Tulare Municipal Code Ch. 1.61 Administrative Citations

(A) The City Council hereby finds that there is a need for an alternative method of enforcement for minor violations of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code. The City Council further finds that an appropriate method of enforcement for minor violations is an Administrative Citation Program, as authorized by Cal. Gov’t Code § 53069.4.

(B) The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedy established by law, which may be pursued to address violations of the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code.

(C) The City Council hereby finds and determines that enforcement of the Tulare Municipal Code, other ordinances adopted by the city, conditions on entitlements and terms and conditions of city agreements are matters of local concern and serve important public purposes. Consistent with its powers as a Charter City, the City of Tulare adopts this Administrative Citation Program provision in order to achieve the following goals, and:

(1) To protect the public health, safety and welfare of the citizens of the City of Tulare;

(2) To gain compliance with the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code in a timely and efficient manner;

(3) To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code;

(4) To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system; and

(5) To provide for an administrative process to appeal the imposition of administrative citations and fines.

(D) (1) The purpose of this chapter is to enable the city, acting as a charter city pursuant to Article XI, §§ 5 and 7 of the state’s Constitution, to impose and collect civil administrative fines in conjunction with the enforcement of provisions of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code. Notwithstanding the provisions herein, the city has and shall continue to employ the philosophy of voluntary compliance when seeking compliance with the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code.

(2) Prior to the implementation of the enforcement policies and penalties stated herein, voluntary compliance approaches, when practical, should first be used in order to educate city property owners and businesses concerning the requirements of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code, and the corrective action necessary to correct a violation of the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code.

(E) Use of this chapter shall be at the sole discretion of the city.

(1995 Code, § 1.61.005) (Ord. 04-1953, passed - -2004)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ENFORCEMENT OFFICER. Any officer or employee with the authority to enforce the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code as provided in Chapters 1.60, 3.04, 3.24 and 6.16.

HEARING OFFICER. Any person appointed by the City Manager to preside over the administrative hearings provided for in § 1.61.080.

RESPONSIBLE PERSON. Any individual or entities who are the registered owner or occupant of real property, owner or authorized agent of any business, company or entity, or the parent or the legal guardian of any person under the age of 18 years, who causes or maintains a violation of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code.

(1995 Code, § 1.61.010) (Ord. 04-1953, passed - -2004)

(A) Any person violating any provision of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code may be issued an administrative citation by an Enforcement Officer as provided in this chapter. A violation of this code includes, but is not limited to all violations of the Tulare Municipal Code and applicable state codes, ordinances or regulations 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.

(B) Each and every day a violation exists may constitute a separate and distinct offense.

(C) A civil fine shall be assessed by means of an administrative citation issued by the Enforcement Officer and shall be payable directly to the City of Tulare.

(1995 Code, § 1.61.020) (Ord. 04-1953, passed - -2004)

The City Council of the City of Tulare intends to secure compliance with the provisions of the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code. To the extent that such compliance may be achieved by less drastic methods of enforcement the following alternate, separate and distinct methods may be utilized. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violations exist constitutes a separate offense. Notwithstanding any other provision of the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code, each violation of the provisions of this code may be enforced alternatively as follows:

(A) Infraction. Violations of any provision or failing to comply with any mandatory requirement is punishable as an infraction unless the applicable chapter specifically states otherwise. Written citations for infractions may be issued by police officers or non-safety employees designated by Tulare Municipal Code Chapters 1.60. 3.04. 3.24 and 6.16. Fines shall be assessed in the amounts specified as follows:

(1) A fine not exceeding $100 for a first violation;

(2) A fine not exceeding $200 for a second violation of the same ordinance within 12 months; and

(3) A fine not exceeding $500 for each additional violation of the same ordinance within 12 months.

(B) Misdemeanor. A violation is punishable as a misdemeanor if the applicable chapter so states, but the City Attorney may prosecute as an infraction with concurrence of the court. Written citations for misdemeanors may be issued by police officers or by non-safety employees designated by Tulare Municipal Code Chapters 1.60, 3.04, 3.24 and 6.16. Any person convicted of a misdemeanor under the provisions of the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code, shall be punished by a fine not exceeding $1,000 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

(C) Civil action. The City Attorney, or an attorney hired for such purposes by and at the request of the City Council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code, as provided by law.

(D) Administrative citation. Upon a finding by the city official vested with the authority to enforce the various provisions of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code, that a violation exists, he or she may issue an administrative citation under the provisions of this chapter.

(E) Administrative fine schedule. All administrative fines referenced throughout the Tulare Municipal Code shall be as set forth in the Administrative Fine Schedule as established and adopted by resolution of the City Council of the City of Tulare. If any ordinance establishes an administrative fee amount which is in conflict with the Administrative Fine Schedule the amount as defined in the schedule will be deemed the correct amount.

(1995 Code, § 1.61.030) (Ord. 10-16, passed 5-4-2010; Ord. 10-15, passed 4-20-2010; Ord. 04-1953, passed --2004)

(A) An administrative citation on a form approved by the City Manager shall be issued to the responsible person by an Enforcement Officer for violations of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code, in the following manner:

(1) Personal service. In any case where an administrative citation is issued:

(a) 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.

(b) If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.

(2) Service of citation by mail. If the Enforcement Officer is unable to locate the responsible person, the administrative citation shall 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 pursuant to first class mail, provided the citation sent by first class mail is not returned.

(3) Service by citation by posting notice. If the Enforcement Officer does not succeed in serving the responsible person personally, or of certified mail or regular mail, the Enforcement Officer shall post the administrative citation on any real property within the city where the city has knowledge that the responsible person has a legal interest, and the posting shall be deemed effective service.

(1995 Code, § 1.61.040) (Ord. 04-1953, passed - -2004)

Each administrative citation shall contain the following information:

(A) Date, approximate time and address or definite description of the location where the violation(s) was observed;

(B) The code sections or conditions violated and a description of the violation(s);

(C) An order to the responsible person to correct the violations within the time specified and an explanation of the consequences of failure to correct the violation(s);

(D) The amount of the fine for the violation(s);

(E) An explanation of how the fine shall be paid and the time period by which it shall be paid;

(F) Identification of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;

(G) The name and signature of the Enforcement Officer; and

(H) If possible, the signature of the responsible person.

(1995 Code, § 1.61.050) (Ord. 04-1953, passed - -2004)

(A) Upon receipt of a citation, the responsible person shall:

(1) Pay the fine to the city within 15 working days from the issuance date of the administrative citation. All fines assessed shall be payable to the City of Tulare. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city; and

(2) Remedy the violation(s), if the responsible person fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s).

(B) The amount of the fine for failure to correct the violation shall increase at a rate specified in this chapter or by ordinance.

(1995 Code, § 1.61.060) (Ord. 04-1953, passed - -2004)

Any recipient of an administrative citation may contest that there was a violation of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code or that he or she is the responsible person by completing a request for hearing form and returning it to the city within 15 working days from the issuance date of the administration citation, together with an advanced deposit (full amount) of the fine. Any administrative citation fine, which has been deposited, shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not the responsible person for the violation(s) or that there was no violation(s) as charged in the administrative citation.

(1995 Code, § 1.61.070) (Ord. 04-1953, passed - -2004)

Requirements to pay the advance deposit (full amount of the fine) may be waived in part or in total by the City Manager or his or her designee upon showing of undue financial hardship by the appellant.

(Ord. 14-04, passed 10-21-2014)

The Tulare City Manager shall designate the Hearing Officer for the administrative citation hearing. The Hearing Officer shall not be a Tulare city employee. The employment, performance evaluation, compensation and benefits of the Hearing Officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the Hearing Officer.

(1995 Code, § 1.61.080) (Ord. 04-1953, passed - -2004)

(A) No hearing to contest an administrative citation before a Hearing Officer shall be held unless and until a request for hearing form has been completed and submitted and the fine has been deposited in advance or waived under provisions of § 1.61.085 .

(B) A hearing before the Hearing Officer shall be set for a date that is not less than 15 working days and not more than 60 working days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten working days prior to the date of the hearing.

(C) The Enforcement Hearing Officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible person has caused or maintained the violation(s) of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code, on the date(s) specified in the administrative citation.

(D) The responsible person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

(E) 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.

(F) The administrative citation and any additional documents submitted by the Enforcement Officer shall constitute prima facia evidence of the respective facts contained in those documents.

(G) 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 by mail on the person requesting the hearing at least five working days prior to the date of the hearing. At least ten working days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the Enforcement Officer. No other discovery is permitted. Formal rules of evidence shall not apply.

(H) 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.

(1995 Code, § 1.61.090) (Ord. 14-04, passed 10-21-2014; Ord. 04-1953, passed - -2004)

(A) After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within ten working days of the close of the hearing to uphold or deny the administrative citation and shall list in the decision the reasons for that decision. The decision of the Hearing Officer shall be final, subject to judicial review.

(B) If the Hearing Officer 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 Hearing Officer determines that the administrative citation should be dismissed, the City shall refund the amount of the deposit within ten working days of the date of its receipt of the decision.

(D) The recipient of the administrative citation shall be served with a copy of the hearing officer’s written decision in the manner prescribed above.

(1995 Code, § 1.61.100) (Ord. 04-1953, passed - -2004)

The failure of any person to pay the civil fines assessed by an administrative citation within the time specified on the citation may result in the matter being referred to the City of Tulare–Finance, to file a claim with the Small Claims Court. Alternatively, the city may pursue any other legal remedy to collect the civil fines. The city may also recover all of its collections costs.

(1995 Code, § 1.61.110) (Ord. 04-1953, passed - -2004)

Any person aggrieved by a decision of a Hearing Officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Tulare County Municipal Court in accordance with the timelines and provisions as set forth in Cal. Gov’t Code § 53069.4.

(1995 Code, § 1.61.120) (Ord. 04-1953, passed - -2004)

(A) The administration citation and all notices to be given by this chapter shall be served on the responsible person in accordance with the provisions of this chapter.

(B) Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted here under.

(1995 Code, § 1.61.130) (Ord. 04-1953, passed - -2004)