Truckee Municipal Code Ch. 1.03 Administrative Remedies: Administrative Citations

(a) This Chapter provides for Administrative Citations, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the Town to address any violation of the Municipal Code.

(b) Use of this Chapter shall be at the sole discretion of the Town.

(c) This chapter is adopted pursuant to California Government Code Section 53069.4 and any successor section thereto, as well as the authority granted by the Town Charter.

(a) Responsible Person shall mean any individual who is the owner or occupant of real property, owner or authorized agent for any business, company, or entity, or any person as defined in Title 8 Section 8.01.020 (q) of the Town of Truckee Municipal Code, who has caused or maintains a violation of the Town of Truckee Municipal Code or any other State Code.

(b) Enforcement Officer shall mean any Town employee or agent of the Town with the authority to enforce any provision of this Code.

(a) Whenever an Enforcement Officer charged with the enforcement of any provision of this Code or applicable State Code, determines that a violation of that provision has occurred, the Enforcement Officer shall have the authority to issue an Administrative Citation to any Responsible Person for the violation.

(b) An Administrative Citation on a form approved by the Town Manager may be issued to the Responsible Person by the Enforcement Officer for violations of the Municipal Code or applicable State Codes in the following manner:

(1) Personal Service. In any case where an Administrative Citation is issued, the Enforcement Officer shall attempt to locate and personally serve the Responsible Person and obtain the signature of the Responsible Person on the Administrative Citation.

(a) Any person being issued an Administrative Citation shall be required to produce adequate identification and sign the Administrative Citation. Any person who refuses to produce adequate identification or who refuses to sign such citation is guilty of a misdemeanor and may be taken into custody by any peace officer of the State of California.

(b) Failure or refusal to sign the Administrative Citation by the Responsible Person shall not affect the validity of the Administrative Citation or of subsequent proceedings.

(2) Service of Administrative Citation by Mail. If the Enforcement Officer is unable to locate the Responsible Person, the Administrative Citation may be mailed to the Responsible Person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective by first class mail, provided that the citation sent by first class mail is not returned.

(3) Service of Administrative Citation by Posting. The Enforcement Officer may post an Administrative Citation on any real property within the Town in which the Town has knowledge that the Responsible Person has a legal interest, or for parking violations, place on any vehicle, and such posting shall be deemed effective service. The Enforcement Officer shall first attempt Personal Service to the Responsible Party before posting the Administrative Citation on real property. Posting an Administrative Citation may also be used in the event Service by Mail has failed.

(ORD 2004-01 1-6-04)

To the extent practicable, each Administrative Citation shall contain the following information:

(a) The date and time of the violation.

(b) Name, address and phone number of the Responsible Person.

(c) The address or a definite description of the location where the violation occurred.

(d) The Section of the Code violated and a description of the violation.

(e) The amount of the fine for the code violation.

(f) 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.

(g) An order prohibiting the continuation or repeated occurrence of the Code violation described in the Administrative Citation.

(h) 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.

(i) The name and signature of the citing Enforcement Officer.

(ORD 2004-01 1-6-04)

(a) The amount of the fines for Code violations imposed pursuant to this Chapter shall be set forth in the Schedule of Fees established by resolution of the Town Council.

(b) The Schedule of Fees shall specify any increased fines for repeat violations of the same Code provision by the same person within twelve months from the date of the Administrative Citation.

(c) The Schedule of Fees shall specify the amount of any late payment charges imposed for the payment of a fine after its due date.

(a) The fine shall be paid to the Town within twenty-one (21) days from the date of the Administrative Citation.

(b) 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.

(c) Code Enforcement citations may be dismissed by the Hearing Officer if the violation cited is corrected prior to the time payment of the fine is due (within twenty-one (21) days). This section shall not apply to any other Code Enforcement fees due or to Animal Control related violations.

(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 Town within twenty-one (21) days from the date of the Administrative Citation.

(b) A Request For Hearing Form may be obtained from the department specified on the Administrative Citation.

(c) The person requesting the hearing shall indicate if they choose to appear in person for the hearing or have the written appeal be submitted for review by the Hearing Officer.

(d) If the Enforcement Officer submits an additional written report concerning the Administrative Citation to the Hearing Officer for consideration at the hearing, then a copy of this report also shall be served, mailed, or provided to the person requesting the hearing at least five (5) days prior to the date of the hearing.

(ORD 2004-01 1-6-04)

The Town Manager shall designate the Hearing Officer for the Administrative Citation Hearing.

(a) A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the Request For Hearing is filed in accordance with the provisions of this Chapter.

(b) At the hearing, the party contesting the Administrative Citation shall be given the opportunity to testify and to present evidence concerning the Administrative Citation.

(c) 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.

(d) 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. No other proof concerning the violation shall be required to sustain a finding of conviction, provided, however, that the Hearing Officer may consider such other relevant evidence at the hearing in his or her discretion.

(e) The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the Administrative Citation prior to issuing a written decision.

(a) After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold or cancel the Administrative Citation and shall list in the decision the reason for that decision.

(b) If the Hearing Officer determines that the Administrative Citation should be upheld the Hearing Officer shall set forth in the decision a payment schedule for the fine.

(c) The recipient of the Administrative Citation shall be served with a copy of the Hearing Officer's written decision. The Hearing Officers decision shall also include appeal rights pursuant to California Government Code Section 53069.4 (b) (1).

(d) The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of Administrative Citation fines upheld by the Hearing Officer.

Any person who fails to pay to the Town any fine imposed pursuant to the provisions of this Chapter on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges set forth in the Schedule of Fees.

The Town may collect any past due Administrative Citation fine or late payment charge by use of all available legal means. The Town also may recover its collection costs pursuant to Section 3.10.010 Collection of Debts to the Town.

(a) The Administrative Citation and all notices required to be given by this Chapter shall be served on the responsible party in accordance with the provisions of Section 1.02.100 Notices-Service.

(b) Failure to receive any notice specified in this Chapter does not affect the validity of proceedings conducted hereunder.