Article 3-30

ADMINISTRATIVE CITATIONS*

Sections:

(a) Use of this Article shall be at the sole discretion of the City and is one remedy that the City has to address violations of the Code, as defined in this Article. This Article provides for imposition of an administrative fine pursuant to a citation for any violation of the Code, as well as for a breach or violation of any condition of a permit, approval or license issued pursuant to the Code. By adopting or utilizing this Article, the City does not limit its discretion or ability to utilize any criminal, civil or other remedies, or any combination thereof allowed by law, to address any violations of the City's laws and regulations. This remedy may be utilized in place of, or in addition to, any other remedy allowed by the Code or State law. The Enforcement Officer shall have discretion to utilize any remedy or remedies as authorized by law.

(b) This Article makes any violation of the provisions of the Saratoga City Code and other regulations subject to administrative fines.

(c) This Article establishes the administrative procedures for the imposition, enforcement, collection and administrative review of administrative fines pursuant to California Government Code Section 53069.4.

(d) An administrative fine shall be imposed by means of an administrative citation issued by an Enforcement Officer and shall be paid directly to the City of Saratoga. Payment of a fine shall not excuse a failure to correct a violation nor shall it bar further enforcement action by the City.

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

*Editor’s note— Ord. No. 342, § 1(Att. A, § 1), adopted Oct. 19, 2016, amended in its entirety and effectively repealed the former Art. 3-30, §§ 3-30.010—3-30.130, enacting a new Art. 3-30 as set out herein. The former Art. 3-30 pertained to similar subject matter and derived from Ord. No. 276, §§ 1, 2, adopted Jan. 20, 2010.

(a) Whenever an Enforcement Officer determines that a violation of the Code has occurred, the Officer may issue a citation on a form approved by the City Attorney imposing an administrative fine or fines to the responsible person(s) if such violation is not corrected by the time specified in the citation. An Enforcement Officer may issue an administrative citation without a period for correction upon witness of any transient violation as defined in Section 3-01.020 or if a notice of violation pursuant to Section 3-10.005 has previously been served.

(b) An Enforcement Officer may issue a citation for a violation not committed in the officer's presence if the officer has determined, through investigation, that the citee did commit, or is otherwise responsible for, the violation.

(c) Pursuant to the fine amount set forth within this Article or a schedule of fines adopted from time to time by resolution by the City Council in accordance with State law, a separate fine may apply for each day on which a transient violation occurs and each day upon which a nontransient violation continues, shall be a separate violation for which a citation may be issued.

(d) Each citation shall contain the following information:

(1) Name and mailing address of the responsible person;

(2) The address or description of the location of the violation;

(3) The date of commission of the violation(s) or detection thereof by an Enforcement Officer;

(4) If applicable, the date a notice of violation was issued and the date that notice set for correction of the violation;

(5) The Code provision(s) violated;

(6) A description of the violation(s);

(7) Amount of the fine for each violation, and the procedure and place to pay the fine(s), and any late charge(s), if not timely paid;

(8) When appropriate, the action(s) required to correct the violation(s), and, if applicable, any deadlines or time limitations for commencing and completing such action(s);

(9) If a notice of violation pursuant to Section 3-10.005 has not been previously served, a statement advising (i) that such responsible person(s) may appeal the administrative citation to the Hearing Officer pur-

36.9

(Saratoga Supp. No. 57, 1-26)

3-30.020

suant to Section 3-10.050 of this Code, and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter;

(10) The name and signature of the Officer; and

(11) Any other information deemed necessary by the Officer.

(e) Service of the administrative citation shall be made pursuant to Section 3-10.030.

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

(a) The amount of the fines for violating particular provisions of this Code may be set in a schedule of fines adopted from time to time by resolution by the City Council in accordance with State law. The schedule may include escalating fine amounts for repeat violations occurring within specified periods of time.

(b) The schedule of fines shall specify the amount of late payment penalty owed for any fine not paid when due.

(c) Reserved.

(d) Administrative fines and any late charges due shall be paid to the City at such location or address as stated in the citation, or as may otherwise be designated by the City Manager.

(e) The due date for the City's receipt of a an administrative fine shall be thirty calendar days from the issuance date of a citation. Thereafter, a late charge shall be due and owing.

(f) Payment of an administrative fine shall not excuse or discharge a citee from the duty to immediately abate a violation of the Code, nor from any other responsibility or legal consequences for a continuation or repeated occurrence(s) of a violation of the Code.

(g) Abatement of a violation shall not excuse the obligation of a citee to pay an administrative fine, or any late charge.

(h) Unpaid administrative fines and/or late charges shall constitute a debt that may be collected in any manner allowed by law. Where authorized by law the City shall be entitled to recover its attorney's fees and costs arising from an action to collect an administrative fine and/or late charge if it is the prevailing party. (Ord. No. 342, § 1(Att. A, § 1), 10-19-2016; Ord. No. 364, § 1(Exh. A), 9-4-2019)

Whenever the responsible person is a person under the age of eighteen, the Enforcement Officer shall provide copies of all notices, citations, and other documents specified in this Article to the parent(s) and/or legal guardian(s) of the responsible person. Any fine levied pursuant to this Article many be levied jointly and severally against the juvenile and the parent(s) and/or legal guardian(s) of the juvenile. The parent(s) and/or legal guardian(s) shall have the right to a hearing and judicial review as set forth in this Article. (Ord. No. 342, § 1(Att. A, § 1), 10-19-2016)

(a) Failure of a citee to comply with a corrective action stated in any uncontested citation, or with regard to a correction order in any Hearing Officer's decision that is deemed confirmed, shall constitute a misdemeanor.

(b) Any person having a record of noncompliance with corrective action or nonpayment of fine(s) may be required to post security in the form acceptable to the City Attorney to ensure compliance with the Code as a condition to the issuance of any entitlement, permit, approval or license.

(c) The officer may dismiss a citation at any time if a determination is made that it was issued in error.

(d) Any person subject to a fine issued pursuant to this Article may petition the City Manager or the Manager's designee for a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. The application shall include a sworn affidavit, together with any supporting documents or materials, demonstrating the person's actual financial inability to pay the fine. In determining the responsible party's financial ability or inability to pay the fine, the City Manager or designee shall consider the amount of the penalty imposed, the income of the responsible party, the expenses of the responsible party, and any other factors that are reasonably related to the responsible party's ability to pay the fine. If the hardship waiver application is denied, a written determination listing the reasons for said denial shall be issued and provided to the applicant at the address listed on the petition.

(Saratoga Supp. No. 57, 1-26)

36.10

3-30.050

(e) The City Manager is authorized to promulgate procedural rules and regulations governing the civil administrative citation process consistent with this Article and applicable law.

(Ord. No. 342, § 1(Att. A, § 1), 10-19-2016; Ord. No. 413, § 1(Exh. A, § 5), 11-5-2025)

36.11

(Saratoga Supp. No. 57, 1-26)