Sonora Municipal Code § 1.20 Administrative Citations

A person who violates a provision of the Sonora Municipal Code or who fails to comply with a mandatory requirement of this code is subject to an administrative citation and penalty. Whenever an enforcement officer charged with the enforcement of a provision of this code determines that a violation of that provision has occurred, the enforcement officer has the authority to issue an administrative citation to the person responsible for the violation.

This chapter provides for administrative citations, which are in addition to all other legal remedies, criminal or civil, which the city may pursue to address a violation of this code. Use of this chapter is at the sole discretion of the city. This chapter is authorized under Sections 53069.4 and 36901 of the Government Code.

(Adopted by Ord. 852 on 5/20/2019.)

If a violation pertains to building, plumbing, electrical, or other structural or zoning issues the city shall provide a reasonable period of time, as determined in the enforcement officer's discretion, for a person responsible for a continuing violation to correct or otherwise remedy the violation before the imposition of an administrative citation or penalty under this chapter.

Before issuing an administrative citation for building, plumbing, electrical, or other structural or zoning issues, the enforcement officer shall first issue a notice of violation in accordance with Section 1.20.090 and Section 1.20.100 to the responsible person.

The city may forgo the issuance of a notice of violation, or require immediate correction, in the event a building, plumbing, electrical, or other structural or zoning issue creates an immediate danger or threat to the public health or safety.

If the enforcement officer determines that all violations have been corrected within the time specified in the notice, no further action shall be taken.

(Adopted by Ord. 852 on 5/20/2019.)

A. Contents of Citation. Each administrative citation shall contain the following information:

1. The date of the violation, or date the violation was observed;

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

3. The section of the violated code 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 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 may be obtained to contest the citation; and

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

B. In the case of a continuing violation involving building, plumbing, electrical, or other similar structural or zoning issues identified under Sonora Municipal Code Section 1.20.020, the administrative citation shall also have attached a copy of the notice that had been sent to the responsible party.

C. Service of Administrative Citation. The administrative citation shall either be delivered personally or sent by first class certified mail, return receipt requested, to the person responsible for the violation.

(Adopted by Ord. 852 on 5/20/2019.)

A. Maximum Amount of Fine. The maximum amount of the fine for each code violation imposed under this chapter shall be established in a schedule of fines adopted by resolution of the city council. The schedule of fines shall specify:

1. Any increased fines for repeat violations of the same code provision by the same person within a twelve-month period; and

2. Any late payment charges imposed for the payment of a fine after its due date.

B. Additional Amounts. Administrative costs, interest, late payment charges, costs of compliance re-inspections, and collection costs are in addition to the fines.

C. Factors in Establishing Fine.

1. Enforcement Officer. When preparing the administrative citation, the enforcement officer shall set the fine at the maximum fine established by the city council.

2. Hearing Officer or City Council. Upon request before or at the hearing held under Sonora Municipal Code Section 1.24.120, the hearing officer or city council may reduce the amount of the fine based on the following factors:

a. The duration of the violation.

b. The frequency, recurrence and number of violations, related or unrelated, by the same responsible party.

c. The seriousness of the violation.

d. The good faith efforts of the responsible party to come into compliance.

e. The impact of the violation on the community.

f. Such other factors as justice requires.

(Adopted by Ord. 852 on 5/20/2019.)

A. Due Date. The fine shall be paid to the city within sixty days from the date of the administrative citation. The city may suspend the imposition of fines for any period of time during which the responsible party has filed for necessary permits, such permits are required to achieve compliance, and the permit applications are actively pending before the appropriate governmental agency.

B. Refund. The city shall refund a fine paid if the hearing officer or city council determines, after a hearing held under Sonora Municipal Code Section 1.24.120, that the person charged in the citation was not responsible for the violation or that there was no violation as charged.

C. Further Violations Not Excused. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation.

(Adopted by Ord. 852 on 5/20/2019.)

A person who fails to pay to the city any fine imposed under this chapter on or before the due date is liable for payment of any applicable late payment charges set forth in the schedule of fines.

(Adopted by Ord. 852 on 5/20/2019.)

A. A person who fails to pay any fine or other charge owed to the city under this chapter is liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorneys' fees. Such collection costs are in addition to any fines, interest, and late charges.

B. In addition to the administrative citation fine, the city may collect its administrative costs, interest, late payment charges, costs of compliance re-inspections, and collection costs.

C. The city may collect any past due administrative citation fine(s) and other costs and charges by any available legal means.

(Adopted by Ord. 852 on 5/20/2019.)

A. Method of Service. Any administrative citation and all notices required to be given under this code for enforcement purposes, shall be served on the responsible party either by personal service or by first class certified mail, return receipt requested. If no address for such party is known, then notice shall be given by publication in a paper of general circulation within the city. The notice published in a newspaper of general circulation shall conform to the requirements set forth in Sonora Municipal Code Section 1.08.080(G)(3).

B. Real Property. When real property is involved in the violation, the original notice, the administrative citation and all notices required to be given by this code shall be served on the responsible party and, if different, to the property owner at the address as shown on the last equalized county assessment roll. Additionally, the notice shall be served on the responsible party by first class certified mail, return receipt requested, sent to the address contained in records of the City of Sonora finance department for utility billings, if such address is different than that listed on the last equalized county assessment roll. If personal service or service by first class certified mail, return receipt requested, on the property owner is unsuccessful, a copy of each notice and the citation shall be conspicuously posted at the property which is the subject of the violation. The city may, in its sole discretion, also serve notice on a tenant, a mortgagor or any other person having an interest in the property.

C. Failure to Receive Notice. The failure of a person to receive a required notice shall not affect the validity of any proceedings taken under this chapter.

(Adopted by Ord. 852 on 5/20/2019.)

A. The council finds that there is a need to give notice of pending enforcement actions to responsible persons whose actions constitute a code violation, to property owners, and to persons who may subsequently acquire the property as a means by which to ensure the violations will be corrected. This may be accomplished through the issuance of a notice of violation.

B. Before issuing an administrative citation for building, plumbing, electrical, or other structural or zoning issues, the enforcement officer shall first issue a notice of violation.

C. Whenever a enforcement officer determines that a violation of this code or applicable state codes exists, the enforcement officer may issue a notice of violation to a responsible party, and to the owner of the property. The notice of violation shall contain the following:

1. The name of the record owner of the property;

2. The street address of the property;

3. The code sections violated;

4. A description of the property's condition which violates the applicable code;

5. A list of all corrections required to bring the property into compliance;

6. A specific date to correct the violations identified in the notice of violation;

7. An explanation of the potential consequences should the property remain in violation after the expiration of the compliance deadline. These consequences shall include, but are not limited to, criminal prosecution, civil injunction, administrative abatement, civil penalties, and recordation of notice of violation.

(Adopted by Ord. 852 on 5/20/2019.)

A. Once a enforcement officer has issued a notice of violation to a responsible party and the property owner and the property remains in violation after the compliance date established in the notice of violation, the enforcement officer may record the notice of violation with the Tuolumne County Recorder's Office. The enforcement officer shall provide the responsible party and the property owner a notice of intent to record prior to the recordation of the notice of violation. The notice of intent to record shall state that a notice of violation will be recorded unless a written request to appeal the action is received pursuant to the procedures set forth in this title. The notice of intent to record shall be served according to the procedures set forth in Section 1.20.080 of this code.

B. An appeal of the enforcement officer's notice of intent to record the notice of violation shall follow the procedures set forth in Chapter 1.24 of this code.

C. If no written request to appeal is received within the time frame specified in the notice of intent to record, the enforcement officer may cause the notice of violation to be recorded, as long as the violation remains on the premises.

D. The recorded notice of violation shall include the following:

1. The name of the property owner;

2. The assessor's parcel number of the premises in violation;

3. The street address of the premises in violation;

4. The parcel's legal description; and

5. A copy of the latest notice of violation.

E. Any costs associated with recording and removal may be assessed against the property as set forth in this title.

F. A copy of the recorded notice of violation shall be mailed to the responsible party, to the property owner, and any other persons who have requested copies of the notice. Service shall be made pursuant to the provisions of Section 1.20.080 of this code.

(Adopted by Ord. 852 on 5/20/2019.)

A. The responsible party or property owner may file, once the violations listed in the notice of violation have been corrected, a written request for a notice of compliance with the enforcement officer.

B. The enforcement officer or their designee shall reinspect the property within ten days from receipt of the request to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed, if any are needed.

C. The enforcement officer shall provide a notice of compliance to the responsible party and property owner. Upon determining that:

1. All violations listed in the recorded notice of violation have been corrected;

2. All necessary permits have been issued and finalized; and

3. All administrative civil penalties have been paid.

D. In addition to citations, administrative costs may be assessed. Administrative costs may include costs incurred in the investigation, inspection, reinspection, title search, appeal hearing, and any other processing costs with the violations identified in the notice of violation.

E. If the enforcement officer denies a request to issue a notice of compliance, the enforcement officer shall serve the requesting party, the responsible party and the property owner with a written explanation within five days from the inspection setting forth the reasons for the denial. A written explanation shall be served pursuant to the provisions set forth in Section 1.20.080 of this code.

F. The enforcement officer's decision denying a request to issue a notice of compliance constitutes a final decision in the matter and is not appealable.

(Adopted by Ord. 852 on 5/20/2019.)

The enforcement officer shall record or cause to be recorded the notice of compliance with the county recorder's office. The recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation.

(Adopted by Ord. 852 on 5/20/2019.)