Susanville Municipal Code Ch. 8.40 Administrative Citations

This chapter provides for administrative citations in addition to all other civil remedies and as an initial alternative to any criminal remedy which may be pursued by the city to address any violation of this code. The use of this chapter shall be at the sole discretion of the city. The use of any other enforcement proceedings provided for by this code shall not be considered a prerequisite for the use of this chapter, nor shall the use of this chapter be considered a prerequisite for the use of any other enforcement proceedings.

A. The city council hereby finds that an appropriate method of enforcement is the imposition and collection of administrative fines as independently authorized by both California Constitution Article XI, Section 7, and municipal affairs provisions of Government Code Section 53069.4.

B. The city council further finds and determines that enforcement of the Susanville Municipal Code, other ordinances adopted by the city, conditions of approval of entitlements, permits, and CEQA reviews, and terms and conditions of city agreements made pursuant to the police power is a matter of public health, safety and welfare and serves important public purposes. The city of Susanville adopts this administrative citation program in order to achieve the following goals:

1. To protect the public health, safety and welfare of the city and its citizens;

2. To gain compliance with the Susanville Municipal Code, ordinances, agreements, and regulations of the city enacted pursuant to its police powers, and the conditions of approval of permits, entitlements, and CEQA reviews granted by the city pursuant to the city's police powers in a timely and efficient manner;

3. To provide for an administrative process that has objective criteria for the imposition of administrative fines and provides for a fair process to appeal the imposition of administrative fines and penalties;

4. To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Susanville Municipal Code, ordinances, agreements, or terms and conditions of entitlements or permits enacted or approved pursuant to the police power;

5. To avoid or minimize the expense and delay of enforcement in the civil or criminal justice system.

(Ord. 17-1011 § 4, 2017)

"Enforcement official"

means any official or employee of the city with the authority to enforce the Susanville Municipal Code. By way of example this means a police official, a fire official or the building official.

"Responsible party"

means any individual who is the owner or occupant of real property, the holder or the agent of the holder of any permit, entitlement, or review, or the party or agent of a party to any agreement covered by this chapter; the owner or authorized agent of any business, company, or entity subject to this chapter; any person or the parent or legal guardian of any person under the age of 18 years; who violates any ordinance, regulation, permit, entitlement, review, or agreement described.

(Ord. 17-1011 § 4, 2017)

A. Any person who violates any provision of the Susanville Municipal Code or regulation of the city, any condition of approval of a permit or entitlement, any condition of an environmental review, or any term or condition of any agreement with the city made pursuant to the police power may be issued an administrative citation by an enforcement official as provided in this chapter. A violation of the Susanville Municipal Code includes, but is not limited to, all violations of that code and all uncodified ordinances. A violation of a condition of approval of a permit or entitlement, includes, but is not limited to, a conditional use permit, minor conditional use permit, temporary use permit, architectural design and site plan review, sign permit, variance, specific plan, parcel map, subdivision map, building or grading permit, or any encroachment or right-of-way permit. A violation of a condition of approval of an environmental review includes, but is not limited to, any environmental impact report, mitigated negative declaration, negative declaration, or determination of categorical exemption. A violation of a term or condition of any agreement with the city made pursuant to the police power includes, but is not limited to, any development agreement, owner participation agreement, disposition and development agreement, road maintenance agreement, any easement, license, or other real property use agreement, or any agreement made with the city to implement any ordinance, plan, permit, entitlement, or review approved by the city.

B. Each and every day a violation exists constitutes a separate and distinct offense. A separate citation may be issued for each day a violation occurs.

C. A civil fine shall be assessed by means of an administrative citation issued by the enforcement official and shall be payable directly to the city of Susanville.

D. Fines shall be assessed in the amounts specified in Chapter 1.12 of this code.

E. Notice of Violation in Lieu of Administrative Citation. If the violation consists of a violation of building, electrical, plumbing or zoning regulations set forth in this code, or any violation of Title 15 or 17 of this code, the enforcement official shall defer issuance of an administrative citation until the responsible party for a violation has first been given notice of the violation and an opportunity to correct the violation, in accordance with the procedures set forth in this chapter. In cases involving a violation of building, electrical, plumbing, or zoning regulations set forth in this code, or any violation of Title 15 or 17 of this code, shall also include each owner of the property upon which the violation occurs.

F. Administrative Citations in Lieu of Criminal Citations. An administrative citation may be issued pursuant to this section in lieu of any criminal citation which could have been issued for the same violation. The issuance of the administrative citation shall not, however, prevent the issuance of a criminal citation or filing of a complaint for:

1. The same violation when any administrative fine imposed pursuant to this chapter has not been paid by the date payment is due; or

2. A subsequent violation of the same nature.

(Ord. 17-1011 § 4, 2017)

Each administrative citation shall contain the following information:

A. The date of the violation or, if the date of the violation is unknown, then the date the violation is identified;

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

C. The section of this code violated and a description of the violation;

D. The amount of the administrative fine for the code violation;

E. 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;

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

G. 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

H. The name and signature of the citing enforcement official.

(Ord. 17-1011 § 4, 2017)

The administrative citation and all notices authorized or required to be given by this chapter shall be deemed served when made in writing and either personally delivered to the responsible party for the violation or deposited in the United States mail, first class postage prepaid, addressed to such responsible party at their last known address. However, if a citation or notice is required to be served on the owner of property, it shall be deemed served when made in writing and deposited in the United States mail, addressed to the owner at the owner's address as it appears on the latest equalized or supplemental assessment roll of Lassen County. In addition, the administrative citation shall be posted on the real property that is the subject of the violation. Service of a citation or notice by mail in the manner provided for by this section shall be effective on the date of mailing, and the failure of any person to actually receive any citation or notice specified in this chapter shall not affect the validity of the citation or notice or of the proceedings conducted hereunder.

(Ord. 17-1011 § 4, 2017)

Except as provided in Section 8.40.070, when a violation consists of a violation of building, electrical, plumbing or zoning regulations set forth in this code, or any violation of Title 15 or 17 of this code, the enforcement official shall issue a written notice of violation to any responsible party for the violation prior to the issuance of an administrative citation for that violation. The notice of violation shall contain all of the following:

A. The date and location that the violation was observed;

B. The section of this code violated and a description of the violation;

C. The actions required to correct the violation;

D. A reasonable time period for the correction of the violation, not less than 10 days; and

E. Notice that if the violation is not corrected by the date specified in the notice of violation, an administrative citation may be issued and administrative fines may be imposed.

(Ord. 17-1011 § 4, 2017)

An administrative citation may be issued in lieu of a notice of violation only if:

A. The responsible party for the violation was issued an administrative or infraction citation for violation of the same provision of this code within the immediately preceding 12 months;

B. The violation constitutes, in the opinion of the enforcement official, an immediate threat to the health or safety of any person or the public generally;

C. One or more other violations exist on the property, any one of which is not subject to Section 8.40.060; or

D. The person responsible for the violation currently owes the city unpaid administrative fines that are delinquent.

(Ord. 17-1011 § 4, 2017)

If the enforcement official determines that all violations listed in the notice of violation have been corrected within the time specified in the notice of violation, an administrative citation shall not be issued. If the enforcement official determines that all violations listed in the notice of violation have not been corrected within the time specified, an administrative citation may be issued for each uncorrected violation or the enforcement official may invoke any other remedy provided by law.

(Ord. 17-1011 § 4, 2017)

A. The fine shall be paid to the city within 21 days from the date of the administrative citation.

B. Any administrative citation fine paid pursuant to subsection A shall be refunded in accordance with Section 8.40.100 if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

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

(Ord. 17-1011 § 4, 2017)

A. Any recipient of an administrative citation may contest that there was a violation of the code or that he or she is the responsible party by completing a request for hearing form and returning it to the city within 21 days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 8.40.110.

B. A request for hearing form may be obtained from the city finance division.

C. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 days prior to the date of the hearing.

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

(Ord. 17-1011 § 4, 2017)

A. 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 fine as required in Section 8.40.090(A) may file a request for an advance deposit hardship waiver.

B. The request shall be filed with the department of finance on an advance deposit hardship waiver application form, available from the department of finance, within 15 days of the date of the administrative citation.

C. The requirement of depositing the full amount of the fine as described in Section 8.40.090(A) shall be stayed unless or until the director of finance manager makes a determination not to issue the advance deposit hardship waiver.

D. The finance manager may, after consultation with and approval by the city manager, waive the requirement of an advance deposit set forth in Section 8.40.100(A) and issue the advance deposit hardship waiver only if the cited party submits to the finance manager a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the finance manager the person's actual financial inability to deposit with the city the full amount of the fine in advance of the hearing.

E. If the finance manager determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within 10 days of the date of that decision.

F. The finance manager shall issue a written determination listing the reasons for his or her determination to issue or not issue the advance deposit hardship waiver. The written determination of the finance manager shall be final and shall be served upon the person who applied for the advance deposit hardship waiver.

(Ord. 17-1011 § 4, 2017)

The "hearing board" for administrative citations shall be the same as defined in Section 8.32.030 of this code.

(Ord. 17-1011 § 4, 2017)

A. No hearing to contest an administrative citation before the hearing board officer shall be held unless the fine has been deposited in advance in accordance with Section 8.40.100 or an advance deposit hardship waiver has been issued in accordance with Section 8.40.110.

B. A hearing before the hearing board officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that the request for hearing is filed in accordance with the provisions of this chapter.

C. At the hearing, the administrative citation and any written report submitted by the enforcement official shall constitute prima facie evidence of the respective facts contained in the citation. Both the party contesting the administrative citation and the enforcement official shall be given the opportunity to testify and to present additional evidence concerning the administrative citation. Such evidence may include the testimony of other witnesses, or the introduction of documents or other evidence. Such testimony, written documents, or other evidence sought to be introduced shall not be limited to any legal rules of evidence, save and except for the rule that it shall be relevant and material to the issues of whether the violation alleged in the citation occurred and whether the person cited committed, caused or was responsible for the violation. Admission of evidence and the conduct of the hearing shall be controlled by the hearing board in accordance with the fundamentals of due process. The hearing board may limit the total length of the hearing to one hour, and shall allow the appellant at least as much time to present its case as is allowed the city.

D. The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their 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 board 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. 17-1011 § 4, 2017)

A. After considering all of the testimony and evidence submitted at the hearing, the hearing board shall issue a written recommendation to the city council to uphold or cancel the administrative citation and shall list in the decision the reasons for that recommendation. The city council shall make the final decision to uphold or cancel the administrative citation at the next regular meeting of that body in which the decision on the administrative citation can be legally calendared. That decision shall be final.

B. If the city council determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city.

C. If the city council determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver the due date for the payment of the fine shall be 15 calendar days from the date of city council's decision to uphold.

D. If the city council determines that the administrative citation should be canceled and the fine was deposited with the city, then the city shall within 15 calendar days refund the amount of the deposited fine.

E. The recipient of the administrative citation shall be served with a copy of the city council's written decision. Service may be made personally at the conclusion of the city council meeting, or by mail, after the adjournment of the hearing.

(Ord. 17-1011 § 4, 2017)

A. Late Payment Charges. The finance manager shall add a penalty of ten percent to the original amount of any delinquent administrative fine on the last day of each month after the due date thereof. However, the total amount of such penalties to be added shall not exceed 50% of the amount of the original administrative fine.

B. Interest. In addition to the penalties imposed, any recipient of an administrative citation who fails to remit an administrative fine by its due date shall pay interest at the rate of 10% per year, or fraction thereof, on the amount of the delinquent administrative fine, exclusive of penalties, from the first day of delinquency until paid.

(Ord. 17-1011 § 4, 2017)

Any person aggrieved by a decision of the city council on an administrative citation may obtain review of the decision by filing a petition for review with the Lassen County Superior Court in accordance with the timelines and provisions as set forth in California Government Code Section 53069.4(b). Said procedure shall be available for all judicial review under this chapter, notwithstanding that the term or condition being enforced pursuant to this chapter may not be a matter covered by Section 53069.4(a). Judicial review of a citation shall not be available without first participating in a hearing as provided in this chapter.

(Ord. 17-1011 § 4, 2017)

The city may collect any past due administrative fine, penalty, and interest charge by use of all available legal means. The obligation for past due administrative fines, penalties, and interest imposed for any violation which arises from a condition or use of any real property, or structure thereon, which is owned by the person cited, which has not been fully satisfied within 60 calendar days, and for which no appeal has been filed may also be assessed and made a lien against the real property upon which the violation occurred. Lien and special assessment procedures shall be the same as outlined in municipal code Sections 8.32.210 through 8.32.270.

(Ord. 17-1011 § 4, 2017)

Failure to comply with any procedural requirement of this chapter, to receive any notice or decision specified in this chapter, or to receive any copy required to be provided by this chapter shall not affect the validity of proceedings conducted hereunder unless the responsible party is denied constitutional due process thereby.

(Ord. 17-1011 § 4, 2017)