San Diego Municipal Code Div. 9 Administrative Citations

(“Administrative Citations” added 8–10–1993 by O–17956 N.S.)

Division 4 of Article 3 of Chapter 1 governs the procedures relating to administrative citations. (Renumbered from Sec. 13.0340, retitled to “Administrative Citations” and amended 8–10–1993 by O–17956 N.S.)

The Council finds that there is a need for an alternative method of enforcement for violations of the Municipal Code and applicable state codes which do not create an immediate danger to health and safety. The Council further finds that an alternative method of enforcement for these violations is an administrative citation program. The procedures established in this Division shall be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the Municipal Code or applicable state codes. (Renumbered from Sec. 13.0341, retitled to “Declaration of Purpose” and amended 8–10–1993 by O–17956 N.S.) (Amended 2-26-2007 by O-19579 N.S.; effective 3-28-2007.)

(a) Any person violating any provisions of the Municipal Code or applicable state codes which do not create an imminent danger to health and safety may be issued an administrative citation by an Enforcement Official as provided in this Division.

(b) Each and every day a violation of the Municipal Code or applicable state code
exists constitutes a separate and distinct offense.

(c) A civil penalty shall be assessed by means of an administrative citation issued
by the Enforcement Official and shall be payable directly to the City
Treasurer’s Office.

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San Diego Municipal Code Chapter 1: General Provisions (2-2007)

(d) Penalties assessed by means of an administrative citation shall be collected in
accordance with the procedures specified in this Division.
(Renumbered from Sec. 13.0343, retitled to “Authority” and amended 8–10–1993 by
O–17956 N.S.)
(Amended 2-26-2007 by O-19579 N.S.; effective 3-28-2007.)

(a) Upon discovering any violation of the Municipal Code or applicable state codes, which do not create an imminent danger to health and safety, an Enforcement Official may issue an administrative citation to a Responsible Person in the manner prescribed in this Division. The administrative citation shall be issued on a form approved by the City Manager.

(b) If the Responsible Person is a business, the Enforcement Official shall attempt
to locate the business owner and issue the business owner an administrative
citation. If the Enforcement Official can only locate the manager of the
business, the administrative citation may be given to the manager of the
business. A copy of the administrative citation shall also be mailed to the
business owner or Responsible Person in the manner prescribed by Section
11.0301(a)(2) of this Chapter.

(c) Once the Responsible Person is located, the Enforcement Official shall
attempt to obtain the signature of that 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 citation and
subsequent proceedings.

(d) If the Enforcement Official is unable to locate the Responsible Person for the
violation, then the administrative citation shall be mailed to the Responsible
Person in the manner prescribed in Section 11.0301(a)(2) of this Chapter.

(e) If no one can be located at the property, then the administrative citation shall
be posted in a conspicuous place on or near the property and a copy
subsequently mailed to the Responsible Person in the manner prescribed by
Section 11.0301(a) (2) of this Chapter.

(f) The administrative citation shall also contain the signature of the Enforcement
Official.

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San Diego Municipal Code Chapter 1: General Provisions (2-2007)

(g) The administrative citation shall be mailed to the Responsible Person in the
manner prescribed by Section 11.0301(a) (2) of this Chapter. The failure of
any person with an interest in the property to receive notice shall not affect the
validity of any proceedings taken under this Division.
(Renumbered from Sec. 13.0344, retitled to “Procedures” and amended 8–10–1993
by O–17956 N.S.)
(Amended 2-26-2007 by O-19579 N.S.; effective 3-28-2007.)

(a) The administrative citation shall refer to the date and location of the minor violations and the approximate time the violations were observed.

(b) The administrative citation shall refer to the code sections violated and
describe how the sections are violated.

(c) The administrative citation shall describe the action required to correct the
violations.

(d) The administrative citation shall require the Responsible Person to
immediately correct the violations and shall explain the consequences of
failure to correct the violations.

(e) The administrative citation shall state the amount of penalty imposed for the
violations.

(f) The administrative citation shall explain how the penalty shall be paid and the
time period by which it shall be paid, and the consequences of failure to pay
the penalty.

(g) The administrative citation shall identify all rights of appeal.

(h) The citation shall contain the signature of the Enforcement Official and the
signature of the Responsible Person if they can be located, as outlined in
subsection 12.0904(c).
(“Contents of Notice” renumbered from Sec. 13.0345 and amended 8–10–1993 by
O–17956 N.S.)

An appeal of an administrative citation shall follow the procedures set forth in Division 5, Article 2 of Chapter 1. (“Appeal of Administrative Citation” renumbered from Sec. 13.0346 and amended 8– 10–1993 by O–17956 N.S.)

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San Diego Municipal Code Chapter 1: General Provisions (2-2007)

(a) The appeal hearing shall follow the enforcement hearing procedures set forth in Division 4, Article 2 of Chapter 1.

(b) As part of the Administrative Enforcement Order, the Enforcement Hearing
Officer may reduce, waive or conditionally reduce the penalties assessed by
the citation.

(c) The Enforcement Hearing Officer may also impose conditions and deadlines
to correct the violations or require payment of any outstanding penalties.

(d) The Enforcement Hearing Officer shall assess reasonable administrative costs.
Costs include, but are not limited to: staff time to investigate and document
violations; laboratory, photographic, and other expenses incurred to document
or establish the existence of a violation; and scheduling and processing of the
administrative hearing and all related actions. Any determination that
documented costs are not reasonable must be supported by written findings.
(“Administrative Enforcement Order” added 8–10–1993 by O–17956 N.S.)
(Amended 2-26-2007 by O-19579 N.S.; effective 3-28-2007.)

(a) The Director shall establish policies to assist in the assessment of civil penalties for administrative citations.

(b) If the Responsible Person fails to correct the violation, subsequent
administrative citations may be issued for the same violations.

(c) An Administrative Citation may be issued for each violation observed on a
property. The penalty assessed for each violation may be issued in any of the
following amounts: $100; $250; $500; $750; or $1,000.

(d) In determining the amount of penalty to assess for a particular violation, the
Director may consider:

(1) the nature of the violation,

(2) the level of seriousness of the violation,

(3) the duration of the violation,

(4) efforts by the violator to correct the violation,

(5) the impact of the violation on the community,

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San Diego Municipal Code Chapter 1: General Provisions (2-2007)

(6) any instances in which the Responsible Person has been in violation of
same or similar laws at the same or other locations in the City of San
Diego,

(7) the good faith effort by the Responsible Person to comply,

(8) the economic impact of the penalty on the Responsible Person,

(9) whether the violation is easy to correct,

(10) any other factors that justice may require.

(e) Payment of the penalty shall not excuse the failure to correct the violations
nor shall it bar further enforcement action by the City.

(f) All penalties assessed shall be payable to the City Treasurer.
(Renumbered from Sec. 13.0347, retitled to “Penalties Assessed” and amended 8–
10–1993 by O–17956 N.S.)
(Amended 2-26-2007 by O-19579 N.S.; effective 3-28-2007.)

The failure of any person to pay the civil penalties assessed by an administrative citation within the time specified on the citation may result in the Director referring the matter to the City Treasurer to file a claim with the Small Claims Court. Alternatively, the Director may pursue any other legal remedy to collect the civil penalties as provided in Section 13.0401 of this Chapter. (“Failure To Pay Penalties” added 8–10–1993 by O–17956 N.S.)

Administrative civil penalties collected pursuant to this Division shall be deposited in the civil penalties fund established pursuant to Section 13.0402 of this Chapter. (“Allocation of Administrative Penalties” renumbered from Sec. 13.0348 and amended 8–10–1993 by O–17956 N.S.)

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San Diego Municipal Code Chapter 1: General Provisions (6-2000)

Article 2: Code Enforcement

Judicial and Administrative Remedies