San Mateo County Municipal Code Ch. 1.40 Administrative Remedies

It is the intent of this chapter to provide the County with remedies to correct violations of the San Mateo County Ordinance Code, other County ordinances and state laws and regulations, which the County or any of its Departments are charged with enforcing at the local level as the local enforcement agency. The County's Board of Supervisors hereby finds and determines that enforcement of this code, other ordinances adopted by the County and state laws and regulations, which the County or any of its Departments are charged with enforcing at the local level as the local enforcement agency are matters of local concern and serve important public purposes. Consistent with powers authorized by Government Code Sections 53069.4 and 25132 and successor statutes, as well as the County's general police powers to protect the public health, safety, and welfare, the County adopts this chapter in order to achieve the following goals:

(a) To protect the public health, safety and welfare of County residents;

(b) To provide a method to penalize responsible parties who fail or refuse to comply with provisions of this code, other County ordinances and state laws and regulations, which the County or any of its Departments are charged with enforcing at a local level as the local enforcement agency;

(c) To provide for an administrative process that has objective criteria for the imposition of penalties;

(d) To provide an administrative process for ordering compliance with this code, other County ordinances, and state laws and regulations, which the County or any of its Departments are charged with enforcing at a local level as the local enforcement agency;

(e) To provide a fair process for appeal of penalties and compliance orders; and

(f) To provide an administrative process for abatement of violations, restoration of damages caused by the violation, and collections of costs.

(Ord. No. 04648, § 1, 1-8-2013; Ord. No. 04744, § 1, 10-6-2015)

These remedies shall be in addition to any other remedies available at law or equity. Nothing in this chapter shall prevent the County from using one or more other remedies to address violations, whether those remedies are administrative, civil or criminal.

(Ord. No. 04648, § 1, 1-8-2013)

"Abatement costs" shall mean, to the extent allowed by law, any costs or expenses reasonably related to the abatement of violations, and shall include, but not be limited to, enforcement, investigation, attorneys' fees, collection and administrative costs, and the costs associated with the removal or correction of the violation.

"Administrative costs" shall mean, to the extent allowed by law, the cost of County staff time reasonably related to enforcement, for items including, but not limited to, site inspections, travel time, investigations, telephone contacts and time spent preparing summaries, reports, notices, correspondence, warrants and hearing packets. The staff time expended to calculate the above costs and prepare itemized invoices may also be recovered.

"Appeal Hearing Form" shall mean the form used to request an appeal of an administrative penalty or order. The forms are available from the Department or from the person listed on the administrative citation.

"Day" shall mean a calendar day.

"Department" shall mean any Department or Division of San Mateo County responsible for administering the San Mateo County Zoning Regulations and Ordinance Code or charged with enforcing state laws and regulations at the local level as the local enforcement agency.

"Director" shall mean the head of the Department, or his or her designee.

"Enforcement Officer" shall mean any County employee or agent of the County whose position requires enforcement of any provision of this code, any County ordinance or any state law or regulation including, but not limited to, code enforcement officers, animal control officers, environmental health specialists and Sheriff deputies.

"Violation" shall mean a violation of the San Mateo County Ordinance Code, any County Ordinance, including, but not limited to, Zoning Regulations, Building Regulations, Grading Regulations, Stormwater Regulations, Heritage Tree Ordinance, Significant Tree Ordinance, and the International Property Maintenance Code, or any state law or regulation which the County or any of its Departments are charged with enforcing at the local level as the local enforcement agency.

(Ord. No. 04648, § 1, 1-8-2013; Ord. No. 04744, § 2, 10-6-2015)

The County may impose administrative penalties and compliance orders for any violation of this code, any County ordinance or any state law or regulation which the County or any of its Departments are charged with enforcing as the local enforcement agency. Administrative penalties shall be imposed, collected, and reviewed in compliance with this chapter. These provisions shall not supersede any other sections of this code, other County ordinances, or state laws and regulations which address additional legal or administrative remedies available for certain specific violations.

(Ord. No. 04648, § 1, 1-8-2013; Ord. No. 04744, § 3, 10-6-2015)

(a) Authority. Whenever an Enforcement Officer determines that a violation has occurred, the Enforcement Officer shall have the authority to follow the provisions of this chapter to issue an administrative penalty to any and all persons responsible for the violation (including the property owner) and/or to order correction of the violation. These procedures shall not apply where violations present emergencies or immediate danger to public health and safety.

(b) Warning Notice. Before issuing an administrative citation, the Enforcement Officer shall provide a warning notice which shall contain the following information:

(1) Date of the violation;

(2) Address or a definite description of the location where the violation occurred;

(3) Section of this code, County Ordinance or state law or regulation that was violated and a description of the violation;

(4) Actions required to correct the violation;

(5) Date, at least fourteen (14) days after the notice, by which the violation must be corrected to avoid incurring penalties, abatement proceedings, or other enforcement;

(6) Amount of the potential penalty for the violation and the fact that penalties are imposed each day the violation exists; and

(7) Name and signature of the citing Enforcement Officer.

(c) Administrative Citation. Each administrative citation shall contain the following information:

(1) Date of the violation and any previous correspondence from the County regarding the violation, including the warning notice;

(2) Address or a definite description of the location where the violation occurred;

(3) Section of this code, County Ordinance or state law or regulation that was violated and a description of the violation;

(4) Amount of the current and potential future penalties for the violation;

(5) Description of the penalty payment process, including a description of the time within which and the place to which the penalty shall be paid, and the fact that penalties are imposed each day the violation exists;

(6) Actions required to correct the violation;

(7) Order prohibiting the continuation or repeated occurrence of the violation;

(8) Date, at least fourteen (14) days after the citation, by which the violation must be corrected to avoid abatement proceedings or other enforcement;

(9) Description of the appeal process, including the time within which the administrative citation may be contested and the department and person from which a Request for Hearing Form to contest the administrative citation may be obtained; and

(10) Name and signature of the citing Enforcement Officer.

(Ord. No. 04648, § 1, 1-8-2013; Ord. No. 04744, § 4, 10-6-2015)

(a) Whenever notice is required to be given under this chapter, unless different provisions are otherwise specifically made, such notice may be given either by (1) personal delivery to the person to be notified, or (2) if the violation involves real property, by posting on the property and by depositing in the United States Mail, in a sealed envelope, postage prepaid, and 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 to the records pertaining to the matter. Service by mail shall be deemed completed at the time of deposit in the United States Mail receptacle.

(b) Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder.

(Ord. No. 04648, § 1, 1-8-2013)

(a) Unless otherwise provided, the amounts of the penalties imposed for any other violation shall be $100.00 for a first violation, $200.00 for a second violation within twelve (12) months, and $500.00 for third and additional violations within twelve (12) months. The penalties shall be included in the schedule of penalties and fees established by resolution of the County's Board of Supervisors.

(b) The schedule of penalties shall specify the amount of any late payment charges imposed for the payment of a penalty after its due date. Penalties shall accrue interest at the same annual rate as any civil judgment. Interest shall accrue commencing on the twentieth (20th) day after the penalty becomes the final decision or order.

(Ord. No. 04648, § 1, 1-8-2013)

(a) The penalty shall be paid to the County within fourteen (14) days from the date of the administrative citation.

(b) Payment of a penalty shall not excuse or discharge any continuation or repeated occurrence of a violation that is the subject of the administrative citation.

(Ord. No. 04648, § 1, 1-8-2013)

(a) Any recipient of an administrative citation may request an appeal hearing to contest that there was a violation or that he or she is the responsible party by completing a Request for Hearing Form and returning it to the County within fourteen (14) days from the date of the administrative citation, together with a processing fee listed in the County's fee schedule and an advance deposit of the penalty.

(b) A Request for Hearing Form may be obtained from the Department and person specified on the administrative citation. The Request for Hearing Form shall include a brief statement of material facts supporting the appellant's claim that no violation occurred or no penalties or other remedies shall be imposed.

(Ord. No. 04648, § 1, 1-8-2013)

The Director shall designate a Hearing Officer for the appeal hearings. The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of administrative citations upheld by the Hearing Officer.

(Ord. No. 04648, § 1, 1-8-2013)

(a) The Hearing Officer shall conduct hearings in two situations:

(1) If a violation exists after the compliance date set forth in the citation, the Enforcement Officer may arrange a hearing on a proposed compliance order before the Hearing Officer.

(2) If an appellant appeals pursuant to the procedures set forth in section 1.40.090, including deposit of a penalty, a hearing will be arranged before the Hearing Officer.

(b) The appeal hearing shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the Request for Hearing is filed in accordance with the provisions of this chapter, unless the Director determines that the matter is urgent or that good cause exists for an extension of time. The appellant shall receive notice of the time and place at least ten (10) days prior to the hearing.

(c) Documentary evidence and names of potential witnesses shall be provided by the Enforcement Officer and the appellant to the Hearing Officer and the opposing party at least five (5) days prior to the hearing. Documents not provided at least five (5) days before the hearing must be provided at the hearing and may be considered by the Hearing Officer at his or her discretion.

(d) At the hearing, the appellant shall be given the opportunity to testify and to present evidence concerning the administrative citation.

(e) The failure of any appellant to appear at the appeal hearing shall constitute a forfeiture of the penalty and a failure to exhaust administrative remedies.

(f) The administrative citation and any additional report submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.

(Ord. No. 04648, § 1, 1-8-2013)

(a) The Hearing Officer shall only consider evidence that is relevant to whether the violation occurred and whether the responsible person has caused or maintained the violation on the date specified in the administrative citation. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold or cancel all or part of the administrative citation and shall list the reasons for that decision.

(b) The decision of the Hearing Officer shall include findings regarding the evidence in the record and submitted at the hearing, as well as the existence of any violation.

(c) If the Hearing Officer determines that the administrative penalty should be upheld, then the County shall retain the penalty amount on deposit with the County. If the Hearing Officer determines that the administrative penalty should be canceled, the County shall promptly refund the amount of the deposited penalty.

(d) If the Hearing Officer determines that the proposed compliance order should be issued, the decision shall include an administrative order to cease and/or remove the structures, uses, or activities that are the subject of the violation, and to take whatever corrective actions are needed to offset the impacts caused by the violation, including a schedule where appropriate, as well as a warning that failure to correct the violation may result in County abatement and collection of its costs as a personal obligation, recordation of a lien, or recordation of a special assessment. If the Hearing Officer determines that the compliance order should be canceled, it shall so state.

(e) The recipient of the administrative citation shall be served with a copy of the Hearing Officer's written decision in the same manner that the initial citation was provided.

(f) The decision of the Hearing Officer shall be the final decision of the County. To the extent allowed by law, the decision and administrative order shall have the same force and effect as a resolution of the County Board of Supervisors for the purpose of filing a lien, special assessment, or for pursuing any other method of collection.

(Ord. No. 04648, § 1, 1-8-2013)

Any person aggrieved by an administrative decision of a 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 Mateo County in accordance with the timelines and provisions set forth in California Government Code section 53069.4 and Civil Code Sections 1094.5 and 1094.6.

(Ord. No. 04648, § 1, 1-8-2013)

(a) If the violation is not corrected within the schedule listed in the Hearing Officer's decision, the County or a contracting agent hired by the County may enter onto the property on which the violation exists for the purpose of abating the violation. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the County or its contracting agents to enter upon the property for the purpose of abatement.

(b) The cost of any such abatement by the County shall be borne by the property owner, which cost shall include any administrative costs allowed by law as well as the actual costs of abatement.

(Ord. No. 04648, § 1, 1-8-2013)

(a) The County may collect any past due administrative citation penalty, late payment charge, and costs of collection by use of any and all available legal means.

(b) The County may collect any abatement and administrative costs by use of any and all available legal means, including, but not limited to, a personal obligation against the property owner, or as a lien or special assessment recorded on the property.

(Ord. No. 04648, § 1, 1-8-2013)