Chapter 3 — ADMINISTRATIVE CITATIONS

1-2027 - APPLICABILITY.

This chapter provides for administrative citations and fines/penalties which are in addition to all other civil or criminal legal remedies, which the County may pursue to address any violation of this code.

(a)

The use of this chapter shall be at the County's sole discretion.

(Ord. No. 4513, 8-7-2018)

1-2028 - ADMINISTRATIVE CITATION.

Administrative citations may be issued as follows:

(a)

When an Enforcement Official determines that a violation of this code has occurred, the Enforcement Official shall have the authority to issue administrative citations, in accordance with Section 53069.4 of the Government Code and this chapter, to any party responsible for any violation(s) of this code, including but not limited to those violations that did not occur in the presence of the Enforcement Official issuing the administrative citations if the issuing Enforcement Official determines through investigation that the responsible party committed, caused, allowed, or was otherwise responsible for the violation(s).

(b)

Each administrative citation shall contain the following information:

(1)

The date, or approximate date, of the violation(s);

(2)

The address or a description of the location where the violation(s) occurred;

(3)

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

(4)

A description of how the violation can be corrected, if possible;

(5)

The amount of the fine/penalty for the code violation;

(6)

A description of the fine/penalty payment process, including a description of the time and place within which the fine/penalty 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 issuing Enforcement Official.

(c)

Prior to the imposition of an administrative fine/penalty, the issuing Enforcement Official shall provide for a reasonable period of time not less than ten (10) days or as otherwise specified in writing to correct or otherwise remedy a continuing violation when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety.

(Ord. No. 4513, 8-7-2018)

1-2029 - SERVICE OF ADMINISTRATIVE CITATION.

Service of administrative citations shall be as follows:

(a)

The Enforcement Official shall serve the responsible party as follows:

(1)

By effecting personal service of the administrative citation on the responsible party; or

(2)

By mailing the administrative citation to the responsible party by certified mail, return receipt requested, and by first class mail.

(i)

If the 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.

(ii)

If the copy of the administrative citation that is sent by first class mail is also returned by the United States Postal Service then service may be accomplished pursuant to subsection (c)

(iii)

The failure of the owner or responsible party to receive a properly addressed administrative citation that is not returned by the United States Postal Service shall not affect the validity of any proceeding under this chapter.

(b)

As an alternative, if service cannot be completed as specified in subsections (a)(1) or (2) or as an additional method at the discretion of the County, then it may be accomplished by posting the administrative citation in a conspicuous place on or near the property in which the responsible party has a legal interest.

(1)

Such posting shall be deemed effective service.

(2)

The failure of the responsible party to receive any notice served in accordance with this subsection shall not affect the validity of any proceeding under this chapter.

(Ord. No. 4513, 8-7-2018)

1-2030 - AMOUNT OF ADMINISTRATIVE FINES/PENALTIES.

The amount of any administrative fine/penalty shall be as follows:

(a)

Except as provided in subdivision (b), any administrative fine/penalty imposed pursuant to this chapter shall be consistent with Section 25132 of the Government Code as it now reads or as amended and shall not exceed the maximum administrative fine/penalty amounts set forth therein and shall be applicable unless otherwise stated by law or this code:

(1)

Every violation that is an infraction is punishable by the following: A fine/penalty not exceeding one hundred dollars ($100.00) for a first violation; A fine/penalty not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one (1) year of the first violation; A fine/penalty not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one (1) year of the first violation.

(2)

Notwithstanding any other law, a violation of local building and safety codes that is an infraction is punishable by the following: A fine/penalty not exceeding one hundred dollars ($100.00) for a first violation; A fine/penalty not exceeding five hundred dollars ($500.00) for a second violation of the same ordinance within

one (1) year of the first violation; A fine/penalty not exceeding one thousand dollars ($1,000.00) for each additional violation of the same ordinance within one (1) year of the first violation.

(3)

Notwithstanding any other law, including subdivisions (a) and (b), a violation of an event permit requirement that is an infraction is punishable by the following:

(i)

A fine/penalty not exceeding one hundred fifty dollars ($150.00) for the first violation of an event permit requirement; A fine/penalty not exceeding seven hundred dollars ($700.00) for a second occurrence of the same violation of an event permit requirement by the same owner or operator within three (3) years of the first violation; A fine/penalty not exceeding two thousand five hundred dollars ($2,500.00) for each additional occurrence of the same violation of an event permit requirement by the same owner or operator within three (3) years of the first violation.

(b)

A violation of Title VII, Division 1, Chapter 8 is otherwise a misdemeanor and is subject to an administrative fine of one thousand dollars ($1000.00) per occurrence. Each separate violation is a separate occurrence and each day in which the violation exists is a separate occurrence.

(c)

The administrative fine/penalty amounts shall be cumulative where multiple violation(s) are cited and where multiple administrative citations are issued.

(Ord. No. 4513, 8-7-2018; Ord. No. 4679, § 1, 8-12-2025)

1-2031 - PAYMENT OF FINE/PENALTY.

Payment of any fine/penalty ordered pursuant to this Chapter shall be:

(a)

Paid to the County within thirty (30) days from the date of the administrative citation, unless otherwise specified in writing, in accordance with the payment instructions printed on the administrative citation.

(1)

Payment of any administrative fine/penalty shall not excuse or discharge the responsible party from the responsibility for correcting, removing, or abating the violation(s) or from the order not to conduct any continuation or repeated occurrence of the violation(s) that is the subject of the administrative citation.

(b)

Refunded to the payer following any determination after a hearing that the person charged in the administrative citation was not the responsible party or that there was no violation as cited in the administrative citation.

(Ord. No. 4513, 8-7-2018)

1-2032 - REQUEST FOR HEARING.

A request for hearing on a citation issued under this Chapter shall be as follows:

(a)

Any person an Enforcement Official issues an administrative citation to may contest the citation by:

(1)

Completing a request for hearing form and returning it to the Enforcement Official within fourteen (14) days from the date of the administrative citation;

(2)

Providing an advance deposit of the total fine/penalty or an advance deposit Hardship Waiver Application form to the Enforcement Official with the Request for Hearing form.

(b)

Failure to properly file a Request for Hearing form with an advance deposit or an advance deposit Hardship Waiver Application form shall constitute a waiver of the right to an administrative hearing and adjudication of the administrative citation or fine/penalty.

(c)

The Enforcement Official shall notify the person requesting the hearing of the time and place set for the hearing by personal service or by mail to the address provided on the Request for Hearing form postmarked at least ten (10) days prior to the date of the hearing.

(1)

If the notification is returned by the United States Postal Service or other carrier used at the County's discretion, notification can be made by posting the notification at the address provided on the Request for Hearing form at least ten (10) days prior to the date of the hearing.

(d)

If the Enforcement Official submits any additional written report or documentation concerning the administrative citation or fine/penalty to the Hearing Officer for consideration at the hearing, then a copy of anything provided shall be served on the person requesting the hearing by personal service, by sending via overnight mail at least five (5) days prior to the date of the hearing, or by posting.

(Ord. No. 4513, 8-7-2018)

1-2033 - ADVANCE DEPOSIT OR HARDSHIP WAIVER.

A determination on a request for an advanced deposit hardship waiver shall be made as follows:

(a)

Any person contesting an administrative citation pursuant to this chapter that is financially unable to make the advance deposit of the administrative fine/penalty as required by this chapter may apply for an advance deposit hardship waiver.

(b)

The request shall be filed with the Enforcement Official within five (5) days of the administration citation.

(c)

The requirement of depositing the full amount of the administrative fine/penalty prior to a requested hearing pursuant to this Chapter shall be stayed until the Enforcement Official makes a full determination on the application for an advance deposit waiver.

(d)

The application for an advance deposit waiver shall include: a sworn affidavit regarding the applicant's inability to make the advance deposit of the fine/penalty in advance of the hearing and supporting documents or materials demonstrating to the satisfaction of the Enforcement Official of the person's actual financial inability to make the advance deposit of the fine/penalty in advance of the hearing.

(e)

The Enforcement Official may only waive the requirement of an advance deposit and issue the advance deposit hardship waiver after considering the materials provided and the amount of the total fine/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 make the advance deposit of the fine/penalty in advance of the hearing.

(f)

The Enforcement Official's determination shall be final.

(g)

The Enforcement Official shall serve the written determination on the application for the advance deposit waiver upon the person who applied for the advance deposit hardship waiver by personal service, by overnight mail, or by posting.

(h)

If the Enforcement Official denies the application for the advance deposit waiver then the cited party shall pay the advance deposit to the County within five (5) days of service of that decision.

(Ord. No. 4513, 8-7-2018)

1-2034 - HEARING OFFICER.

A cited party that requests a hearing pursuant to this chapter shall select a Hearing Officer appointed pursuant to Title 2, Division 3, Chapter 5 of this code.

(Ord. No. 4513, 8-7-2018)

1-2035 - HEARING PROCEDURE.

The procedure for a hearing under this chapter shall be as follows:

(a)

The Hearing Officer shall conduct the hearing pursuant to Title 2, Division 3, Chapter 5 of this code.

(b)

The Hearing Officer shall not hold a hearing under this chapter unless the fine/penalty has been deposited in advance or an advance deposit hardship waiver has been approved by the Enforcement Official pursuant to this chapter.

(c)

The Hearing Officer shall set the hearing date for not less than eleven (11) days and not more than sixty (60) days from the date that the request for hearing is filed pursuant to this chapter unless agreed to in writing by both parties.

(d)

The failure of the cited party to appear at the hearing shall constitute a waiver of any contest to the administrative citation or fine/penalty and a failure to exhaust their administrative remedies.

(e)

The administrative citation and any additional documents submitted to the Hearing Officer by the Enforcement Official shall constitute prima facie evidence of the respective facts contained in those documents.

(Ord. No. 4513, 8-7-2018)

1-2036 - HEARING OFFICER'S DECISION.

A Hearing Officer's decisions shall be issued as follows:

(a)

After considering all of the oral and written evidence submitted at the hearing, the Hearing Officer shall issue a final written decision to uphold, modify, or cancel the administrative citation or fine/penalty and shall list the reasons for that decision.

(b)

The decision of the Hearing Officer shall be final.

(c)

If the Hearing Officer determines that the administrative citation and fine/penalty should be upheld, the fine/penalty amount on deposit with the County shall be retained by the County.

(d)

If the Hearing Officer determines that the administrative citation should be upheld and the fine/penalty has not been deposited pursuant to an advance deposit hardship waiver, the Hearing Officer shall include in the written decision a due date for payment of the fine/penalty.

(e)

If the Hearing Officer determines that the administrative fine/penalty is upheld only in part then:

(1)

The fine/penalty amount upheld should be either retained by the County or the Hearing Officer shall include in the written decision a due date for payment of the fine/penalty amount upheld.

(2)

If the fine/penalty amount not upheld was deposited with the County, the County shall promptly refund the amount of the fine/penalty amount not upheld to the payer.

(f)

If the Hearing Officer determines that the administrative citation should be canceled and the fine/penalty was deposited with the County, the County shall promptly refund the amount of the deposited fine/penalty to the payer.

(g)

If the Hearing Officer upholds the administrative citation, the Hearing Officer may order the cited party to pay administrative costs in addition to the administrative fines/penalties.

(1)

Administrative costs may include any and all administrative costs incurred by the County as well as any and all costs of the hearing before the Hearing Officer incurred by the County, including but not limited to costs the Enforcement Official incurred in preparation for the hearing and for participating in the hearing, and costs of the County to conduct the hearing.

(h)

Failure to pay administrative fines/penalties or administrative costs in the amounts specified in the Hearing Officer's written decision on or before the date specified in that written decision may result in the imposition of collection and late charges pursuant to this Chapter.

(i)

The Hearing Officer or Enforcement Official shall serve the cited party by personal service, mail, or posting with a copy of the Hearing Officer's written decision.

(Ord. No. 4513, 8-7-2018)

1-2037 - LATE PAYMENT CHARGES.

Any person who fails to pay to the County any administrative fines/penalties, administrative cost, or charge imposed pursuant to this chapter on or before the date that it is due also shall be liable for the payment of any applicable late payment charge as may be adopted by the Board by resolution.

(Ord. No. 4513, 8-7-2018)

1-2038 - RECOVERY OF ADMINISTRATIVE CITATION FINES/PENALTIES, LATE PAYMENT CHARGES AND COLLECTION COSTS.

The County may collect any past due administrative citation fine/penalty, late payment charge(s), and its collections costs by use of all available legal means. The failure of any person to pay a fine/penalty 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.

(Ord. No. 4513, 8-7-2018)

1-2039 - RIGHT TO JUDICIAL REVIEW.

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 Joaquin County in accordance with the provisions set forth in Section 53069.4 of the Government Code.

(Ord. No. 4513, 8-7-2018)

1-2040 - RECOVERY OF ATTORNEY'S FEES.

In any action, administrative proceeding, or special proceeding to abate a nuisance, the prevailing party may recover its attorney's fees. Recovery of attorney's fees to the prevailing party shall be limited to those individual actions or proceedings in which the County elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney's fees. In no action, administrative proceeding, or special proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the County in the action or proceeding.

(Ord. No. 4513, 8-7-2018)

1-2041 - SERVICE.

Except as otherwise specified, 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 or as provided by the person to be noticed in 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. No. 4513, 8-7-2018)

1-2042 - REMEDIES CUMULATIVE.

Except as otherwise provided by law, the remedies provided in this chapter are cumulative and not exclusive. Nothing in this chapter is intended, or shall be deemed or construed, to limit or impair the ability of the County, or any of its officers, agents, or employees, to take any administrative or judicial action, otherwise authorized by law, to abate any violations.

(Ord. No. 4513, 8-7-2018)