Suisun City Municipal Code Ch. 1.20 Administrative Citations

Footnotes:

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Editor's note— Ord. No. 808, § 4, adopted Dec. 5, 2023, repealed the former Ch. 1.20, §§ 1.20.010—1.20.190, and enacted a new Ch. 1.20 as set out herein. The former Ch. 1.20 pertained to similar subject matter, and derived from Ord. No. 656, § 1 (2, 2.2, 2.3.1, 2.3.2, 2.4—2.18), adopted in 2001; Ord. No. 772, § 7, adopted June 16, 2020; and Ord. No. 773, § 6, adopted Aug. 4, 2020.

A. This chapter provides for administrative citations which are in addition to all other legal and equitable remedies and provides an alternative to any criminal prosecutions which may be pursued by the city to address any violation of this code or of any regulations adopted under the authority of this code.

B. Use of the remedies and procedures of this chapter shall be at the city's sole discretion, and shall not limit or preclude the use of criminal or civil injunctive code enforcement proceedings in addition or in conjunction with this chapter.

(Ord. No. 808, § 4, 12-2-2023)

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

"City" means the City of Suisun City.

"City manager" means the city's city manager, and shall include their designee.

"Enforcement officer" means any city employee or agent of the city with the authority to enforce any provision of this code.

"Finance director" means the city's director of finance and shall include their designee.

"Person" means an individual or entity of any kind.

(Ord. No. 808, § 4, 12-2-2023)

A. Whenever an enforcement officer determines that a violation of any provision of this code has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.

B. Prior to the issuance of an administrative citation for a violation which pertains to building, plumbing, electrical, or similar structural or zoning matters that does not create an immediate danger to health or safety, the enforcement officer shall provide a reasonable period of time not less that five business days to correct or otherwise remedy the violation.

C. Each administrative citation shall contain the following information:

1. The date of the violation;

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

3. The code section violated and a description of the acts or omissions constituting the violation;

4. The amount of the penalty for the code violation, which amount shall be set by city council resolution;

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

6. 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 to contest the administrative citation may be obtained; and

7. The name and signature of the enforcement officer.

D. Each day a violation continues is a new violation and may be cited as such.

(Ord. No. 808, § 4, 12-2-2023)

A. An administrative citation may be served by personal delivery on any person determined to be responsible for the violation, or by certified mail, postage prepaid, return receipt requested, addressed to a location reasonably likely to give notice to the responsible party of the administrative citation, or posted in a conspicuous location on or in the vicinity of the property.

B. All notices subsequent to service of a citation may be served either by personal delivery or by certified mail, postage prepaid, return receipt requested, and shall be deemed effective on the date of personal delivery or when the certified mail is either delivered or delivery attempted. If the certified mail receipt is returned unsigned, then service may instead be effected by regular first class mail, postage prepaid, provided that the notice sent by regular mail is not returned by the postal service as undeliverable, and shall be deemed effective three calendar days following deposit of the notice in the mail.

C. Where a violation of code provisions concerning the condition of real property is involved, an administrative citation or subsequent written notices may be served by personal delivery or by certified mail at the property owner address shown on the last equalized county assessment roll. Where such delivery or service by certified mail upon the property owner is unsuccessful, service may be effected alternately or additionally by posting a copy of the citation or notice at a conspicuous location on the property which is the subject of the citation or notice. Where service of any citation or notice is effected in compliance with the requirements of this section, the asserted failure of any person to receive the notice shall not affect the validity of the citation, notice, or any proceedings related thereto.

(Ord. No. 808, § 4, 12-2-2023)

The amounts of administrative penalties for code violations imposed pursuant to this chapter are set, and may be amended from time to time, by city council resolution. Late payment shall be subject to late payment penalties as established by city council resolution.

(Ord. No. 808, § 4, 12-2-2023)

The city may, at its discretion, hire a service provider to process administrative citations and appeals in accordance with Section 1.20.050 et seq. Any such vendor shall be deemed the city's designee.

(Ord. No. 808, § 4, 12-2-2023)

A. The administrative penalty shall be paid to the city through its finance director within 30 days from the date the administrative citation is served. If a hearing is requested pursuant to Section 1.20.070, the administrative penalty shall be deposited with the finance director or a notice shall be filed with the finance director that an advance hardship waiver has been requested as required in Section 1.20.080.

B. Any administrative penalty shall be refunded in accordance with Section 1.20.110(F) if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that no violation occurred.

(Ord. No. 808, § 4, 12-2-2023)

A. Any recipient of an administrative citation may appeal the citation on the grounds that no violation occurred, or that they are not responsible for the violation, by filing a request for hearing form with the finance director within 30 days from the date of service of the administrative citation, together with either an advance deposit of the administrative penalty or a request for advance deposit hardship waiver form.

B. The person requesting the hearing shall be notified by first class mail, postage prepaid, of the time and place set for the hearings by mailing a notice of hearing at least ten days prior to the date of the hearing.

C. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, a copy of this report also shall be mailed to the person requesting the hearing at least five days prior to the hearing date.

(Ord. No. 808, § 4, 12-2-2023)

A. Any person who claims to be financially unable to make the advance deposit of the fine as required in Section 1.20.070(A) may file a request for an advance deposit hardship waiver.

B. The request shall be filed with the finance director on or before the filing of a hearing request, and may only be made by the person who was issued the citation.

C. A hardship waiver request must be accompanied by a sworn declaration by the requestor, together with any supporting evidence demonstrating the requestor's actual financial inability to deposit the full amount of the fine in advance of the hearing.

D. The finance director shall issue a written determination listing the reasons for determining to issue or not issue the advance deposit hardship waiver. The written determination of the finance director shall be final, subject only to judicial review as provided by law.

1. Upon receipt and review of satisfactory evidence, the finance director shall waive the requirement of an advance deposit.

2. If the finance director determines not to waive the advance deposit, the requestor shall remit the deposit to the city within ten days of the date of the notice of that decision in order to secure the hearing.

E. The finance director's written determination shall be served upon the person who applied for the advance deposit hardship waiver.

(Ord. No. 808, § 4, 12-2-2023)

The city manager shall designate an impartial hearing officer to hear an appeal pursuant to Section 1.20.070.

(Ord. No. 808, § 4, 12-2-2023)

A. No appeal hearing shall be noticed unless the administrative penalty has been deposited in advance in accordance with Section 1.20.070(A), or an advance deposit hardship waiver has been issued in accordance with Section 1.20.080.

B. A hearing shall be set for a date that is not less than 15 days and not more than 60 days from the date of the filing of the request for hearing. The hearing may be continued for good cause.

C. At the hearing, the appellant shall be given the opportunity to testify and present evidence and cross-examine witnesses concerning the violation. That appellant may appear personally or through an attorney. Prehearing discovery is not authorized, but subpoena of witnesses and documents shall be permitted as authorized by law. The hearing shall be conducted informally, both as to rules of procedure and admission of evidence, in any manner which will provide a fair hearing.

D. The failure of an appellant to appear at the hearing may be deemed an admission of the violation by the recipient and an admission that the amount of the administrative penalty is appropriate and may constitute a failure to exhaust administrative remedies barring judicial review.

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

F. The hearing officer may continue the hearing to request additional information from the enforcement officer or the appellant.

(Ord. No. 808, § 4, 12-2-2023)

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall, based on a preponderance of the evidence, issue a written decision to sustain or overturn the administrative fine and the reason for that decision. The decision of the shall be issued within 15 days of the completion of the hearing, and shall include findings of fact and conclusions of law. The hearing officer shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing.

B. If the hearing officer determines that the administrative citation should be upheld and the fine 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.

C. If the hearing officer determines that the administrative fine should be overturned, the city shall, within ten days of the decision, refund the amount deposited.

D. The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision within five days of issuance.

E. The decision of the hearing officer shall be final upon service on the responsible party, subject only to judicial review pursuant to Section 53069.4 of the Government Code. The hearing officer's decision shall provide notice of this right of judicial review and the time allowed therefore by law.

F. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of the administrative citation fines and other penalties upheld by the hearing officer.

(Ord. No. 808, § 4, 12-2-2023)

Administrative fines sustained by the hearing officer are a debt owed to the city and in addition to all other means of enforcement, if the violation concerns the condition of real property, may be enforced by means of a lien against the real property on which the violation occurred in accordance with Section 1.20.170.

(Ord. No. 808, § 4, 12-2-2023)

A. The hearing officer may assess administrative costs against the person found responsible for the violation when they sustain the administrative fine.

B. Administrative costs may include any and all costs incurred by the city in connection with the hearing, including, but not limited to, cost of the enforcement officer incurred in preparation for the hearing and participating in the hearing itself and costs of the city to conduct the hearing. Failure to pay administrative costs in the amount specified in the administrative hearing officer's decision on or before the date specified in that decision may be collected in the same manner as delinquent fines.

(Ord. No. 808, § 4, 12-2-2023)

Failure to pay the assessed administrative penalties and/or administrative costs specified in a hearing officer's decision may be enforced as:

A. A personal obligation of the person found responsible for the violation; and/or

B. If the violation is in connection with real property, a lien upon the real property in accordance with Section 1.20.170, which shall remain in effect until all of the administrative penalties, interests, and administrative costs are paid in full.

C. A hardship waiver may be applied by any person who is unable to pay the fines. A hardship waiver application shall be made at the time of filing an appeal, in accordance with Section 1.20.080 (advance deposit hardship waiver); or within 30 days of the date the fine assessment becomes final. A hardship waiver timely filed within 30 days of the date the fine assessment becomes final shall be accompanied by such relevant information and documentation as may be reasonably necessary to verify such status. Hardship for an individual shall include, but not be limited to:

1. A person who is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (Sections 12200 to 12205, inclusive, of the California Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program (Chapter 2, commencing with Section 11200 of Part 3 of Division 9 of the California Welfare and Institutions Code), the Food Stamp program (7 U.S.C. § 2011 et seq.) or Section 17000 of the Welfare and Institutions Code;

2. A person whose monthly income is 125 percent or less of the current monthly poverty line annually established by the Secretary of Health and Human Services pursuant to the Omnibus Budget Reconciliation Act of 1981, as amended.

The city council shall hear and make a final determination on a hardship waiver seeking relief from the payment of fines.

(Ord. No. 808, § 4, 12-2-2023)

Any person subject to a decision of the hearing officer may obtain review of the decision in the appropriate court pursuant to the provisions of California Government Code Section 53069.4.

(Ord. No. 808, § 4, 12-2-2023)

The city may collect the amount the assessed administrative penalties and administrative costs by use of all available legal means, including recording of a lien pursuant to the provisions of this chapter.

(Ord. No. 808, § 4, 12-2-2023)

A. Whenever the amount of any administrative penalty and/or administrative cost imposed in connection with real property has not been satisfied in full within 90 days, unless tolled by a timely request for judicial review pursuant to Government Code Section 53069.4 or reversed by court order, this obligation may constitute a lien against any real property involved where any violation was determined to concern the condition of that real property, or as a special assessment against the property where the code violation occurred.

B. The finance director shall prepare and file with the city clerk a report stating the amounts due and owing. The city clerk shall fix a time, date, and place for the city council to hear such report and any protests or objections thereto.

C. The finance director shall cause written notice to be served on each property owner whose interest is disclosed by the current county equalized assessment roll not less than ten days prior to the time set for the hearing.

D. The lien provided herein shall have no force and effect until recorded with the county auditor. Once recorded, the lien shall have the force and effect and priority of a judgment lien governed by the provisions of Section 697.340 of the California Code of Civil Procedure and may be extended as provided in Sections 683.110 through 683.220 of the California Code of Civil Procedure.

E. Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law.

(Ord. No. 808, § 4, 12-2-2023)

A. Any person owning a legal or equitable interest in real property proposed to be subject to a lien pursuant to Section 1.20.170 may file a written protest with the city clerk and/or may protest orally at the city council hearing.

B. Each written protest or objection must contain a description of the property in which the protesting party has a legal or equitable interest and the grounds of such protest or objection. The grounds for protest or objection, and any evidence or testimony submitted in support or in opposition to the imposition of a lien, shall be confined to whether the amount of any administrative penalty and/or administrative cost imposed was satisfied in full within the time allowed by law and/or successfully challenged by a timely writ of mandate.

C. The city council, after the hearing, shall adopt a resolution confirming, discharging, or modifying the amount of lien based upon evidence produced at the hearing.

(Ord. No. 808, § 4, 12-2-2023)

Thirty days following the adoption of a resolution by the city council imposing a lien, the finance director or designee shall file a certified copy of the cost report with the Solano County auditor. The finance director or designee shall request the auditor to enter each assessment on the Solano County tax roll and collect the amount of the assessment at the time and in the manner of ordinary municipal taxes. The lien may carry such additional administrative charges as set forth by resolution of the city council.

(Ord. No. 808, § 4, 12-2-2023)

Any costs or penalties subject to collection under this chapter may be recovered as a personal obligation against the responsible party and may be referred to a collection agency or the city attorney's office for collection. Upon referral of these costs and obligations, the collection agency and the city attorney's office may seek collection through any legal means provided to them, including judicial action. Nothing in this section shall be affected by or affect the city's use of any other procedure provided in this chapter or by law to collect unpaid costs and penalties.

(Ord. No. 808, § 4, 12-2-2023)