Soledad Municipal Code Ch. 1.10 Citations—administrative Penalties

It is the purpose and intent of this chapter to provide an alternative method of enforcement for violations of this code. The provisions of this chapter are cumulative and in addition to any other remedies available under federal, state, or local law. Use of this chapter shall be at the sole discretion of the city.

(Ord. 663, 2009)

For the purposes of this chapter, certain words and phrases used are defined as follows:

"Administrative citation" means the notice of violation issued by an enforcement official that imposes an administrative fine for a violation of this code that, in the opinion of the enforcement official, poses a less a than serious threat to public health, safety, and welfare.

"Administrative fine" means the amount of a fine imposed by an administrative citation for a violation of the Soledad Municipal Code in an amount determined according to Section 1.10.070 of this chapter.

"Enforcement official" means any officer, code official, agent or designee of the city manager with the authority to enforce any provision of the Soledad Municipal Code.

"Municipal code violation" means any violation of the Soledad Municipal Code ("code").

"Person" means any natural person, business, company or entity, including the parent or legal guardian of any person under the age of eighteen years old.

"Stop work order" means a specific order requiring a person, agent, representative, employee or contractor to immediately stop or discontinue some or all work on a specific project or structure due to a violation of the provisions of this code, including but not limited to, safety violations, defective materials, workmanship, or lack of obtaining a building permit to do such work.

(Ord. 663, 2009)

Any person violating any provision of this code may be issued an administrative citation as provided in this chapter. A violation of this code includes, but is not limited to, all violations of this code, including the building codes as adopted by the city, California codes and the failure to comply with any condition imposed by any entitlement, agreement, or environmental document issued or approved under the provisions of this code.

(Ord. 663, 2009)

The procedures established in this chapter shall supplement and be in addition to any criminal, civil or other remedy established by law or under the provisions of this code which may be pursued to address municipal code violations.

(Ord. 663, 2009)

A. Correction Period. Prior to the issuance of an administrative citation for violations that do not create an immediate danger to health or safety or that are identified in the "stop work" provisions of this chapter, the enforcement official shall provide a reasonable period of time not less than thirty calendar days to correct or otherwise remedy the violation.

B. Issuance of Administrative Citation. Whenever an enforcement official discovers that a violation of this code has occurred, the enforcement official shall have the authority to issue an administrative citation to the person responsible for the violation in the following manner:

1. Personal Service. In any case where an administrative citation is issued, the enforcement official shall attempt to locate and personally serve the person responsible for the violation with the administrative citation. If the person served with the administrative citation refuses to sign the administrative citation, such refusal shall not affect the validity of the administrative citation or of subsequent proceedings.

2. Service of Citation by Mail. If the enforcement official is unable to personally serve the person responsible for the violation, then the administrative citation shall be mailed to the responsible party by certified mail, postage prepaid with a requested return receipt. Where a code violation concerning real property is involved, an administrative citation and subsequent written notices authorized by this chapter may be served by certified mail at the address as shown on the last equalized county assessment roll. If the certified mail receipt is returned unsigned, then the citation may be sent by first class mail, and service shall be deemed effective at the time of deposit at the U.S Post Office provided that said notice is not returned by the U.S. Post Office as undeliverable.

3. Where a code violation of real property is involved and personal service or service by certified mail upon the property owner is unsuccessful, a copy of the administrative citation may be posted on the property that is subject of the violation in addition to or as an alternative to sending by first class mail.

4. If the enforcement official does not succeed in serving the responsible party personally, by certified or regular mail, and the city is not aware that the responsible party has a legal interest in any real property within the city, the enforcement official shall cause the administrative citation to be published once a week for four successive weeks in a local newspaper published at least once a week.

5. If the party responsible for the violation is a corporation, the enforcement official shall attempt to issue the administrative citation to any head of the corporation, including the president, vice president, secretary, treasurer or general manager, or person authorized to receive service of process in any civil action. Absent personal service, service may be sent via certified mail to any of the above-referenced persons at the mailing address for the corporation. Similarly, if the party responsible for the violation is a business other than a corporation, the enforcement official shall attempt to issue the administrative citation to the business owner or manager, and in the absence of such personal service, shall issue the citation via certified mail to the attention of the business owner or manager or other responsible person at the business address.

6. Where service of any notice required under this chapter is effected in compliance with the requirements of this section, the asserted failure of the person responsible for the violation to receive the notice shall not affect the validity of any proceedings taken under this chapter.

C. Administrative Citation Contents. To the extent the following information is reasonably available to the enforcement official, the administrative citation shall be provided on a form approved by the city manager and shall contain the following information:

1. Date and time the administrative citation is issued.

2. The name of person responsible for the violation, if available, property address of where violation(s) exist, mailing address and if possible, notation of whether citation is issued to owner, tenant or agent;

3. Reference to the code section(s) violated and description of the violation(s);

4. Time period after which administrative penalties will start to accrue if compliance with the notice of violation has not been achieved;

5. Amount and due date of fine(s) imposed for the violation where the correction period has passed and compliance has not been achieved ("administrative fine");

6. Location and manner for payment of fine, as well as the time period by which the fine must be paid;

7. Explanation of the procedure for contesting the citation;

8. A warning that a failure to pay the fine or a failure to request and appear at an administrative hearing may result in the penalties described in Section 1.10.110(B).

9. Name and signature of the enforcement official, method of delivery and date.

(Ord. 663, 2009)

A. Applicability of Section. Section 1.10.060 shall only apply when the municipal code violation pertains to building, plumbing, electrical, mechanical or other similar structural or zoning issues that do not create an immediate danger to health or safety.

B. Stop Work Order. Upon discovery of a condition that meets the criteria established in subsection A of this section, the enforcement official shall issue a written "stop work order" to the project by personal service and by posting a notice at such address. Such notice shall refer to the code section(s) violated and describe how the person responsible for the violation violated the code section(s). The stop work order shall also describe the action necessary to correct, or eliminate the violation and state the date by which the correction must be corrected or otherwise show a good faith effort to resolve the issue(s). A stop work order may be appealed in accordance with the process established for appeals set forth in Section 15.04.040.

C. Correction Period. A person responsible for the violation of this section shall have ten calendar days to correct or otherwise make a good faith effort to resolve the issue(s) and continue to progress to avoid the issuance of an administrative citation and the imposition of a fine(s). A correction period longer than ten calendar days may be granted upon request and if deemed necessary by the enforcement official.

D. Administrative fines apply if compliance is not achieved prior to the correction period as set forth in subsection C of this section.

(Ord. 663, 2009)

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

B. The schedule of fines shall specify any penalties for repeat violations of the same code provision by the same person within thirty-six 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.

D. Payment of a fine shall not excuse or discharge the failure to correct the violation(s), nor shall it bar further enforcement action by the city.

E. The person responsible for the violation shall pay the fine within the time and in the amount designated on the administrative citation.

F. Any administrative fine which has been paid shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation is not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.

(Ord. 663, 2009)

A. Purpose. It is the purpose and intent of the city to afford due process of law to any person who is issued an administrative citation.

B. Any person to whom an administrative citation is issued may contest the citation no later than thirty calendar days from the date of service of the citation by completing a request for hearing form and returning it to the city and by either depositing the administrative fine with the city or providing notice that a hardship waiver request has been filed pursuant to subsection (D) of this section.

C. At least fifteen calendar days prior to the date of the administrative hearing, the city shall, by certified mail, personal service or mail, give notice to the person requesting the hearing, the time, date and location of the hearing. No hearing to contest an administrative citation before a hearing officer shall be held unless and until a request for hearing form has been completed and filed with the city and, the fine has been paid in advance or a hardship waiver granted.

D. Hardship Waiver. Any person who intends to request a hearing to contest that there was a violation of the code or that he or she is the responsible party and who is financially unable to make the advance deposit of the penalty as required in Section 1.10.080 may file a request for an advance deposit hardship waiver pursuant to the provisions of this section:

1. The request shall be filed with the city, along with the request for hearing form, on an advance deposit hardship waiver application form, available from the city, within fifteen calendar days of the date of the administrative citation.

2. The requirement for an advance deposit may be waived and the advance deposit hardship waiver may be granted only if the cited party submits to the city a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the city manager the person's actual financial inability to deposit with the city the full amount of the penalty in advance of the hearing.

3. In the event of denial of the advance deposit hardship waiver, the full amount of the administrative fine as described in this section shall be paid.

4. If the city makes a determination to deny the advance deposit hardship waiver application, a written determination listing the reasons for said denial shall be issued and shall be served by mail upon the person requesting the waiver.

(Ord. 663, 2009)

The city manager shall designate an administrative hearing officer for administrative order hearings; the hearing officer may not be the enforcement officer that issued the administrative citation. The hearing officer will have the authority to set, notice and conduct public hearings required or allowed pursuant to this article to contest the grounds for the citation, fees, charges, costs, expenses, penalties or other sums of money owed to the city. The officer shall have the powers, and duties necessary to conduct all administrative hearings and appeals authorized by the chapter.

(Ord. 663, 2009)

A. The city manager or designee shall establish a date for all hearings based on activity. A hearing before the hearing officer shall be set not less than fifteen calendar days and not more than sixty calendar days from the date that the request for hearing is filed in accordance with the provisions of this chapter.

B. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The city bears the burden of proof at an administrative hearing to establish a violation of the city code. The administrative citation and any additional reports submitted by the enforcement official shall constitute evidence which would be sufficient enough to prove particular facts contained in those documents. The administrative hearing officer must use preponderance of evidence as the standard in deciding the issues.

C. Not less than five calendar days prior to the hearing, the recipient of an administrative citation shall be provided with copies of any additional reports and other documents submitted or relied upon by the enforcement official.

D. The hearing officer may continue the hearing and request additional information from the enforcement official or the recipient of the administrative citation prior to issuing a written decision.

(Ord. 663, 2009)

A. Within thirty calendar days of the Hearing's conclusion, the hearing officer shall provide the person responsible for the violation with a decision in writing to uphold, cancel, or modify the administrative citation ("administrative order"). The hearing officer shall provide the person responsible for the violation with the administrative order by personal service or by registered or certified mail to the person responsible for the violation last known address.

B. The administrative order shall contain the hearing officer's findings of fact and conclusions and the procedure described in Section 1.10.130 for seeking judicial review. If a violation of the code is determined to exist, the administrative order may contain remedies for the violation, including any combination of the following:

1. A requirement that the responsible party correct or eliminate the violation, including a proposed schedule for correction or elimination of the violation;

2. Authorization for the city to enforce the order by abatement of the violation and allowing the city to recover all costs, expenses (including legal fees) and administrative costs if such work is undertaken;

3. Direction to immediately stop any act or conduct that is in violation of the code; and

4. Direction to restore any site or location that has been damaged or disturbed as a result of a violation of the code. The decision of the hearing officer shall be final.

C. If the hearing officer upholds the administrative citation, the city shall retain the fine deposited by the responsible person. In instances in which the fine has not been deposited pursuant to a deposit hardship waiver, the administrative hearing officer shall specify in the decision a payment schedule for the fine.

D. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be promptly refunded.

(Ord. 663, 2009)

A. Waiver of Right to Hearing. If the person responsible for the violation fails to appear at a hearing, it shall constitute a waiver of the right to a hearing. Failure of the person responsible for the violation to appear at the hearing shall be presumed an admission of guilt to the municipal code violation charges as indicated on the administrative citation except as provided otherwise herein.

B. Good Cause. Upon a showing of good cause by the person responsible for the violation, as determined by the hearing officer, the hearing officer may excuse the recipient of the violation for failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than one time. Nothing in this subsection shall be interpreted to mean that the person responsible for the violation is excused from the requirement of paying the administrative fine.

(Ord. 663, 2009)

A. Any person or entity aggrieved by an administrative order of the administrative hearing officer imposing a penalty or fine may seek judicial review of the administrative order pursuant to Government Code Section 53069.4, by filing an appeal in the Monterey County Superior Court, subject to the time limits set forth in Section 53069.4.

B. Any person or entity aggrieved by an administrative order imposing the duty to abate a violation, allowing the violation to be abated by the city, or some other specified remedy that exceeds a penalty or fine, may seek judicial review of said order pursuant to Code of Civil Procedure Section 1094.5 by filing a petition for writ of mandate within ninety days after the administrative order becomes final.

(Ord. 663, 2009)

A. Event Defined. As used in this section, the term "event" shall mean any of the following occurrences:

1. The person responsible for the violation fails to pay the administrative fine within thirty calendar days from the date the administrative citation is issued, unless a hardship waiver is granted;

2. The person responsible for the violation requests a hearing and fails to appear; or

3. The person responsible for the violation fails to either comply with the administrative order or seek judicial review of the administrative order within the statutory time period.

B. Penalty Fine. The occurrence of an event may result in the city increasing the administrative fine, not to exceed the maximum amounts established pursuant to Section 1.10.080 ("penalty fine").

C. Account Receivable. Upon the occurrence of an event, the city may treat the administrative fine or penalty fine, whichever is applicable, as an account receivable, subject to the city's established policy for delinquent accounts receivable.

D. Collection. The city may collect the assessed administrative penalties and administrative costs by use of all available legal means, including but not limited to special assessment or lien on the involved property or by referring the matter to small claims court.

(Ord. 663, 2009)