San Rafael Municipal Code Ch. 1.44 Administrative Citations

This chapter provides for administrative citations which are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this code or other public nuisances.

(Ord. 1706 § 6 (part), 1997).

A. Whenever a code enforcement official charged with the enforcement of any provision of this code determines that a violation of that provision has occurred, the code enforcement official shall have the authority to issue an administrative citation to any person responsible for the violation, subject to the limitations contained in subsection C of this section.

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. The section of this code violated and a description of the violation;

4. The amount of the fine for the code violation;

5. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

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

7. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and

8. The name, signature and department of the citing code enforcement official.

C. Prior to issuing an administrative citation for a continuing violation of this code pertaining to building, plumbing, electrical or other similar structural or zoning issues, that do not create an immediate danger to health or safety, the code enforcement official shall serve a pre-citation notice on the person responsible for the violation containing the following information:

1. The date the violation was observed;

2. The address or a definite description of the location where the violation was observed;

3. The section of this code violated and a description of the violation;

4. The compliance date by which the violation shall be corrected or otherwise remedied, which shall be no less than fifteen (15) days and no more than sixty (60) days from the date the pre-citation notice is given, as determined to be reasonable by the code enforcement official;

5. A statement that if the violation is not corrected by the specified compliance date, that an administrative citation will be issued which imposes a fine, for the amount of which will be specified; and

6. The name, signature and department of the code enforcement official issuing the pre-citation notice.

(Ord. 1706 § 6 (part), 1997).

A. The amounts of the fines for code violations imposed pursuant to this chapter shall be set forth in a schedule of fines established by resolution of the city council.

B. The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person within thirty-six (36) months from the date of an administrative citation.

C. The schedule of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date.

(Ord. 1706 § 6 (part), 1997).

A. The fine shall be paid to the city within thirty (30) days from the date of the administrative citation.

B. Any administrative citation fine paid pursuant to subsection A of this section shall be refunded in accordance with Section 1.44.100 if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

C. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.

(Ord. 1706 § 6 (part), 1997).

A. Any recipient of an administrative citation may contest that there was a violation of this code, or that he or she is the responsible party, by completing a request for hearing form and returning it to the director of administrative services within thirty (30) days from the date of the administrative citation, together with an advance deposit of the fine, except where an advance deposit hardship waiver has been obtained in accordance with procedures adopted by the director of administrative services.

B. A request for hearing form may be obtained from the department specified on the administrative citation.

C. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.

(Ord. 1706 § 6 (part), 1997).

The city manager shall designate administrative hearing officers who shall conduct any hearings on contests to administrative citations. The qualifications for the administrative hearing officer shall be designated in the procedures manual.

(Ord. 1706 § 6 (part), 1997).

A. No hearing to contest an administrative citation before an administrative hearing Officer shall be held unless the fine has been deposited in advance in accordance with Section 1.44.050 or an advance deposit hardship waiver has been obtained in accordance with procedures adopted by the director of administrative services.

B. A hearing before the administrative hearing officer 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.

C. At the hearing, the party contesting the administrative citation, and the code enforcement official, shall be given the opportunity to testify and to present evidence concerning the administrative citation.

D. The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

E. The administrative citation and any report submitted by the code enforcement official to the administrative hearing officer shall constitute prima facie evidence of the respective facts contained in those documents.

F. The administrative hearing officer may continue the hearing for good cause, and request additional information from the code enforcement official or the recipient of the administrative citation prior to issuing a written decision, provided that the hearing shall not be continued for more than fifteen (15) days.

(Ord. 1706 § 6 (part), 1997).

A. After considering all of the testimony and evidence submitted at the hearing, and within fifteen (15) days after the conclusion of the hearing, the administrative hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. The decision of the administrative hearing officer shall be final. The administrative hearing officer's decision shall include a statement that the recipient of the administrative citation has appeal rights.

B. The administrative hearing officer's decision shall include a statement that the person who received the administrative citation may contest the decision by filing a notice of appeal in accordance with the timelines and procedures specified in Government Code Section 53069.4.

C. If the administrative hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city.

D. If the administrative hearing officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the administrative hearing officer shall set forth in the decision a schedule for payment of the fine, which shall not extend more than one hundred and eighty (180) days from the date of the decision.

E. If the administrative hearing officer determines that the administrative citation should be canceled and the fine was deposited with the city, then the city shall promptly refund the amount of the deposited fine, together with interest at the average rate earned on the city's investment portfolio for the period of time that the fine amount was held by the city.

F. The recipient of the administrative citation shall be served with a copy of the administrative hearing officer's written decision.

(Ord. 1706 § 6 (part), 1997).

Any person who fails to pay to the city any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines.

(Ord. 1706 § 6 (part), 1997).

The city may collect any past due administrative citation fine or late payment charge by use of all available legal means. The city also may recover its collection costs, and reasonable attorney's fees, in any civil action brought to collect administrative citation fines and late payment charges.

(Ord. 1706 § 6 (part), 1997).

Any person aggrieved by the decision of an administrative hearing officer on an administrative citation may obtain review of the decision by filing a notice of appeal with the Marin County Courts in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.

(Ord. 1706 § 6 (part), 1997).

A. The administrative citation, pre-citation notice, administrative hearing officer decision, and all notices required to be given by this chapter shall be served on the responsible party in accordance with the provisions of Section 1.08.060 of this code.

B. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.

(Ord. 1706 § 6 (part), 1997).