Sebastopol Municipal Code Ch. 15.76 Administrative Citations

Issuance of citations is necessary for gaining compliance in some circumstances. The following sections provide policy and authority for implementing an administrative citation program.

The City of Sebastopol is responsible for the enforcement of laws and regulations for the safeguarding of the public. It is the intent of the City to achieve compliance by means of inspection, notification, and granting a reasonable time to comply and reinspection. The citation shall be used after reasonable means to gain compliance have failed or at the discretion of the Fire Chief or Building Official. The Fire Chief, the Building Official, or their duly designated representatives may issue administrative citations.

A. To gain compliance with the State and local codes, ordinances and regulations.

B. To establish a course of action to be taken when a condition exists that causes an immediate or extreme threat to life or property.

A. California Fire Code Section 103.4.1 states that the “fire chief is authorized to issue such orders as may be necessary for the enforcement of the fire prevention laws and ordinances.” The Fire Chief or their duly designated representative is additionally hereby authorized to enforce the provisions of the City Municipal Code, including all titles and sections therein.

B. California Building Code Section 104.2.1 states that the “building official is hereby authorized and directed to enforce all provisions of this code.” The Building Official or their duly designated representative is additionally hereby authorized to enforce the provisions of the City Municipal Code, including all titles and sections therein.

Except as otherwise specified, violation of the City Municipal Code is punishable as:

A. First offense is considered an infraction, with a fine set by bail schedule.

B. Second offense of the same violation is considered an infraction, with fine set by bail schedule.

C. Third and subsequent violations of the same offense are considered a misdemeanor and are punishable by a fine of not more than $500.00, imprisonment not more then six months, or both. Misdemeanor violations require a mandatory appearance in the appropriate court.

Citations may be issued at the discretion of the enforcement official. When routine violations of the applicable code are encountered, citations will generally be issued subsequent to the second visit, reinspection, or other notice of violation.

Adequate time, as determined by the enforcement official, shall be provided between inspections. This will vary with the seriousness of the violation and the complexity of the work to be done.

In those instances where the time limit for compliance has expired but the violator is making a reasonable effort to comply and no immediate life, environment or property hazard exists, the decision whether or not to issue a citation may be made by the enforcement official.

The citation (notice to appear) shall be signed by the responsible party for the violation. The responsible party may be the owner, lessee or manager.

Issuing a citation is an arrest. The violator’s signature is a promise to appear as instructed and the violator is released upon the violator’s signing. Refusal to sign would require physical arrest.

After the officer has made the decision to arrest, the officer should make the arrest by notifying the violator that the violator is arrested, the cause for the arrest and the authority to make the arrest.

The citation is a release stating that the defendant will appear in court or post bail in lieu of physical arrest. If an individual refuses to sign the citation, all reasonable efforts have been pursued and a signature is not obtainable, the enforcement official will summon a police officer, explain the situation to the police officer, and request a physical arrest.

Each citation shall be numbered, and a copy thereof maintained. A list of all citations will be maintained by the Police Department according to their procedures. If a mistake is made while a citation is being written, it shall be voided and the office copy thereof maintained.

A written notice shall be issued whenever a code violation is encountered. The notice shall be issued to the persons responsible for the premises or their authorized representative.

The time established for reinspection may vary depending on circumstances, but generally, within the time period set by the enforcement official, one of the following should occur:

A. Compliance with requirements.

B. Partial compliance with a designated reinspection date.

C. A satisfactory proposal for compliance with an agreed-upon time for completion.

D. A final notice issued with a warning of pending legal action.

The amount of time permitted for compliance shall be dependent upon the nature of the violation and, as applicable, the hazard and danger created by the violation.

When deemed necessary by the enforcing officer, a pre-citation letter may be issued to warn of a pending citation. Such letters may be sent by certified mail if the violator is not available.

For those hazards that are of an immediate danger to life and safety, the following shall apply:

A. If the hazard is abated as requested, the enforcement official shall send a pre-citation letter advising of a citation procedure for future or similar violations. Citation may be issued for repeat violations.

B. If the hazard is not abated, the enforcement official takes action necessary to abate the hazard and citation is issued immediately.

For those violations not occurring at a permanent place of business, the following shall apply:

A. Violations involving persons who are transient are handled by a citation or by arrest if the violation is committed in the enforcement official’s presence.

B. When a physical arrest is necessary, a police officer shall be requested to take the violator into custody and to ensure proper procedures are followed.

The citation procedures are as follows:

A. Adults cited shall be cited in the local judicial court.

B. Juveniles shall be cited in the juvenile court.

C. Citation books shall be issued by citation number to the assigned enforcement official.

D. The citation shall be completed and all pertinent information entered.

E. When the citation is written and completed, copies shall be distributed as follows:

1. Cited person’s copy: to violator.

2. Court copy (original): Copies of inspection notices shall be attached with a summary sheet and deliver to the Police Department for processing.

3. File copy: File at the appropriate enforcing department.

Restrictions are as follows:

A. Citations shall be issued after reasonable means to gain voluntary compliance have been exhausted, as determined by the enforcement official, and as supported by documentation. Citations issued for violations which present a transient or an imminent life hazard, such as trespassing in a closed area, smoking in closed or restricted areas, failure to obey lawful orders, faulty equipment or procedures, dangerous conditions and violations of a similar nature will not require prior justification.

B. Citations shall be issued by qualified officers as designated by the City.

Uses of citations are as follows:

A. Citations shall be used where a violation of a specific section of the appropriate code or ordinance has occurred.

B. Documentation establishing prior efforts to gain compliance by the responsible City department or enforcement official shall be in evidence. Citations issued for violations which present a transient violation or an imminent life hazard such as trespassing in a closed area, smoking in closed or restricted areas, failure to obey lawful orders, faulty equipment or procedures, dangerous conditions and violations of a similar nature will not require prior justification.

C. Issuing person shall be qualified as required by State law.

D. The date to appear as shown on the citation shall be as set forth by the local court from the date of issuance.

E. Whenever the issuing person questions the uncertainty of releasing the violator upon signing the citation on his promise to appear, the assistance of a police officer should be requested.

F. All violations shall be indicated on the citation with reference to the appropriate code or regulations, including the specific section number.

G. All violations as shown on the citation shall be explained to the violator prior to his signing.