San Mateo Municipal Code Ch. 1.14 Administrative Compliance Orders

(a) This chapter shall be cited as the "Administrative Compliance Order 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 compliance order.

(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 compliance order process as set forth in this chapter shall apply to all violations and failures to comply with mandatory provisions established by this code.

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

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) Issuance. An enforcement officer may issue a written compliance order, providing a reasonable time for correction of not less than 10 working days, to any person responsible for a municipal code violation.

(b) Contents of Administrative Compliance Order. A compliance order issued pursuant to this chapter shall contain the following information: the date and location of the violation; the section of this code violated and a description of the violation; the action required to correct the violation; the time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved; and the amount of penalties that will begin to accrue.

(c) Compliance and Failure to Comply. If the enforcement official determines that all violations have been corrected within the time specified in the compliance order or within any amended orders, the enforcement official shall so advise each party to whom the compliance order was addressed. If full compliance is not achieved within the time specified in the compliance order or within any amended orders, the enforcement official shall schedule a hearing before the Community Relations Commission.

(d) Administrative Order by Community Relations Commission. If the Community Relations Commission determines that a violation occurred which was not corrected within the time period specified in the compliance order, the Commission shall issue an administrative order which imposes any or all of the following: an order to correct code violations, including a schedule for correction, if appropriate; administrative penalties; and administrative costs of enforcement.

(e) Administrative Penalties. The Community Relations Commission may impose administrative penalties for each day during which a violation occurs after compliance was ordered. Administrative penalties assessed by the Commission shall be due by the date specified in the administrative order.

(a) The enforcement officer may serve the compliance order personally upon the responsible party or the property owner to establish personal service of the order. Alternatively, the enforcement officer shall make service of the citation 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.

(b) 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.

(c) Service of the administrative compliance order in the manner described above shall be effective on the date of mailing.

(d) The City Manager may establish appropriate administrative regulations for implementing the ordinance codified in this chapter.

(a) The Community Relations Commission shall hear and decide administrative compliance orders.

(b) Written notice of the time and place for the hearing may be served by personal service, or first class mail to the address provided in the compliance order.

(c) 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.

(d) 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 compliance order shall be prima facie evidence of the violation;

(2) The Community Relations Commission may accept testimony by declaration or in person 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.

(e) The Community Relations Commission may establish all appropriate administrative regulations for conducting hearings and rendering decisions pursuant to this section.

(f) The Community Relations Commission shall determine whether to affirm or dismiss the administrative compliance order and shall set the amount of administrative penalties and administrative costs. The Commission may impose conditions and deadlines for correction of violations and make such direction to enforcement officers to assure compliance.

(g) The Community Relations Commission shall make findings based on the record of the hearing and make a written decision based on the findings 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) If the violator or property owner fails to correct the violation by the date due on the compliance order, the Community Relations Commission shall establish an administrative penalty, not to exceed $1,000.00 per day per violation, and a date the penalty and any administrative costs shall be due and payable. In addition to administrative penalties, the Commission 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 Community Relations Commission, 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.

(b) Jurisdiction. After the administrative order becomes final, the Community Relations Commission shall maintain continuing jurisdiction until full compliance is achieved and shall have the power to modify the administrative order, after providing the person subject to the administrative order with notice and an opportunity to be heard. Notwithstanding this provision, the City Attorney has independent jurisdiction to pursue alternate remedies for the same violations regardless of the pendency of the administrative proceedings pursuant to this chapter.

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

(d) All administrative penalties assessed shall be payable to the City at the address provided on the administrative compliance order.

(e) The failure of any person to timely pay an administrative penalty and/or administrative costs imposed by the Community Relations Commission 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. Administrative costs may be collected as an assessment as set forth in Chapter 7.42.

Any person aggrieved by an administrative decision of the City Council on an administrative compliance order 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.