San Mateo Municipal Code Ch. 1.11 Civil Penalties

The City Manager, or designee, may issue a notice of imposition of civil penalty to any person or entity, including a property owner, who has violated any provision of this municipal code, any term or condition of a permit issued by the City, or any final order of the Community Relations Commission, the Planning Commission, or of the City Council.

Notice of the hearing to impose a civil penalty shall be given to the person or entity against whom the civil penalty is to be imposed at least 10 days prior to the hearing. The notice shall be mailed or personally served. The notice shall state the time, place, and date for the hearing, the basis for the civil penalty, the sections of the municipal code or provisions of the order that have been violated, the time period of the violation, and the civil penalty to be imposed, along with a statement that the proposed penalty may be increased or decreased after the hearing.

The City Manager, or designee, shall appoint a hearing officer. The hearing officer shall receive relevant evidence and issue a written decision, including findings of fact. The decision shall be mailed or personally served.For matters considered under Title 7 of the municipal code by the Community Relations Commission or City Council, the Commission or Council may act as a hearing officer. The hearing regarding a civil penalty may be considered at the same time as the hearing regarding a public nuisance.

The hearing officer may consider the following factors in setting a civil penalty: (1) the extent of harm that the violation poses to the community and/or to private individuals; (2) the history of the person or entity and the property regarding previous violations of the municipal code; (3) the corrective efforts taken and efforts to prevent the violations; (4) whether a loss of housing occurs by the violation; (5) the economic gain that resulted, or the potential economic gain that could have resulted, from the violation; (6) other factors deemed relevant by the hearing officer.If the hearing officer finds a violation, the penalty shall be not less than $10.00 a day for each day of violation nor more than $10,000.00 per day for each day of violation; provided that the civil penalty can be greater than $10,000.00 per day if the hearing officer finds that a greater penalty is necessary to remedy the economic gain that resulted, or could have resulted, from the violation and/or the harm to the community or individuals exceeds $10,000.00 per day.

Civil penalties are due and owing within 20 days of service of the hearing officer's decision. Interest shall accrue on all unpaid penalties at the maximum rate allowed by law. The City Attorney is authorized to bring an action to collect any unpaid civil penalty.

The decision of the hearing officer shall constitute a final decision. Judicial review of any decision may be sought pursuant to Code of Civil Procedure Section 1094.5 no later than the 90th day following the date on which the decision is final.

Nothing in this chapter shall prevent enforcement of this code through other actions, such as criminal enforcement or injunctive relief. Full or partial payment of the civil penalty shall not excuse the failure to correct the code violation wholly and permanently nor shall it preclude the assessment of further civil penalties.