Taft Municipal Code Ch. 3 Administrative Citations and Penalties

It is the intent of the city council in enacting this chapter to ensure compliance with this code and to deter violations of this code. The city council also finds that there is a need for an alternative method to enforce provisions of this code, as amended from time to time. The council further finds that the assessment of civil fines and penalties through an administrative hearing procedure for code violations in accordance with Government Code section 53069.4 is a necessary, alternative method of code enforcement. (Ord. 797-13, 6-18-2013)

This chapter is just one method of enforcement of violations of the municipal code and other laws the City is authorized to enforce. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the state of California, or any other legal entity or agency having jurisdiction. The City may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law, including nuisance abatement under chapters 4, 4.1, 4.2, 4.3 and 5 of title III. (Ord. 797-13, 6-18-2013; amd. Ord. 852-23, 7-18-2023)

As used in this chapter:

(A) Upon discovering or observing any violation of the municipal code or other law the City is authorized to enforce, an enforcement officer may issue an administrative citation, in a form approved by the city manager, to the responsible party or responsible parties, with the following contents:

1. Date and location of the violation(s), including the street address, if any, and the approximate time the violation(s) were observed;

2. Section(s) of the code violated and brief description of how the section(s) are violated; if the citation is for a violation of the Code of Building Regulations set forth in section 5-1-3 of title V, the citation shall include a statement specifying the behaviors or conditions which constitute the violation;

3. Description of the action required to correct the violation(s), if applicable; and if applicable, the date by which the violation must be corrected;

4. Order to the responsible party to report to the issuing enforcement officer when each cited violation is cured, along with the responsible party's necessary contact information for the enforcement officer to verify;

5. Statement explaining the consequences of failure to correct the violation(s), including the City pursuing additional enforcement action under the code to obtain compliance;

6. Amount of fine imposed for the violation(s) as set forth in section 1-1-11 with explanation of how the fine shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the fine;

7. Right to contest the validity of the violations found in the administrative citation with reference to the appeal process under section 1-3-8 and the name and address of the office of the city manager for purposes of filing any notice of appeal; and

8. Signature of the enforcement officer.

(B) The enforcement officer shall attempt to issue the citation to the responsible party for any violation of this code. For purposes of issuance of a citation to an entity, the citation may be issued to the person in immediate control of the entity on site at the time of the issuance of the administrative citation and fine (as determined by the enforcement officer's observation), the person or entity registered as the agent for service of process of the entity through the California Secretary of State, or the registered agent of the entity on file with the City if the entity has a business license with the City, as the case may be.

(C) Whenever any document, notice, or administrative citation is required to be served under this section, unless specifically provided otherwise, it may be served by any one of the following methods:

1. Personal service on the party.

2. First-class or certified mail to the party at that party's last known address, but if no valid address that party can be determined, then by posting in a conspicuous place on the property upon which a violation of this code exists.

3. For any parties that reside at, or occupy, the property upon which a violation of this code exists, by posting in a conspicuous place on said property.

4. For any party registered with the Secretary of State, by certified mail to that party's agent for service of process at the address registered with the Secretary of State, or as otherwise permitted by law. For any such party required to register with the Secretary of State that has not designated an agent for service of process with the Secretary of State, then a notice may be served on that party by certified mail to the Secretary of State.

5. By email to the party when an email address is provided by that party and service by email is agreed to by that party.

Service by mail shall be deemed effective upon deposit in the mail. Service by posting shall be deemed effective at the time of posting. Service by email shall be deemed effective at the time of emailing. The failure of any party, or any other person with a legal or equitable interest in the property upon which a violation of this code exists, to receive any notice or administrative citation served in accordance with this section shall not affect the validity of the notice nor any proceeding conducted pursuant to that notice. (Ord. 797-13, 6-18-2013; amd. Ord. 852-23, 7-18-2023)

(A) Any person violating any provision of this code, as amended from time to time, may be subject to the assessment of civil fines and penalties as provided in section 1-1-11 of this code pursuant to the administrative procedures established in this chapter and authorized by Government Code section 53069.4.

(B) Any person violating any provision of the code or other law the City is authorized to enforce may be issued an administrative citation by any enforcement officer described in section 1-3-3.

(C) A separate civil fine for each violation of the code may be assessed by means of one administrative citation.

(D) Each day a violation persists is a separate offense.

(E) Administrative fines shall be paid to the City within twenty (20) days from the date of service of the administrative citation, unless an appeal is timely and properly requested as provided in section 1-3-8. If a timely and proper appeal is requested, payment of the administrative fines is governed by section 1-3-8.

(F) Payment of any fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the City. The failure of any person to pay any fine assessed by administrative citation within the time specified on the administrative citation shall result in the assessment of an additional late fee to be charged. The amount of the late fee shall be ten percent of the total amount of the civil fine due and owing. (Ord. 797-13, 6-18-2013; amd. Ord. 852-23, 7-18-2023)

(A) The City shall collect delinquent fines and any associated late fee as allowed by law. The City Council may set by resolution such late fees. (Ord. 852-23, 7-18-2023)

(A) When the City imposes a second or third fine pursuant to subsections 1-1-11C2, C3, D2, D3, and D4, any person who has made a bona fide effort to comply after the first violation and who would suffer an undue financial burden if required to pay the full amount of a second or third fine, may request a waiver to reduce the amount of the imposed fine by completing and submitting the city-approved application form for a fine hardship waiver (hereafter the "fine hardship waiver"). This fine hardship waiver form and all required accompanying records must be submitted within twenty (20) days of issuance of the fine to the city clerk, 209 E. Kern St., Taft, CA 93268.

(B) To be considered for a fine hardship waiver, the application form must be complete, signed, and must be accompanied by documents that enable the City to reasonably determine the person's bona fide effort to comply after the first violation and substantiation on the person's suffering of an undue financial burden if required to pay the full amount of the fine imposed. Documents suitable for consideration demonstrating the person's bona fide effort to comply after the first violation may include, without limitation, a declaration attesting to the compliance efforts made, photographs of the efforts attesting to the compliance efforts made, copies of receipts, contracts, work orders, or other documentation reflecting compliance efforts made. Documents suitable for consideration demonstrating the person's undue financial burden if required to pay the fine may include, without limitation, a declaration attesting to the undue financial burden and reasons therefor, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year; financial statements, loan applications, bank account records, income and expense records for twelve (12) months preceding submittal of the fine hardship waiver application. The documents may and should be submitted with redactions for private information, such as social security number information and account numbers. After a determination is made on the person's fine hardship waiver application, the City will destroy the documents submitted by a person for a fine hardship waiver without prior notice to the person.

(C) The City via its city manager or his or her designee will issue a written decision specifying the reasons for issuing or not issuing the fine hardship waiver, including the revised fine amount, if applicable. This decision is final and non-appealable. The decision shall be served upon the person requesting the fine hardship waiver by first class mail.

(D) Payment of the fine shall be due within twenty (20) days of the issuance of the fine, however, in cases where a written decision on the fine hardship waiver has not been issued before expiration of that twenty (20) day period, payment shall be due within seven (7) days of the date the decision is deposited with the U.S. Postal Service. Payment shall be made to the city clerk, 209 E. Kern St., Taft, CA 93268. In the event the city clerk does not receive the full amount of the fine within the required period: (1) fines or other penalties not paid within that time shall accrue interest at the rate set forth by the Council; and (2) the City may take further action to ensure payment as provided by law.

(E) Should a fine hardship waiver be granted, the amount in the City's written decision shall be controlling for purposes of the fine amount for any administrative hearing requested under section 1-3-8. (Ord. 852-23, 7-18-2023)

Appeals shall follow the procedures set forth below:

(A) Any responsible party issued an administrative citation may contest the validity of the violations found in the administrative citation by filing an appeal with the office of the city manager on a City-approved hearing request form within twenty (20) days from the date of service of the administrative citation setting forth the grounds for the challenge to the validity of the violations found in the administrative citation. The request may be for an in-person hearing or a hearing by written declaration.

(B) If an in-person hearing is requested, the City shall set the date and time for the administrative hearing before an assigned neutral hearing officer. The responsible party requesting the in-person hearing shall be served written notice of the time and place set for the administrative hearing and the assigned hearing officer at least ten (10) days prior to the date of the administrative hearing.

(C) If a hearing by written declaration is requested, then the written declaration(s) submitted by the responsible party must be made under penalty of perjury and attached to the hearing request form upon submission to the office of the city manager to be provided to an assigned neutral hearing officer. The written declarations must relate to the validity of the violations found in the administrative citation and must attach all evidence the responsible party wishes the hearing officer to consider. The written declarations may not be augmented or supplemented unless permission to do so is obtained from the hearing officer prior to her or her issuance of a decision.

(D) The enforcement officer and/or relevant city departments may submit a written report concerning the validity of the violations found in the administrative citation to the hearing officer for consideration. If an in-person hearing is requested, then the report must be submitted to the hearing officer three business days in advance of the in-person hearing and served upon the hearing officer and responsible party who sought the appeal. If a hearing by written declaration is requested, then the report may be submitted to the hearing officer within thirty (30) days of the hearing request and served upon the hearing officer and responsible party who sought the appeal.

(E) Failure by any responsible party to timely and properly appeal an administrative citation as provided in this section shall constitute an admission by the responsible party to the existence of the cited violations, an admission by the responsible party to that party's liability for the cited violations, a waiver of the responsible party's right to contest the administrative citation, and a failure by the responsible party to exhaust that party's administrative remedies. The administrative citation along with any imposed fines shall be deemed final if no timely or proper appeal is made, and any such imposed fines shall be immediately payable.

(F) If a responsible party to which an administrative citation is issued fails to timely and properly appeal an administrative citation in accordance with this section, the City may withhold permits, licenses, and other approvals related to the property upon which a violation of this code exists until the cited violations are cured and any outstanding balance for administrative fines or other amounts owing related to that property are paid in full.

(G) Upon the timely and proper appeal of an administrative citation, the administrative fines assessed in connection with that administrative citation shall be stayed pending the decision on the appeal. (Ord. 852-23, 7-18-2023)

Administrative hearings shall follow the procedures set forth below:

(A) An in-person hearing before a hearing officer shall be set for a date that is not less than twenty (20) days and not more than forty five (45) days from the date that a timely and proper appeal is submitted in accordance with the provisions of this section. This time frame may be extended by necessity by the City or the hearing officer or by stipulation of the parties. Failure to hold the hearing within this time frame shall not invalidate the administrative citation, shall not preclude proceeding with the hearing at a later date, and shall not invalidate the hearing officer's decision.

(B) If the responsible party requesting the in-person hearing fails to attend the scheduled hearing, it shall constitute an admission by the responsible party to the existence of the cited violations, an admission by the responsible party to that party's liability for the cited violations, a waiver of the responsible party's right to contest the administrative citation, and a failure by the responsible party to exhaust that party's administrative remedies. The administrative citation along with any imposed fines shall be deemed final in such case and any such imposed fines shall be immediately payable.

(C) If an in-person hearing is requested, the hearing officer may continue the hearing and/or request additional briefing or evidence from the enforcement officer or relevant city department or the responsible party that requested the hearing prior to issuing a decision. The hearing officer shall issue a decision within thirty (30) days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the administrative citation nor the hearing officer's decision.

(D) If a hearing by written declaration is requested, the hearing officer shall review the responsible party's written declaration(s) and the enforcement officer's and/or relevant city departments' report(s) within thirty (30) days of receipt. Within those thirty (30) days, the hearing officer may request additional briefing or evidence from the responsible party and the enforcement officer and/or relevant city departments as necessary to render a decision. The hearing officer shall issue and serve a decision within thirty (30) days from the date all necessary briefing and evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the administrative citation or the hearing officer's decision.

(E) Administrative hearings are informal, and formal rules of evidence and discovery shall not apply. Each party shall have the opportunity to present evidence in support of that party's case and the cross examination of witnesses is only required where the witnesses are the main evidence in the matter or the only evidence to be used by either party in the administrative hearing. The City bears the burden of proof at an administrative hearing to establish a violation of the contested codes by a preponderance of the evidence. The administrative citation, and any additional reports submitted by the enforcement officer and/or relevant city departments shall constitute prima facie evidence of the facts contained in those documents. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the administrative hearing in accordance with Government Code section 37104, et seq. (Ord. 852-23, 7-18-2023)

Procedures relating to hearing officers and decisions are set forth below:

(A) The city manager or his or her designee shall establish procedures for the selection of a hearing officer in accordance with this section. A hearing officer shall be a neutral third-party contracted by the City and selected in a manner that avoids the potential for any bias against any parties to the hearing. The hearing officer's compensation and costs shall be paid by the City. The hearing officer's compensation and/or employment shall not be directly or indirectly conditioned upon the outcome of the hearing.

(B) Not later than thirty (30) days after the date the administrative hearing concludes, or in the case of a hearing by written declaration, not later than thirty (30) days after all necessary briefing and evidence is received, the hearing officer shall issue a written decision to uphold, modify, or dismiss the contested administrative citation. Failure by the hearing officer to strictly comply with this provision shall not invalidate the administrative citation or the decision.

(C) The decision shall set forth the facts relied on, the legal standards, and the reasons for the decision along with notice of the right to appeal and shall be served on the appealing responsible party and the enforcement officer. The decision shall be final. Failure to receive the decision shall not invalidate the administrative citation or the decision.

(D) All upheld and awarded administrative fines shall be paid by the responsible parties to the City within twenty (20) days from the date the decision is served. (Ord. 852-23, 7-18-2023)

(A) Notwithstanding section 1094.5 or 1094.6 of the Code of Civil Procedure, within twenty (20) days after service of the decision, any party to the hearing may seek review of the decision by filing an appeal with the Superior Court of the State of California for the County of Kern, in accordance with Government Code section 53069.4, subdivision (d). That party shall serve upon the city clerk, either in person or by first-class mail, a copy of the notice of appeal. If a party fails to timely file a notice of appeal, the hearing officer's decision shall be final and that party's right to appeal shall be deemed waived and terminated.

(B) Once the appeal period has expired, the City may file an action in the Superior Court of the State of California for the County of Kern to have the Decision confirmed as a judgment. (Ord. 852-23, 7-18-2023)