Victorville Municipal Code Ch. 1.05 Administrative Remedies

(a) This chapter shall be cited as the "Administrative Remedies Ordinance."

(b) The city council finds there is a need for an alternative method of enforcement for violations of this code. The city council finds an appropriate method of enforcement is through an administrative citation process.

(c) 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 this code.

(Ord. 1908 § A (part), 1999)

Any person violating provisions of this code may be issued an administrative citation by an enforcement officer as provided in Sections 1.05.050 through 1.05.070 of this code.

(Ord. 1908 § A (part), 1999)

(Ord. No. 2303, § 1, 12-3-2013)

The city manager or his representative, code enforcement officers and animal control officers shall diligently enforce the provisions of this chapter.

(Ord. 1908 § A (part), 1999)

Whenever used in this chapter, the following definitions shall apply:

"City" means the city of Victorville.

"Code" means the Victorville Municipal Code, or a law, rule, regulation or code which is adopted by reference.

"Enforcement officer" means any person authorized to enforce violations of this code.

"Hearing officer" means any person appointed by the city manager to preside over the administrative hearings provided for in Section 1.05.090 of this code.

"Party" means any natural person, firm, association, business, trust, organization, corporation, partnership, company, or any other entity which is recognized by law as the subject of rights or duties.

"Penalty" shall include "civil penalty" and shall mean the amount assessed for violation of this code pursuant to the administrative citation.

"Person" means any natural person, firm, association, business, trust, organization, corporation, partnership, company, or any other entity which is recognized by laws as the subject of rights or duties.

"Respondent" means any person or entity who is the registered owner, property owner, legal owner, driver, operator, tenant, lessee, or is otherwise liable for penalties in accordance with the applicable section of this code, and who contests or disputes liability for civil penalties.

(Ord. 1908 § A (part), 1999)

(a) Any person violating any provision of this code may be issued an administrative citation by an enforcement officer as provided in this chapter.

(b) Each and every day a violation of any provision of this code exists constitutes a separate and distinct violation. Each section of this code which is violated constitutes a separate violation for any day at issue.

(c) A civil penalty for violations of any provision set forth in this code may be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the city.

(d) Civil penalties assessed by means of an administrative citation shall be due and payable thirty days from the date of the citation and will be collected in accordance with the procedures specified in this chapter.

(Ord. 1908 § A (part), 1999)

(a) Upon discovering or observing any violation of this code for which a civil penalty has been prescribed, the enforcement officer may issue an administrative citation to the violator or property owner in the manner prescribed in Section 1.05.070 of this code. The administrative citation shall be issued on a form prescribed by the city manager.

(b) Any party responsible for a violation of this code shall be provided a notice of violation prior to the issuance of an administrative citation unless extenuating circumstances warrant otherwise. The notice of violation shall specify the action required to correct or otherwise remedy the violation(s). Not less than twenty-four hours shall be allowed from the date of the notice of violation for the party to correct or otherwise remedy the violation. The enforcement officer shall assign a specific reasonable period within which to correct or otherwise remedy each violation.

(c) Failure to comply with any portion of a notice of violation may result in the issuance of an administrative citation.

(d) An administrative citation may be issued immediately, without prior issuance of a notice of violation, when a violation of this code creates an immediate danger to health or safety.

(e) The enforcement officer shall identify the responsible party. A responsible party shall be deemed to be the business or property owner or the person who is in immediate control of the premises or activity which constitutes a violation of this code.

(f) Once the party responsible for the violation is identified, the enforcement officer may issue an administrative citation to that person or entity.

(Ord. 1908 § A (part), 1999)

(Ord. No. 2266, 1-18-2011; Ord. No. 2402, 12-17-2019)

(a) Service of an administrative citation may be accomplished as follows:

(1) Personal Service. The enforcement officer may obtain the signature of the responsible party to establish personal service of the citation. If the responsible party refuses or otherwise fails to sign the administrative citation, the lack of signature shall in no way affect the validity of the citation or the proceedings.

(2) The enforcement officer may post the citation by affixing the citation to a surface in a conspicuous place on the property. Conspicuous posting of the citation is not required when personal service is accomplished or when conspicuous posting poses a hardship or is excessively expensive. Failure of a posted citation to remain in place after posting shall in no way affect the validity of the citation or the proceedings.

(3) The enforcement officer may serve the citation by first class mail as follows:

(A) The administrative citation shall be mailed to the responsible party or property owner(s) by first class mail, postage prepaid, with a declaration of service under penalty of perjury. This method of service must be made by a person who is over the age of eighteen and not a party to the action.

(B) A declaration of service shall be made by the person mailing the administrative citation showing the date and manner of service by mail and reciting the name and address of the citation addressee.

(C) The failure of any responsible party to receive a properly addressed citation shall not affect the validity of the notice.

(D) Service of the administrative citation in the manner described above shall be effective on the date of mailing.

(Ord. 1908 § A (part), 1999)

The administrative citation shall include all of the following:

(a) A brief description of the violation;

(b) Date and location of the violation(s) and the approximate time the violation(s) was observed;

(c) Code section(s) violated;

(d) Description of corrective action required;

(e) A statement explaining that each day constitutes a new violation;

(f) The amount of civil penalty imposed for the violation(s);

(g) A statement advising that the fine shall be paid to the city within thirty days from the date on the administrative citation, procedure for payment, and the consequences of failure to pay; and

(h) A statement describing the responsible party's rights of appeal.

(Ord. 1908 § A (part), 1999)

(a) Persons receiving an administrative citation may appeal it within ten calendar days from the date the citation is served. The appeal must be in writing and must indicate a return address. It must be accompanied by the penalty amount, specifying the basis for the appeal in detail, and must be filed with the city as indicated on the administrative citation. If the deadline falls any day City Hall is closed, then the deadline shall be extended until the next regular business day.

(b) As soon as practicable after receiving the written notice of appeal, the city agency shall fix a date, time, and place for hearing before a hearing officer. Written notice of the time and place for the hearing may be served by first class mail at the return address indicated on the written appeal. Service of the appeal notice must be made to the party appealing the citation at least ten days prior to the date of the hearing.

(c) The failure of any person with an interest in the property, or other responsible party, to receive such properly addressed notice of the hearing shall not affect the validity of any proceedings under this chapter. Service by first class mail, postage prepaid, shall be effective on the date of mailing.

(d) Failure of any person to file an appeal in accordance with the provisions of the section shall constitute a waiver of that person's rights to administrative determination of the merits of the citation and the amount of the penalty. If no appeal is filed, the citation shall be deemed a final administrative order.

(e) A hearing officer shall be designated by the city manager for all appeal hearings under this chapter. The respondent may request the city manager excuse a hearing officer for reasons of actual prejudice against the party's cause. The hearing officer shall conduct an orderly fair hearing and accept evidence on which persons would commonly rely in the conduct of their ordinary business affairs as follows:

(1) A valid citation shall be prima facie evidence of the violation;

(2) The hearing officer shall accept testimony by declaration under penalty of perjury relating to the violation and the appropriate means of correcting the violation;

(3) The owner, agent, person responsible for the violation, or any other interested person may present testimony or evidence concerning the violation and the means and time frame for correction.

(f) The city manager shall establish all appropriate administrative regulations for implementing this chapter, conducting hearings and rendering decisions pursuant to this section.

(g) The hearing officer may reduce, waive or conditionally reduce the penalties stated in a citation or any late fees assessed if mitigating circumstances are shown and the hearing officer states specific grounds for reduction or waiver in the written decision. The hearing officer may impose conditions and deadlines for correction of violations or payment of outstanding penalties.

(h) The hearing officer shall make findings based on the record of the hearing and make a written decision based on the findings. The processing agency shall preserve all exhibits submitted by the parties and shall serve the decision by first class mail on the respondent within ten working days after the hearing. The decision of the hearing officer dismissing the citation is final and conclusive. The decision of the hearing officer affirming the citation is final and conclusive, subject only to review by the municipal court. There are no appeals to the city council.

(Ord. 1908 § A (part), 1999)

(Ord. No. 2303, § 1, 12-3-2013)

After receipt of the hearing officer's decision, the respondent may file de novo review pursuant to Code of Civil Procedure Section 1094.6.

(Ord. 1908 § A (part), 1999)

(a) The penalty amount shall be assessed at a rate as stipulated in Section 1.04.010 of this code.

(b) If the violator or property owner fails to correct the violation, subsequent administrative citations may be issued for the same violation(s).

(c) Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.

(d) All penalties assessed shall be payable to the city.

(e) The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation pursuant to Section 1.05.080(g) shall result in the assessment of an additional late fee. The amount of the late fee shall be one hundred percent of the total amount of the administrative penalty owed.

(f) The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city. To enforce that debt, the city may file a civil action, impose a special assessment as set forth below, or pursue any other legal remedy to collect such money.

(g) The city may impose a special assessment against the property that is the subject of a citation if the citation has been issued to the property owner through the enforcement of a notice of pendency or by way of a tax lien filed on the property in accordance with Section 6.36.085 of this code.

(Ord. 1908 § A (part), 1999)

(Ord. No. 2303, § 1, 12-3-2013)

Penalties collected in the manner described in this section shall be deposited in the general fund of the city.

(Ord. 1908 § A (part), 1999)

Any administrative citation pursuant to the section shall not prejudice or adversely affect any other action, civil or criminal, that may be brought to abate the public nuisance or violation or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other process regarding the same public nuisance or violation.

(Ord. 1908 § A (part), 1999)