Vallejo Municipal Code Ch. 1.15 Administrative Citations

The city council finds that there is a need for an alternative method of enforcement for violations of the municipal code and other city ordinances, standards, regulations and policies to protect the public health, safety and welfare of the community. The council also finds and declares that an appropriate method of enforcement for these violations is an administrative citation program. The council further finds that continued violations are a drain on personnel and resources, require resources over and above the level of enforcement services usually provided, and constitute a public nuisance the costs of which should be paid by the responsible person or persons. Consistent with its powers as a charter city, the city council adopts the administrative citation provisions contained herein to provide for an administrative process that has objective criteria for the imposition of fines and provides for a fair process to appeal the issuance of administrative citations.

(Ord. 1420 N.C.(2d) § 1 (part), 1999.)

A. This chapter provides for administrative citations which are in addition to all other legal remedies, including criminal, civil or other legally established procedures, which may be pursued to address violations identified in this chapter.

B. This chapter applies to the following acts or omissions:

1. All violations of the Vallejo municipal code;

2. All violations of the city charter and other city ordinances, standards, regulations and policies;

3. All violations of the uniform codes adopted by the city;

4. Failing to comply with any order or condition issued by a commission, board, hearing officer or other body appointed by the city council and authorized to issue orders and conditions, including but not limited to the planning commission, architectural heritage and landmarks commission, and code enforcement appeals board; and

5. Failing to comply with any condition imposed by any entitlement, permit, contract or environmental document issued or approved by the city.

C. This chapter establishes the administrative procedures for the imposition, enforcement, collection and administrative review of fines and penalties imposed pursuant to the provisions of this chapter.

D. Use of this chapter shall be at the sole discretion of the city.

(Ord. 1420 N.C.(2d) § 1 (part), 1999.)

For the purposes of this chapter, the following definitions apply:

A. "Advance fine deposit" shall mean fifty percent of the citation or notice of violation fee.

B. "Days" shall mean calendar days. In the event a specified time period ends on a weekend or city holiday, then the time period shall end on the next business day.

C. "Director" shall mean any of the following: city manager, assistant city manager, police chief, fire chief, development services director, public works director and any of their designated agents or representatives.

D. "Enforcement officer" shall mean any city employee or agent of the city with the authority to enforce any provision of this chapter.

E. "Hearing officer" shall mean any impartial person or panel of persons appointed by the city, including the code enforcement appeals board, to preside over the hearings described in this chapter. Hearing Officer shall not include any city of Vallejo employee(s). Hearing officer may include retired judges and other individuals qualified as hearing officers from JAMS or similar organizations. City staff shall use its best efforts to utilize hearing officers or panels with subject matter expertise in the subject matter area for which the citation is issued.

F. "Responsible person" shall mean the person or persons whom the director determines is responsible for causing or maintaining any violation of this code or other provisions of this chapter, including but not limited to a property owner, tenant, person with legal interest in real property, or person in possession of real property and their employees and agents. The term "person" means any natural person, firm, association, business, trust, organization, corporation, partnership, company, unincorporated association or any other business entity whether legally recognized or not.

G. "Reasonable time period" is at the discretion of the enforcement officer based on the type, severity of harm that the violation may cause, time needed to abate, and number of previous violations on the same property, unless the director determines there are circumstances of hardship that warrant additional time for abatement. Notwithstanding the foregoing, reasonable time period shall be no less than seven days and no more than thirty days.

(Ord. 1455 N.C.(2d) § 1 (part), 2001: Ord. 1420 N.C.(2d) § 1 (part), 1999.; Ord. No. 1845 N.C. (2d), § 1, 9-22-2020)

A. Whenever an enforcement officer charged with the enforcement of this code has determined that a continuing violation of this code exists pertaining to building, plumbing, electrical, or other similar structural or zoning issues and does not create an immediate hazard to the general welfare, health, and safety, the enforcement officer shall have the authority to issue a warning notice to the responsible person that provides a reasonable time period to correct or otherwise remedy the violation. The warning notice serves as a written warning of responsibility and requires the responsible party to immediately cease the violation, and abate the violation within the reasonable time period. In the event the enforcement officer determines that the violation does create an immediate hazard to the general welfare, health and safety of the residents and/or the citizens of the city of Vallejo, the enforcement officer may issue a citation as set forth in 1.15.035(C) of this chapter.

B. The warning notice shall be served in accordance with the provisions of Section 1.15.060 and shall include the information required under Section 1.15.050, except 1.15.050(E).

C. If the continuing violation of this code has not been abated within the reasonable time period provided in the warning notice, the enforcement officer shall have the discretion to either issue a notice of violation pursuant to 1.15.037 of this chapter or an administrative citation pursuant to 1.15.040 of this chapter.

(Ord. No. 1845 N.C. (2d), § 2, 9-22-2020)

A. If the continuing violation of this code has not been abated within the reasonable time period provided on the warning notice, issued pursuant to section 1.15.035 of this chapter, the enforcement officer has the discretion to issue a notice of violation to any responsible person.

B. The notice of violation shall be served in accordance with the provisions of Section 1.15.060 and shall include the information required under Section 1.15.050.

(Ord. No. 1845 N.C. (2d), § 3, 9-22-2020)

A. If the continuing violation of this code has not been abated within the reasonable time period provided on the warning notice, issued pursuant to Section 1.15.035 of this chapter or the notice of violation, issued pursuant to 1.15.037 of this chapter, the enforcement officer shall have the authority to issue an administrative citation to any responsible person.

B. If the violation of this code is not a continuing violation, as stated in Government Code section 53069.4(a)(2)(A), the enforcement officer shall have the authority to issue an administrative citation without first having to issue a warning notice.

C. Each day a violation exists constitutes a separate and distinct violation of this municipal code. Each violation of a section or subsection of this municipal code constitutes a separate violation for each day the violation exists.

(Ord. 1420 N.C.(2d) § 1 (part), 1999.; Ord. No. 1845 N.C. (2d), § 4, 9-22-2020)

Each citation and warning notice shall include all of the following information:

A. Date the violation was observed by the enforcement officer;

B. Name and address of the responsible person in violation and address or definite description of the location where the violation occurred;

C. Section or sections of the municipal code violated and a description of the violation;

D. Action required to correct the violation and the date by which such action must be completed to prevent the imposition of an administrative fine;

E. Amount of the fine for the violation and the procedure to pay the fine and avoid late payment administrative charges;

F. Consequences for failing to correct the violation, including the notice that unpaid fines and administrative charges are subject to the assessment and lien procedures of this chapter;

G. Description of the procedure, including the time within which to make a request for an advance fine deposit waiver and/or hearing to contest the citation or notice of violation; and

H. Name and signature of the enforcement officer, department of the enforcement officer and date of citation or notice of violation.

(Ord. 1455 N.C.(2d) § 1 (part), 2001: Ord. 1420 N.C.(2d) § 1 (part), 1999.; Ord. No. 1845 N.C. (2d), § 5, 9-22-2020)

An administrative citation and notice of violation shall be served in one of the following methods:

A. An enforcement officer may personally serve the citation or notice of violation on the responsible person. The citation or notice of violation shall become effective on the date of personal service.

B. An enforcement officer may mail the citation or notice of violation by first class mail and certified mail, to the responsible person. The citation or notice of violation shall be mailed to the responsible person's address shown on the last Solano County equalized property tax assessment rolls or to any other address known for the responsible person, and the property where the violation occurred if it is a different address than the address shown on the last Solano County equalized property tax assessment roll. The citation or notice of violation shall become effective on the date of the first class mailing. The failure to serve any responsible person shall not invalidate any proceeding taken pursuant to this chapter.

C. An enforcement officer may post the property where the violation occurs in a conspicuous place with the citation or notice of violation when the responsible person resides at an unknown address. A copy of the citation or notice of violation shall also be mailed by first class mail to the responsible person at the property where the violation occurred and the responsible person's address shown on the last Solano County equalized property tax assessment rolls. The citation or notice of violation shall become effective on the date of the first class mailing. If the enforcement officer has issued a total of ten or more notices of violations and citations, than the enforcement officer shall post the citation or notice of violation on the property where the violation occurs while also mailing a copy of the citation or notice of violation in accordance with subsection 1.15.060(B).

(Ord. 1420 N.C.(2d) § 1 (part), 1999.; Ord. No. 1845 N.C. (2d), § 6, 9-22-2020)

A. The amounts of fines for violations imposed pursuant to this chapter shall be set forth in the schedule of fines established by resolution by the city council. The schedule shall include escalating fine amounts for repeat violations.

B. An administrative charge shall be owed for fines not paid within thirty days of their due date. The schedule of fines shall specify the administrative charge to be imposed for any fine not paid when due.

(Ord. 1455 N.C.(2d) § 1 (part), 2001: Ord. 1420 N.C.(2d) § 1 (part), 1999.)

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

B. Any administrative citation and/or administrative charge paid shall be refunded if it is determined after a hearing that the person issued the administrative citation was not the responsible person or that there was no violation as identified in the administrative citation.

C. Payment of a fine shall not excuse the responsible person for correcting the violation. The issuance of a citation and/or payment of a fine does not bar the city from taking any other enforcement action regarding a violation that is not corrected, including additional administrative citations and/or civil and/or criminal complaints.

(Ord. 1455 N.C.(2d) § 1 (part), 2001: Ord. 1420 N.C.(2d) § 1 (part), 1999.)

A. Any responsible person receiving an administrative citation or notice of violation may contest the violation pursuant to this chapter, or that he or she is the responsible person, and may request a hearing as follows:

1. A request for hearing form shall be obtained from the department specified on the administrative citation or notice of violation. The form shall include a section permitting a brief statement outlining the responsible person's basis for contesting the citation or notice of violation and for the provision of an address at which notice of any additional proceeding, correspondence or the decision of the hearing officer may be received. This request shall be filed with the director of such department within fifteen days of the effective date of the citation or notice of violation together with an advance fine deposit or a request for an advance fine deposit waiver pursuant to Section 1.15.100.

2. Only after a completed request for hearing form has been filed with the director, and the responsible person has submitted the advance fine deposit or has obtained an advance fine deposit waiver shall the director set the date, time and place for the hearing. The hearing shall be set for a date not less than fifteen days nor more than sixty days after the date the director received the request and the advance fine deposit or an approved waiver.

3. The responsible person requesting the hearing shall be notified by first class mail and certified mail, of the time and place set for the hearing at least ten days before the date of the hearing. The notice shall be sent to the address provided on the request for hearing form as well as the address shown on the last Solano County equalized property tax assessment rolls, if the two addresses are different. Service shall become effective on the date of first class mailing. Failure of the responsible person requesting the hearing to receive such notice shall not affect the validity of any proceedings taken.

4. The responsible person requesting the hearing or the director may request one continuance, but in no event may the hearing be continued more than thirty days after the date of the originally scheduled hearing unless the hearing officer finds circumstances warrant a longer continuance not to exceed ninety days after the date of the originally scheduled hearing.

5. Any documentation, other than the administrative citation or notice of violation, which the director submits to the hearing officer shall be served on the responsible person, at the address provided on the request for hearing form, at least three days before the hearing.

6. After the advance fine has been paid, the remaining fifty percent of the fine shall be paid to the director by the date of the hearing.

B. The failure of any responsible person to file a request for hearing in accordance with the provisions of this section shall be deemed to have waived his or her right to an administrative hearing.

(Ord. 1455 N.C.(2d) § 1 (part), 2001: Ord. 1420 N.C.(2d) § 1 (part), 1999.; Ord. No. 1845 N.C. (2d), § 7, 9-22-2020)

Any responsible person who requests a hearing to contest an administrative citation or notice of violation and is financially unable to deposit the fine as required in Section 1.15.090 may file a request for an advance fine deposit waiver as follows:

A. The request for waiver shall be made on a form obtained from the department specified on the administrative citation or notice of violation and shall be submitted to the director of such department within fifteen days of the effective date of the citation or notice of violation.

B. The advance fine deposit waiver shall be a form that is substantially similar to judicial council form FW-001 Request to Waive Court Fees.

C. The requirement of depositing the full amount of the fine as required by Section 1.15.090 shall be stayed unless or until the director makes a determination not to issue the advance fine deposit hardship waiver.

D. The director may issue an advance fine deposit waiver only if the person requesting the waiver submits to the director a sworn affidavit together with any supporting documents demonstrating to the satisfaction of the director the person's financial inability to deposit with the city the full amount of the fine in advance of the hearing.

E. The director shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The written determination of the director shall be final and shall be served upon the person who applied for the waiver.

F. If the director decides not to issue a waiver, the responsible person shall remit the advance fine deposit within ten days of the decision. If the advance fine deposit is not received by the director by this date, the request for hearing shall not be accepted and the responsible person shall be deemed to have waived his or her right to an administrative hearing.

(Ord. 1420 N.C.(2d) § 1 (part), 1999.; Ord. No. 1845 N.C. (2d), § 8, 9-22-2020)

A. No hearing to contest an administrative citation or notice of violation before a hearing officer shall be held unless the total fine has been deposited in advance pursuant to Section 1.15.090 or an advance fine deposit hardship waiver has been issued pursuant to Section 1.15.100.

B. Administrative hearings are informal, and formal rules of evidence and discovery do not apply.

C. The city and the responsible person contesting the administrative citation or notice of violation shall be given the opportunity to testify and present evidence concerning the administrative citation or notice of violation. The responsible person may represent themselves or be represented by any person of their choice.

D. The administrative citation or notice of violation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

E. The hearing officer may continue the hearing and request additional information from the enforcement officer and/or the responsible person. The hearing officer may also continue the hearing to conduct an inspection of the building and/or property that is the subject of the administrative citation or notice of violation.

F. The hearing officer may inspect the building and/or property that is the subject of the administrative citation or notice of violation before or during the hearing provided that the responsible person consents to the inspection, is given notice of the date and time of the inspection and is permitted to be present during the inspection. The hearing officer shall state for the record during the hearing the material facts observed and conclusions drawn from the inspection and the responsible person shall be afforded an opportunity to rebut or explain the matters so stated by the hearing officer. If the building, structure and/or property can be inspected from areas in which the general public has access, or with permission of other persons authorized to provide access to the building and/or property, then notice to and consent of the responsible person is not required.

G. The failure of the responsible person to appear at the administrative citation or notice of violation hearing shall constitute a forfeiture of the fine and shall be deemed a waiver his or her of any right to an administrative hearing.

(Ord. 1455 N.C.(2d) § 1 (part), 2001: Ord. 1420 N.C.(2d) § 1 (part), 1999.; Ord. No. 1845 N.C. (2d), § 9, 9-22-2020)

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer may issue an oral decision at the conclusion of the hearing, either upholding, reducing, conditionally reducing or canceling the fines stated in the citation or notice of violation or any administrative charges imposed. The hearing officer shall issue a written decision within ten days of the conclusion of the hearing stating the reasons for that decision and the right to judicial review of the decision pursuant to Section 1.15.130. The hearing officer's decision is final.

B. If the hearing officer determines that the administrative citation or notice of violation should be upheld, then the advance fine deposit shall be retained by the city. If an advance fine deposit waiver was issued, the written decision shall require the fine to be paid within thirty days of the date of service of the decision. If the fine is not paid within the time specified, the fine shall be subject to the imposition of an administrative charge as set forth in Section 1.15.070.

C. If the hearing officer determines the administrative citation or notice of violation is not upheld and the advance fine was deposited with the city, then the city shall refund the amount of the deposited fine. If the fine is reduced by the hearing officer, the city shall make a partial refund of the advance fine deposit. Payments to the responsible person pursuant to this section shall be made by the city within 45 days from the date of the hearing officers written decision. Notwithstanding anything to the contrary set forth in this municipal code, the hearing officer may order a reasonable payment plan for any fine in the written decision.

D. The responsible person shall be served with a copy of the hearing officer's written decision by first class mail and certified mail, to the address provided on the request for hearing form by the responsible person requesting the hearing.

(Ord. 1455 N.C. (2d) § 1 (part), 2001: Ord. 1420 N.C.(2d) § 1 (part), 1999.; Ord. No. 1845 N.C. (2d), § 10, 9-22-2020)

The responsible person may seek judicial review of the decision of the hearing officer by filing a petition with a court of competent jurisdiction pursuant to California Code of Civil Procedure § 1094.5 and 1094.6.

(Ord. 1455 N.C.(2d) § 1 (part), 2001: Ord. 1420 N.C.(2d) § 1 (part), 1999.)

In addition to any fines associated with the administrative citation and/or notice of violation, an administrative charge shall be added when such fines are not paid within the time limit specified on the citation and/or notice of violation to recover the administrative costs associated with the collection of the fines. The amount of the administrative charge shall be established by city council resolution based on an analysis of the city's direct and indirect personnel costs, including but not limited to, expenditures for personnel, materials and overhead required to collect unpaid fines.

(Ord. 1455 N.C.(2d) § 1 (part), 2001.; Ord. No. 1845 N.C. (2d), § 11, 9-22-2020)

A. Cumulative Remedies. At its discretion, the city may pursue any and all legal and equitable remedies for the recovery of fines and/or associated administrative charges owed to the city. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total of administrative and abatement charges have been recovered.

B. Liens. The amount of any unpaid fine and/or associated administrative charge may be recovered with a lien or assessment against the property where the violation occurred. The lien shall attach when the director records a lien listing unpaid fines and/or associated administrative charges with the county recorder's office. The lien shall specify the amount of the lien, street address, legal description and assessor's parcel number of the property on which the lien is imposed, and the name and address of the property owner. In the event that the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified above shall be recorded by the director. The lien may be foreclosed by an action brought by the city for a money judgment.

C. Special Assessments. The director may initiate proceedings to make unpaid fines and/or administrative charges a special assessment against the property where the violation occurred. A report of unpaid fines and/or administrative charges shall be transmitted to the hearing officer. Upon receipt of the report, the hearing officer shall fix a schedule for hearing the report and any protests or objections thereto and to confirm the amount of unpaid fines and/or associated charges contained in the report as follows:

1. The director shall send notice of the hearing to the responsible person liable to be assessed by first class mail and certified mail, return receipt requested, at least fifteen days prior to the date of the hearing. The notice shall be mailed to the responsible person's address shown on the last Solano County equalized property tax assessment roll or to any other address known for the responsible person. The effective date of the notice is the date of the first class mailing. The notice shall set the date and time by which objections or protests shall be filed with the director. No objection or protest received after that date shall be considered by the hearing officer.

2. At the time fixed for consideration of the report, the hearing officer shall hear it together with any objections or protests of the responsible persons liable to be assessed. The hearing officer shall limit the scope of review to the director's report detailing the unpaid fines and/or administrative charges together with any objections to its accuracy. The hearing officer shall not consider evidence regarding the merit of any previous administrative hearings or the validity of the underlying citation. The hearing officer may modify the report as he or she may deem just. After hearing all objections and making any modifications to the report, the hearing officer shall confirm the report. The director shall notify any responsible person making an objection or protest of the hearing officer's decision regarding his or her objection within ten days of the date of the hearing. The decision of the hearing officer is final.

3. Upon confirmation of the report by the hearing officer, the unpaid fines and/or administrative charges shall constitute a special assessment against the property where the violation occurred. The director shall file a certified copy of the confirmed report with the Solano County auditor/controller's office and the amount of the special assessment shall be entered on the assessment roll against the parcels listed in the report. Thereafter, such assessments may be collected at the same time and in the same manner as ordinary secured property taxes are collected and shall be subject to the same penalties and same procedures of sale as provided for delinquent ordinary secured property taxes. The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except for those for state, county and municipal taxes which there shall be parity. All laws applicable to the levy, collection and enforcement of secured property taxes shall be applicable to such special assessments.

(Ord. 1455 N.C.(2d) § 1 (part), 2001: Ord. 1420 N.C.(2d) § 1 (part), 1999.)

Fines and administrative charges collected pursuant to this chapter shall be deposited in the city's general fund to support city enforcement efforts.

(Ord. 1455 N.C.(2d) § 1 (part), 2001: Ord. 1420 N.C.(2d) § 1 (part), 1999.)