Tehachapi Municipal Code Ch. 1.16 Citation Procedure

A. A city officer or employee occupying the following offices or positions may arrest a person without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or presence which is a violation of a statute or ordinance which the officer or employee has the duty to enforce:

1. City planner;

2. Fire chief;

3. Police officer;

4. Code enforcement officer;

5. The city manager or his or her designee.

B. In any case in which a person is arrested pursuant to subsection A of this section and the person arrested does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear, as prescribed by Sections 853.6 et seq. of the Penal Code of the state as from time to time amended. Such "notice to appear" may also be referred to as a "citation."

C. Unless waived by the person arrested, the time specified in the notice to appear shall be at least ten days after arrest if the duplicate notice is to be filed by the officer or employee with the magistrate.

D. The place specified in the notice to appear shall be either:

1. Before a judge of a justice court or a municipal court judge within the county, and who had jurisdiction of the offense charged, and who is nearest and most accessible with reference to the place where the arrest is made; or

2. Before an officer authorized by that court to receive a deposit of bail.

(Ord. 91-18-599 § 2(part), 1991)

(Ord. No. 09-02-701, § 1(i), 9-8-2009)

The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his or her written promise to appear in court as specified in the notice by signing the duplicate notice which shall be retained by the officer or employee. Upon the signing of the duplicate notice, the arresting officer shall immediately release the person arrested from custody.

(Ord. 91-18-599 § 2(part), 1991)

A. The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate may fix the amount of bail which, in his or her judgment, in accordance with the provisions of Section 1275 of the Penal Code of the state is reasonable and sufficient for the appearance of the defendant, and shall endorse upon the notice a statement signed by him or her in the form set forth in Section 815a of the Penal Code of the state.

B. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. At the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in his or her discretion, order that no further proceedings shall be had in such case.

C. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463 of the Penal Code of the state.

(Ord. 91-18-599 § 2(part), 1991)

No warrant shall be issued for the arrest of a person who has given such written promise to appear in court, unless and until he or she has violated that promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law.

(Ord. 91-18-599 § 2(part), 1991)

A. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 1.16.030, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty days after his or her failure to appear as promised or within twenty days after his or her failure to appear after a lawfully granted continuance of his or her promise to appear.

B. When such person violates his promise to appear before an officer authorized to receive bail other than the magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.

(Ord. 91-18-599 § 2(part), 1991)

Any person who wilfully violates his or her written promise to appear in court or a lawfully granted continuance of his or her promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested, and shall be punished by fine of not more than one thousand dollars, or by imprisonment in the county jail for not to exceed six months, or by both such fine and imprisonment.

(Ord. 91-18-599 § 2(part), 1991)

The council finds that there is a need for an alternative method of enforcement of violations of the municipal code in lieu of any other legal remedy, criminal or civil, which may be pursued by the city to address any violation of this code including, but not limited to, those set forth in Chapter 1.20. The council further finds and declares that an appropriate method for enforcement for violations of the code is the following administrative citation and civil fine program authorized pursuant to Government Code Section 53069.4.

A. Administrative Citation. Any person violating any provision of the code may be issued an administrative citation by any officer described in Section 1.16.010.A and as provided therein. As used in this section, the term "enforcement officer" shall refer to those officers described in Section 1.16.010.A. A separate civil fine for each violation of the code may be assessed by means of one administrative citation.

B. Contents. Upon discovering or observing any violation of the municipal code, an enforcement officer may issue an administrative citation, in a form approved by the city manager and city attorney, to a violator or property owner, 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 Chapter 15.04, 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, such date shall be no less than ten days after service of the citation;

4. Statement explaining the consequences of failure to correct the violation(s);

5. Amount of fine imposed for the violation(s) as set forth in Section 1.16.065.G;

6. 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 contents of the administrative citation and right of appeal, including the name and address of the city manager or his or her designee for purposes of filing any notice of appeal;

8. An order prohibiting another occurrence of the code violation; and

9. The name and signature of the enforcement officer.

C. Issuance. 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 a business, the citation may be issued to the person in immediate control of the business on site at the time of the issuance of the administrative citation and fine. The enforcement officer may, but is not required, to obtain the signature of the person upon whom the citation was issued. The lack of signature shall not affect the validity of the citation and subsequent proceedings.

D. Issuance When Unable to Locate Violator. If the enforcement officer is unable to locate the violator(s) then the administrative citation shall be mailed to the responsible party and property owner, if different than the responsible party. The administrative citation shall be mailed to the violator(s) or property owner(s) by certified and first class mail. The failure of any person with an interest in the property to receive such notice shall not affect the validity of any proceedings taken under this chapter. Notice by certified and first class mail in the manner described above shall become effective on the date of mailing.

E. Violations and distinct offense. A violation of this code includes, but is not limited to, all violations of the municipal code, zoning code, the uniform codes adopted by the city council, failing to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this code. Each and every day a violation exists, from the date for compliance specified in the administrative citation until the date the violation is fully corrected as determined by the enforcement officer, may constitute a separate and distinct offense.

F. Appeal. Any person issued an administrative citation may contest the contents of the administrative citation by filing an appeal for an administrative hearing.

1. The action of the official writing the citation shall be final unless appealed to the city manager or his or her designee by the applicant within ten days after service of notice of such citation on the business owner or agent.

2. Any appeal to the city manager or his or her designee shall set forth fully the grounds upon which the appeal is based and shall be in writing. If no appeal is filed within the time prescribed, the fine shall be final and immediately payable.

3. The city manager or his or her designee shall serve as or select the administrative hearing officer to make a determination as to the validity of the citation after examining the writings submitted by the enforcement official who issued the citation and the individual or entity being cited. The written administrative hearing officer will be given to the individual or entity being cited within twenty-one days of his or her receipt of the writings from both sides.

4. Administrative hearing officers shall be selected in a manner that avoids the potential for pecuniary or other bias. In no event shall the administrative hearing officer be the citing official.

5. 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 that party's case and to cross examine witnesses. The city bears the burden of proof at an administrative hearing to establish a violation of this code. The administrative citation and any additional reports submitted by the enforcement official shall constitute prima facie evidence of the facts contained in those documents. The administrative hearing officer must use preponderance of evidence as the standard of review in deciding the issues.

6. If the responsible party fails to attend the scheduled hearing, the hearing will proceed without the responsible person, and the responsible person will be deemed to have waived the right to an administrative hearing and any further appeals.

7. Within twenty days after service of the administrative hearing officer's decision upon the responsible party, the responsible party may seek review of the administrative hearing officer's decision by filing a notice of appeal with the superior court pursuant to Government Code Section 53069.4(b). If the responsible party fails to timely file a notice of appeal, the administrative citation shall be deemed confirmed.

G. Fine. Except as otherwise set forth in this code, the amounts of the fines imposed pursuant to this chapter shall be set forth in a schedule of fines established by resolution of the city council pursuant to this section.

1. The city council may, by resolution, impose escalating fines in amounts it deems appropriate for repeat offenses in a twelve-month period. The amounts of fines may be modified from time to time by a resolution of the city council.

2. If a violation would otherwise be an infraction, the civil fine shall not exceed the maximum fine or penalty amounts for infractions set forth in Government Code Section 36900 as may be amended. The amounts of such fines may be modified from time to time by a resolution of the city council provided they do not exceed the limits allowed by state law.

H. Failure to Correct. If the violator or property owner fails to correct the violation within the time specified on the citation, a second citation may be issued for the same violation due to the failure of the responsible party to correct the violation. The fine for the second violation would be governed by subsection G. The city may choose other applicable action permissible under this code to gain compliance.

I. Payment of Fine Without Correction of Violation. 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.

J. Collection of Fine. The city may pursue any legal remedy to collect fines and late fees, as applicable. The city may collect delinquent and late fees and fines though the following lien procedure:

The total amount of delinquent and late fees and fine still owed shall constitute a special assessment against the respective lot or parcel of land to which it relates and, upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien against the property for the amount of such assessment.

1. After such confirmation and recordation, a certified copy of such decision shall be sent to the appropriate county official to add the amounts of the respective assessment to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes, and thereafter the amount shall be collected at the same time and in the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes and assessments.

2. Such notice of lien for recordation shall be in the form substantially as follows:

NOTICE OF LIEN (Claim of City of Tehachapi)

Pursuant to the authority vested by the provisions of Chapter 15.04 of the Tehachapi Municipal Code, the City Manager of the City of Tehachapi (or his or her designated representative) did, on or about, the ___ day of _______, 20___, issue an administrative citation (Section 1.06.065) for violation of the Code of Building Regulations. Payment of such citation was due on the ___ day of _______, 20___, and the same has not been paid nor any part thereof; and said City of Tehachapi does hereby claim a lien on such citation in the amount of said assessment, to wit: The sum of $_______; and the same shall be in a lien upon said real property until the same has been paid in full and discharged of record.

The real property above mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being within the City of Tehachapi, County of Kern, State of California, and more particularly described as follows:

Street Address

(Legal description) APN _______

Dated this ___ day of _______, 20___. City of Tehachapi

Name and address of the recorded owner of the parcel:

(name) (address)

City Manager (or title of his duly authorized representative)

K. Authority to Issue Administrative Citation. The following officers and employees have the authority to issue administrative citations and civil fines: city manager, planning and economic development director, public works director, police chief and fire chief, building inspector and any other person delegated such authority by any of the above.

L. Payment of Fine and Use of Proceeds. Except as otherwise provided, all civil fines assessed shall be payable to the city.

M. Hardship Waiver. Hardship waiver to reduce the amount of the fine imposed for second and subsequent violations within one year from the date of the first violation.

1. For fines imposed for second and subsequent violations within one year from the date of the first violation, the citation recipient may request a hardship waiver by completing a hardship waiver form and returning the form to the city manager or his or her designee within ten days of the date stated on the citation. The waiver request shall include a sworn affidavit and any supporting documents or materials demonstrating to the satisfaction of the city manager or his or her designee that: (1) the recipient of the fine has made a bona fide effort to comply after the first violation; and (2) payment of the full amount of the fine would impose an undue financial burden on the recipient.

2. The city manager or his or her designee shall provide written notice of the determination of a timely received waiver request to the recipient of the fine by first class mail. Service shall be deemed complete at the time the notice is deposited into the mail and addressed to the person at the address indicated on the hardship waiver form. The determination notice shall include a brief description of the reasons for the determination to approve or not approve the hardship waiver. The written determination of the city manager or his or her designee shall be final.

3. If the city manager or his or her designee determines not to approve a hardship waiver, the recipient of the fine shall, within ten days of service of that determination, either remit the deposit amount to the city or appeal the citation in compliance with the applicable procedures in this code.

N. Emergency Abatement. In the event the violation constitutes a significant and immediate threat to the public health, safety, or welfare so severe that immediate action is required, any officer may enter the property upon which the violation exists, abate the violation, and restore any property affected by it. To the extent reasonably practicable, informal notice shall be provided to the owner or occupant before abatement. If necessary to protect the public health, safety, or welfare, abatement may proceed without prior notice to or consent from the owner or occupant thereof. An administrative hearing before the city council shall follow the abatement action at the next regular meeting of the city council that the matter can be placed on the agenda wherein the city council shall determine the reasonableness of the action taken by the officer. Subject to the city council's determination, all costs of the abatement shall be borne by the owner of the property and all provisions described in this section relating to assessment and collection of same shall apply.

(Ord. No. 09-02-701, § 1(i), 9-8-2009; Ord. No. 10-04-706, § 1, 11-15-2010; Ord. No. 15-06-725, § 1, 4-20-2015; Ord. No. 22-02-767, § 3, 1-18-2022; Ord. No. 25-05-783, § 2, 10-20-2025)

All required procedures for the issuance of a notice to appear not set forth in this chapter shall be those that are set forth in Sections 853.5, et seq. of the Penal Code of the state, as from time to time amended.

(Ord. 91-18-599 § 2(part), 1991)