion.

2. Each party shall have the opportunity to offer testimony and evidence and cross-examine witnesses in support of his or her case.

F. Administrative Order.

1. Within ten (10) working days of the hearing's conclusion, the Hearing Officer shall provide the offender with its decision in writing (administrative order). The Hearing Officer shall provide the offender with the administrative order by personal service, or by registered or certified mail to the offender's last known address.

2. The administrative order shall contain the Hearing Officer's findings of fact and conclusions and the procedure described in Section 1.20.090 for seeking judicial review.

3. The issuance of a decision in favor of the offender shall constitute a dismissal of the administrative citation. The city shall return any funds the offender paid to the City towards the dismissed administrative citation.

4. If the Hearing Officer renders a decision in favor of the City, the offender must comply with the administrative order or seek judicial review of the administrative order pursuant to Section 1.20.090.

5. Failure to timely and properly appeal shall be deemed a failure to exhaust administrative remedies and a waiver of the right to appeal.

G. Failure to Attend Administrative Hearing.

1. Waiver of Right to Hearing; Fine and Hearing Fee Immediately Due and Payable. The appellant's failure to appear at a hearing shall constitute a waiver of the right to a hearing, a forfeiture of the hearing fee deposit, as well as a waiver of a right to judicial review of the imposition of the administrative fine pursuant to Section 1.20.090. An appellant's failure to appear at the hearing shall be presumed an admission of guilt to the municipal code violation charges as indicated on the administrative citation. The administrative fine applicable to the administrative citation, and additional hearing fees, if any, shall be immediately due and payable unless an extension is granted pursuant to subsection 2 of this Section 1.20.080.

2. Good Cause. Upon a showing of good cause by the appellant, the Hearing Officer may excuse the appellant's failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than one time; provided, however, that if, after the first rescheduled hearing, the appellant pays a deposit in the amount of the administrative fine, or fines, and all applicable hearing fees, the hearing may be rescheduled one additional time. Nothing in this subsection shall be interpreted to mean the appellant is excused from the requirement of paying the administrative fine, hearing fee or fees, or appearing at a hearing.

3. Unless excused for good cause per subparagraph (G)(2) above, an appellant that fails to appear at the hearing, or the rescheduled hearing as proscribed herein, shall be deemed to have failed to exhaust their administrative remedies and a waiver of the right to appeal.

H. Continuance of Hearing.

1. Any person requesting an administrative hearing or appeal may request a continuance of his/her hearing date, provided, however, that the person requesting the appeal shall be responsible for hearing officer and City staff, consultant and attorney's expenses, if any, incurred as a result of the continuance.

2. No more than two continuances of an administrative hearing or appeal shall be granted, unless the City approves a further continuance for good cause, which shall be determined in the sole discretion of the City Manager or his designee. Any person who fails to appear at a hearing, as described in Section 1.20.080.G, shall not be entitled to a continuance as provided herein; such person's relief, if any, from failure to appear, unless excused for good cause per subparagraph (G)(2) above, shall be limited to the provisions set forth in Section 1.20.080.G.2.

3. The City Manager, or his designee, shall have the sole discretion to waive the payment of hearing officer and/or staff expenses incurred by the City as the result of a continued administrative hearing or appeal, in the event the continuance is the result of exigent circumstances, including, but not limited to illness or other unforeseen circumstance.

(Ord. 1203 §§ 8—11, 1998; Ord. 1193 § 2(part), 1997)

(Ord. No. 1655, §§ 4—6, 5-15-2018; Ord. No. 1664, § 4, 9-18-2018)

If an administrative order is rendered in favor of the City, the offender may seek judicial review of the administrative order by doing one of the following:

A. .....Appeal the administrative order pursuant to Government Code Section 53069.4 within 20 calendar days after service of the administrative order. Such an appeal shall be made by filing a notice of appeal with the Clerk of the Civil Division of the Orange County Superior Court, Central Justice Center located at 700 Civic Center Drive West, Santa Ana, CA, 92701 along with applicable filing fees and a copy of the administrative order. The appealing party shall also serve a copy of the notice of appeal on the City of San Clemente at that time by delivering the same in person or mailing the same by first class mail, postage pre-paid, return receipt requested to: San Clemente City Clerk, 910 Calle Negocio, San Clemente, California 92673. If no appeal notice is filed within the 20 calendar day period, the decision shall be deemed final; or

B. .....File a petition for a writ of mandate pursuant to Code of Civil Procedure Section 1094.5 within 90 calendar days after service of the administrative order.

(Ord. 1203 § 12, 1998: Ord. 1193 § 2(part), 1997)

(Ord. No. 1655, § 7, 5-15-2018)

A. .....As noted in Section 1.20.070, the administrative fine becomes due and payable ten (10) working days after the date the administrative citation is issued, if no hearing is requested; upon the issuance of a decision by the hearing officer denying the offender's appeal, if no judicial review is sought within the time limits specified in Section 1.20.080; or at such time as a court of proper jurisdiction finds for the City on a judicial review of an administrative order.

B. .....Payment of an administrative fine is delinquent thirty (30) days after the fine becomes due and payable. A delinquent administrative fine shall be treated as an account receivable by the City and shall be subject to the City's established policy for delinquent accounts receivable. Furthermore, the offender shall also be required to pay to the City its actual costs of collection.

(Ord. 1203 § 13, 1998: Ord. 1193 § 2(part), 1997)