San Mateo Municipal Code Ch. 1.10 Administrative Citations

(a) This chapter shall be cited as the "Administrative Citation Ordinance."

(b) The City Council finds there is a need for an additional method of enforcement for violations of this code. The City Council finds an appropriate method of enforcement is an administrative citation.

(c) The procedures established in this chapter shall be in addition to criminal, civil or any other legally established procedures that may be pursued to address violations of this code.

(d) The administrative citation process as set forth in this chapter shall apply to all violations and provisions of this code.

(e) Use of this chapter shall be at the sole discretion of the City.

Ord. 2007-1 §§ 5, 6

For purposes of this chapter, "enforcement officer" shall mean any City employee or agent of the City with the authority to enforce any provision of this code as provided in Section 1.04.050.

A fee to cover the City's administrative and other reasonable costs of abating violations of the San Mateo Municipal Code pursuant to this chapter.

(a) Whenever an enforcement officer who has authority to enforce a violation of this code determines that a violation has occurred, the enforcement officer may issue an administrative citation to any person or entity responsible for the violation.

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

(1) The date of the violation;

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

(3) A citation to the section of this code violated and a description of the violation;

(4) The amount of the nuisance abatement fee for the code violation;

(5) A description of the nuisance abatement fee payment process, including a description of the time within which and the place to which the fee shall be paid;

(6) An order of abatement prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

(7) A description of the administrative citation appeal process, including the time within which the administrative citation may be contested; and

(8) The name and signature of the citing enforcement officer.

(c) Except in the case of a violation creating an immediate danger to health or safety, the enforcement officer shall issue a warning notice of violation to the responsible party for a continuing violation pertaining to building, plumbing, electrical or other similar structural or zoning issues, at least 72 hours prior to issuance of an administrative citation. The notice shall be posted at the property or personally served on the responsible party at the time of issuance.

(a) Each and every day a violation of this code exists constitutes a separate and distinct offense. Each section of the code violated constitutes a separate violation for any day at issue.

(b) A nuisance abatement fee for violation of this code may be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the City.

(c) Nuisance abatement fees assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this chapter.

(a) The administrative citation shall be issued on a form prescribed by the City Manager.

(b) The enforcement officer may obtain the signature of the responsible party on the administrative citation to establish personal service of the citation. If that person is not located, refuses or otherwise does not sign the administrative citation, the lack of signature shall in no way affect the validity of the citation and proceedings. In such cases, the enforcement officer shall make service of the citation as otherwise provided herein.

(c) If the enforcement officer is unable to locate the responsible party, or the responsible party refuses or otherwise does not sign the citation, the administrative citation shall be served on the responsible party as follows:

(1) The administrative citation shall be mailed to the responsible party by first class mail. If the responsible party is the property owner, it shall be sent to the mailing address maintained for the property by the County Tax Assessor. If the responsible party is the tenant or other possessor of property where the violation exists, it shall be sent to the property address, if possible. In all other cases, service shall be made at the address maintained for the responsible party by the City for business tax purposes, or at the responsible party's last known address.

(2) The failure of any responsible party to receive a properly addressed and mailed citation shall not affect the validity of any proceeding under this chapter.

(3) Service of the administrative citation in the manner described above shall be effective on the date of mailing.

(a) Persons receiving an administrative citation may appeal it within 10 working days from the date the administrative citation is served. The notice of appeal must be in writing, and accompanied by the nuisance abatement fee, and must specify the basis for the appeal. It must be received by the City within 10 working days. If the deadline falls on a weekend or City holiday, then the deadline shall be extended until the next regular business day.

(b) The Community Relations Commission will hear and decide administrative citation appeals.

(c) As soon as practicable after receiving the written notice of appeal, the City shall review it for sufficiency. If found to be complete and in conformance with this section, the City shall set the appeal hearing for the next available Community Relations Commission meeting. Written notice of the time and place for the hearing may be served by personal service, or first class mail to the address provided by the responsible party on the notice of appeal.

(d) The failure of any person with an interest in the property to receive such properly addressed notice of the hearing shall not affect the validity of any proceedings under this chapter. Service by first class mail shall be effective on the date of mailing.

(e) Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person's rights to contest the merits of the citation and the imposition of the nuisance abatement fee.

(f) The Community Relations Commission shall conduct an orderly fair hearing and accept evidence on which persons commonly would rely in the conduct of their business affairs as follows:

(1) A valid citation shall be prima facie evidence of the violation;

(2) The Community Relations Commission shall accept testimony by declaration under penalty of perjury relating to the violation and the appropriate means of correcting the violation;

(3) The owner, agent, responsible party, or any other interested person may present testimony or evidence concerning the violation and the means and time frame for correction.

(g) The City shall establish all appropriate administrative regulations for conducting hearings and rendering decisions pursuant to this section.

(h) The Community Relations Commission shall determine whether to affirm or dismiss the administrative citation. The Commission may reduce, waive or conditionally reduce the nuisance abatement fee stated in the citations or any late fees assessed based on a showing of good cause. The Commission may impose conditions and deadlines for correction of violations and make such direction to enforcement officers to assure compliance.

(i) The Community Relations Commission shall make findings based on the record of the hearing and make a written decision based on the findings. The City shall preserve all exhibits submitted by the parties for a 180-day period and shall serve the decision by first class mail on the contestant within 10 working days after the hearing. The decision of the Commission may be appealed to the City Council in writing within 10 working days of the day the Commission's decision is served. The appeal before the City Council will follow the same procedures and requirements as the Community Relations Commission hearing.

(a) The City Council shall establish the amounts of the nuisance abatement fees, including increased fees for repeat violations, to be assessed for administrative citations by City Council resolution. Correction of any violation within 10 working days of the date the citation was served, as verified by the enforcement officer, will result in a reduction of the nuisance abatement fee by two-thirds for the first violation of a code.

(b) If the violator or property owner fails to correct the violation, subsequent administrative citations may be issued for the same violation(s).

(c) Payment of the nuisance abatement fee shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the City.

(d) All nuisance abatement fees assessed shall be payable to the City at the address provided on the administrative citation.

(e) If payment of a nuisance abatement fee is not received by the City within 30 calendar days of service of the citation, then a late fee in the amount of 25% of the citation shall be assessed.

(f) The failure of any person to timely pay a nuisance abatement fee assessed by administrative citation or any late fee added thereto, constitutes a debt to the City. To enforce that debt, the Director of Finance or designee may file a claim with the small claims court, or pursue any other legal remedy to collect such money, including by assessment as set forth in Chapter 7.42.

(g) In addition to the nuisance abatement fee assessed by the administrative citation and any late fee thereto, for appeals which have gone before the Community Relations Commission or City Council, either hearing body may assess administrative costs against the violator. The administrative costs may include any and all costs incurred by the City in connection with the matter before the hearing body including, but not limited to, costs of inspection, investigation, attorneys' fees, staffing costs incurred in preparation for the hearing and for the hearing itself and costs for all reinspections of the subject violation.

Any person aggrieved by an administrative decision of the City Council 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 timeliness and other provisions set forth in California Government Code Section 53069.4.