Shafter Municipal Code Ch. 1.12 Procedures for Enforcing and Imposing Administrative Fines and Penalties

Every violation of a provision of this code, the penalty for which is defined as an "infraction" or "misdemeanor," shall be subject to an administrative fine and penalty. The provisions of this chapter relating to administrative fines and penalties are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of codes, ordinances, mandates, regulations, resolutions, rules or other laws adopted by the city, or other applicable state codes. Use of this chapter shall be at the sole discretion of the city and nothing in this chapter shall prevent the city from initiating a civil, criminal or other legal or equitable proceedings as an alternative to the proceedings set forth in the administrative fine and penalty provisions of this chapter.

(Ord. 518 § 1 (part), 1999)

The following definitions shall apply for purposes of this chapter:

"Administrative citation" means the written notice provided to a responsible person to inform them of a violation of city codes.

"City" means the city of Shafter.

"City codes" means any codified or noncodified ordinance or law adopted by the city.

"Enforcement officer" means any individual employed or otherwise charged by the city to enforce codes, ordinances, mandates, regulations, resolutions, rules or other laws adopted by the city.

"Hearing officer" means a person independent of the city designated by the city manager to determine the validity of a violation or complaint.

"Nonemergency health or safety violation" means a violation of any building, plumbing, electrical or other similar structural or zoning ordinance which does not create an immediate danger to health or safety.

"Nonsubstantive violation" means a violation of city codes that can be reasonably corrected or otherwise remedied on the same day the violation is observed including, but not limited to, building, plumbing, electrical or other similar structural or zoning violations that create an immediate danger to health or safety.

"Responsible person" means a natural person or legal entity; a natural person or legal entity who is the owner, tenant, cotenant, lessee, sublessee or other person with any right to possession of the property where a violation of city codes occurs that is related to the use of property; the owner, majority stockholders, corporate officers, trustees, and general partners of a legal entity; and the on-site manager who normally works daily at the site and is responsible for the activities at such premises. Responsible person also include the parent of legal guardian of a minor that commits a violation of this code.

"Substantive violation" means a violation of city codes that cannot be reasonably corrected or otherwise remedied on the same day the violation is observed including, but not limited to, nonemergency health or safety violations.

(Ord. 518 § 1 (part), 1999)

(Ord. No. 718, § 2, 6-26-2020)

A. It is unlawful for any person to violate any provision of the city codes.

1. Nonsubstantive Violations. Whenever an enforcement officer finds that a nonsubstantive violation of city codes has occurred, the enforcement officer shall have the authority to issue an administrative citation notifying the responsible person of the violation and the administrative fine owed to the city. The administrative citation shall inform the responsible person that the nonsubstantive violation shall be remedied or otherwise corrected immediately. Fines for nonsubstantive violations shall be due within twenty-four hours of the issuance of the administrative citation.

2. Substantive Violations and Nonemergency Health and Safety Violations. When an enforcement officer finds that a substantive violation or nonemergency health and safety violation has occurred, the enforcement officer shall have the authority to issue an administrative citation that provides for a reasonable period of time of at least seven calendar days, not to exceed thirty calendar days, to correct or otherwise remedy the substantive violation or nonemergency health and safety violation prior to the imposition of an administrative fine. The responsible person may request an extension of the correction period; provided that, a written request is filed with the enforcement officer before the correction period ends. The enforcement officer may grant in writing, in his or her discretion, a reasonable extension of the period of time to correct the violation if the responsible person has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period. If the responsible person provides proof to the enforcement officer, that the violation has been corrected or otherwise remedied within the period of time allotted for correction, then no fines shall be assessed and the administrative citation shall be canceled.

3. Fireworks Violations. Violations of Section 8.12.020 of this code shall subject a responsible person to an immediate citation and fine in an amount determined by separate resolution of the City Council. Fines for fireworks violations shall be due within seven calendar days of the date of issuance of the administrative citation.

B. Each administrative citation shall contain the following information:

1. The date and time the violation was observed;

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

3. The section of city codes violated and a description of the violation;

4. A description of the action required to correct the violation;

5. The number of days provided to correct or otherwise remedy a substantive violation or nonemergency health and safety violation prior to the imposition of fines and/or penalties;

6. The amount of the fine/penalty assessed for the violation;

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

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

9. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the procedure for contesting the administrative citation;

10. The name and signature of the citing enforcement officer.

C. Service of the administrative citation shall be made by: (1) personal service on the responsible person(s) in the same manner as a summons in a civil action pursuant to Code of Civil Procedure Section 415.10; or (2) certified mail, return receipt requested. When certified mail is used, service shall be complete at the time the citation is deposited into the United States mail; or (3) in instances when personal service or certified mail is unsuccessful, then service shall be provided by publishing a notice in a newspaper of general circulation and posting an eight and one-half by eleven inch enlargement of the administrative citation in a conspicuous location on or in front of the property.

(Ord. 518 § 1(part), 1999)

(Ord. No. 718, § 3, 6-26-2020)

A. Except as otherwise prescribed elsewhere in city codes, every offense specifically declared to be an infraction or misdemeanor is punishable by a fine not exceeding fifty dollars for a first violation, a fine not exceeding two hundred dollars for a second violation of the same provision within one year, and a fine not exceeding five hundred dollars for each additional violation of the same provision within one year.

B. Fines not paid prior to their due date shall be subject to an additional twenty-five dollar penalty for every day of delinquency. Penalties shall not be assessed to responsible persons who have been granted a payment schedule for the payment of fines and/or penalties pursuant to Section 1.12.090(K).

C. Pursuant to Chapters 1.04 and 1.08, Title 1 of this code, a violation of city codes can be filed as an infraction or misdemeanor at the city attorney's discretion. For purposes of this chapter, violations shall not be subject to the maximum infraction penalties provided in California Government Code Section 53069.4.

(Ord. 518 § 1(part), 1999)

A. All fines are due on the day the administrative citation is issued or the date noted on the administrative citation except that fines imposed for substantive violations or nonemergency health and safety violations shall be due on the day following the expiration of the reasonable period of time granted to correct or otherwise remedy the violation or upon the expiration of any extension granted.

B. Any administrative citation fine or penalty paid pursuant to Section 1.12.050(A) above shall be refunded if it is determined, after hearing, that the person charged was not the responsible person or there was no violation as charged in the administrative citation.

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

D. The city may use all available legal means to collect any past due fines, penalties and other related costs including, but not limited to, initiating an action in small claims court, assessing a lien against the property in accordance with Section 2881 of the California Civil Code, or referring the matter to a collection agency.

(Ord. 518 § 1 (part), 1999)

(Ord. No. 718, § 4, 6-26-2020)

A. Any recipient of an administrative citation may contest that there was a violation of city codes or that he/she is the responsible person. A recipient may request an administrative hearing by filing a written request for hearing no later than fifteen calendar days from the effective date of the administrative citation. The written request shall include a detailed written explanation as to why the administrative citation is being contested.

B. The recipient of an administrative citation shall deposit the amount of the fine and/or penalty specified on the administrative citation with the city administrative services director at the time he/she returns the request for hearing form, or he/she shall request an advance deposit hardship waiver pursuant to Section 1.12.070.

C. The recipient of an administrative citation requesting the hearing shall be notified of the time and place set for the hearing at least ten calendar days prior to the date of the hearing. The hearing shall be set for a date that is not less than fifteen nor more than thirty calendar days from the date that a completed request for administrative hearing is filed in accordance with the above provisions.

D. No hearing shall be held unless and until the fine or penalty has been deposited with the city clerk or an advance deposit hardship waiver has been issued.

(Ord. 518 § 1(part), 1999)

A. Any person who intends to request an administrative hearing and is financially unable to make the advance deposit of the fine or penalty as required herein, may file a request for an advance deposit hardship waiver.

B. The recipient of an administrative citation shall complete an advance deposit hardship waiver form and return it to the city manager along with the written request for hearing. The recipient of an administrative citation may request an advance deposit hardship waiver form by telephone, mail or in person, but shall be solely responsible for completing and returning it within the required time.

C. The city manager may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the applicant submits the required advance deposit hardship waiver form and includes a sworn affidavit and any supporting documents or materials demonstrating to the satisfaction of the city manager that it would be a significant financial detriment on the recipient of the administrative citation to deposit the full amount of the fine or penalty in advance of the hearing. The requirement for depositing the full amount of the fine or penalty shall be sustained unless or until the city manager makes this determination. The city manager shall serve written notice of his/her determination on the recipient of the administrative citation by certified mail, return receipt requested. Service shall be deemed complete at the time the notice is deposited into the mail and addressed to the person at the address indicated on the administrative hearing request form. The notice shall include a brief description of the reasons for the city manager's determination to issue or not issue the advance deposit hardship waiver. The written determination of the city manager shall be final.

D. If the city manager determines not to issue an advance deposit hardship waiver, the recipient of the administrative citation shall remit the deposit amount to the city manager within ten days of service of that decision, or thirty calendar days from the date of the administrative decision.

(Ord. 518 § 1(part), 1999)

The city manager shall designate the hearing officer for the administrative citation hearings.

(Ord. 518 § 1 (part), 1999)

A. All hearings shall be held before the hearing officer.

B. At the hearing, all persons contesting the validity of an administrative citation shall be given the opportunity to testify and present evidence concerning the administrative citation.

C. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer, then a copy of this report shall be served on the person requesting the hearing by certified mail, return receipt requested at least five calendar days prior to the date of the hearing. Service shall be deemed complete at the time the report is deposited into the mail and addressed to the person at the address indicated on the administrative hearing request form.

D. Failure of the party contesting the administrative citation to appear at the hearing shall constitute forfeiture of the fine and a failure to exhaust his/her administrative remedies.

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

F. The hearing officer may continue the hearing from time to time and provide the responsible person with additional time in which to remedy the violation. In addition, the hearing officer may request additional information or evidence from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

G. All hearings shall be recorded by a video or audio device, unless the city decides to utilize a court reporter. If a court reporter is not utilized, the city is not required to provide transcriptions of any hearings, but is required to make the video or audio tape(s) available to the responsible person within thirty days after the hearing. The city may charge a reasonable fee for reproducing the tapes. If a court reporter is utilized, the recipient of the administrative citation may obtain a copy of the transcript upon payment of any applicable reasonable fees or costs. The city may destroy such tapes or transcripts following the time during which any and all appeals of the administrative citation shall have been made.

H. The hearings need not be conducted in accordance with technical rules of evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil action in a California court of competent jurisdiction. Any relevant evidence shall be admitted if it is the type on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might consider such admission improper in a civil action. Oral evidence shall be taken only on oath or affirmation. Irrelevant or unduly repetitious evidence shall be excluded.

I. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to affirm or cancel the administrative citation. The written decision shall include the hearing officer's findings for that decision, as well as information regarding the recipient's appeal rights to the courts. The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision by certified mail, return receipt requested. The decision of the hearing officer shall be the city's final administrative decision.

J. If the hearing officer determines that the administrative citation should be affirmed, the fine and/or penalty amount on deposit with the city shall be retained by the city. In addition, the hearing officer shall assess the hearing costs associated with holding the hearing.

K. If the hearing officer determines that the administrative citation should be upheld, but the fine and/or penalty has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fine and/or penalty as well as the hearing costs associated with holding the hearing.

L. If the hearing officer determines that the administrative citation should be canceled, and the fine and/or penalty has been deposited with the city, the city shall promptly refund the amount of the deposited fine and/or penalty. In addition, no hearing costs shall be assessed.

(Ord. 518 § 1 (part), 1999)

The administrative citation process described in this chapter does not preclude the city from recovering any code violation abatement costs incurred by the city in performing its code enforcement efforts pursuant to this code.

(Ord. 518 § 1(part), 1999)

Any person aggrieved by the administrative decision of a hearing officer may obtain review of the administrative decision by filing a petition for review with the municipal court in Kern County in accordance with the provisions set forth in California Government Code Section 53069.4.

(Ord. 518 § 1(part), 1999)

Any and all notices or decisions required to be given by the administrative provisions of this chapter shall be served on the responsible person by certified mail, return receipt requested. The notices or decisions shall be addressed to the recipient at the last known address for that person, including the address provided on forms required by the administrative provisions of this chapter. Personal service may be substituted for mailed notice any time. Actual notice shall be deemed adequate notice regardless of the method of service. Failure to receive any notice shall not affect the validity of any proceedings conducted hereunder.

(Ord. 518 § 1(part), 1999)

If any section, subsection, sentence, clause phrase or provision of the ordinance codified in this chapter or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect any other section, subsection, sentence, clause, phrase or provision of this chapter. The city council of the city of Shafter declares that it would have passed this chapter and each section, subsection, sentence, clause, phrase or provision hereof, irrespective of the fact that any one or more sections, subsection, sentences, clauses, phrases or provisions be declared invalid or unconstitutional and, to this end, any such section, subsection, sentence, clause, phrase or provisions deemed unconstitutional or invalid is declared to be severable.

(Ord. 518 § 1 (part), 1999)