Wasco Municipal Code Ch. 1.20 Administrative Citations

Sections: 1.20.010 Purpose and intent. 1.20.020 Definitions. 1.20.030 General citation authority and applicability. 1.20.040 Notice of violation. 1.20.050 Service procedures. 1.20.060 Administrative citation procedure. 1.20.070 Assessment of administrative citation fine. 1.20.080 Satisfaction of administrative citation. 1.20.090 Collection of unpaid fines and penalties. 1.20.100 Appeal. 1.20.110 Right to judicial review.

The enforcement of the city’s municipal code is vital to the protection of the public’s health, safety and quality of life. Under Government Code Section 53069.4, the city is authorized to adopt an administrative citation program, which program offers an alternative method of enforcing code violations. The purpose of issuing administrative citations pursuant to this chapter is to encourage compliance with the provisions of this code and to provide a method of holding persons responsible when they fail or refuse to comply with the provisions of this code. The use of this chapter is also intended to minimize the expense and delay associated with pursuing code violations through the civil or criminal justice system. (Ord. 568 §1, 2008).

For the purposes of this chapter, the following definitions apply to these words and phrases:

"Administrative citation" or "citation" means a written notice to a responsible person that a violation of this code has occurred and an assessment of a civil fine issued by a code enforcement officer.

"City manager" and "hearing officer" mean the city manager of the city of Wasco or the manager’s designee.

"Code enforcement officer" means any person authorized to enforce certain provisions of this code.

"Continuing violation" means either (1) a particular violation of the code continuing for more than thirty days without correction or abatement, or (2) a repeated, consecutive violation of the same offense without intervening days.

"Legal interest" means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic’s lien or other similar instrument, which is recorded with the county recorder.

"Notice of violation" means a written notice to a responsible person that a violation of this code has occurred and a warning that an administrative citation assessing fines will be issued unless the violation is ceased and abated.

"Responsible person" means any person or persons that a code enforcement officer determines is responsible for causing or maintaining a violation of this code. The term "responsible person" includes but is not limited to a property owner, tenant, person with a legal interest in real or personal property, or person in possession or control of real or personal property. (Ord. 638 §1, 2014; Ord. 568 §1, 2008).

A. This chapter authorizes use of administrative citations that are in addition to all other legal remedies, criminal or civil, that the city may pursue to address any violation of this code.

B. The use of this chapter is at the sole discretion of the city manager, city attorney, and the city’s code enforcement officers.

C. Any code enforcement officer, upon determining that a provision of this code which such officer is charged to enforce has been violated, has the authority to issue an administrative citation to any responsible person.

D. Any responsible person violating any provision of this code, or causing, permitting or maintaining a violation of any provision of this code may be issued an administrative citation by a code enforcement officer.

E. Each and every thirty days a violation of this code exists constitutes a separate and distinct offense and will be subject to a separate fine. A single citation may charge for the violation of one or more code sections. Continuing violations will automatically accrue fines beginning on the date the citation is issued until verification of abatement pursuant to Section 1.20.080(C).

F. The owner of any property, building or structure within the city has the responsibility for keeping such property, building or structure free of violations related to its use or condition. The owner of such property, building or structure is a responsible person and is separately liable for violations committed by tenants or occupants relative to the use or condition of the property. (Ord. 568 §1, 2008).

A. Whenever a code enforcement officer determines that a violation of this code exists, the code enforcement officer shall issue a notice of violation to a responsible person. The notice of violation serves as a written warning of responsibility and requires immediate action by the responsible person to cease and abate the violation. The notice of violation shall include the information set forth in Sections 1.20.060(B)(1) through (B)(5) and a date by which the violation can reasonably be ceased and abated. If the violation has not ceased or abated by the date described in the notice of violation, the code enforcement officer may issue an administrative citation.

B. Any responsible person receiving notice for a continuing violation may petition the city manager for an extension of time to correct the violation so long as the petition is received before the end of the correction period. The city manager may grant an extension of time to correct the violation if the responsible person has supplied sufficient evidence showing that the correction cannot reasonably be made within the stated period or has demonstrated that substantial progress has been made towards abating the violation.

C. The requirement of a reasonable opportunity to cure a violation does not apply in instances where in the discretion of the city manager, a code violation poses an immediate danger to the public health or safety. (Ord. 638 §1, 2014; Ord. 568 §1, 2008).

A. Except as otherwise provided in this chapter, whenever notice is required to be given under this chapter, it must be given in one of the following ways:

1. Personal service;

2. Certified mail, postage prepaid, return receipt requested. Concurrently, the same notice should be sent by
regular mail. If a notice that is sent by certified mail is returned unsigned, then service will be deemed
effective by regular mail, provided that notice is not returned. Service by mail will be effective on the date of
mailing;

3. Posting the notice conspicuously on or in front of the affected property or any other real property within
the city in which the city has knowledge that the responsible person has a legal interest.

B. The failure of any interested person to receive any notice served in accordance with this section will not affect the validity of any proceedings taken under this chapter.

C. The notice procedures in this section do not apply to an initial notice of violation, which may be sent by regular mail or personally served. Service of a notice of violation by mail is effective on the date of mailing. (Ord. 568 §1, 2008).

A. Upon determining that a violation of this code exists, a code enforcement officer may issue an administrative citation to any responsible person.

B. Administrative citations will be issued on a form approved by the city attorney, and at a minimum will contain the following information:

1. Date, approximate time, and address or definite description of the location where the violation was
observed;

2. The code sections or conditions violated and a description of the violation;

3. A description of the actions necessary to correct the violation;

4. The amount of the fine for the violation;

5. An explanation of how the fine must be paid and the time period by which it must be paid;

6. 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;

7. The name and signature of the enforcement officer and if possible the signature of the responsible
person;

8. Notice that the violation is a nuisance and that collection of unpaid fines and costs can be enforced as a
lien against the property where the violation occurs and that an unpaid lien can result in the property being
involuntarily sold. (Ord. 638 §1, 2014; Ord. 568 §1, 2008).

A. The amount of the fine will be assessed according to a schedule of fines adopted by the city council. The schedule may include escalating fine amounts for repeat violations occurring within specified periods of time, and fines may vary depending on the particular code provision violated.

B. Where no amount is specified by resolution of the city council, the following fines will apply:

1. A fine not exceeding two hundred dollars every thirty days for a first violation;

2. A fine not exceeding three hundred dollars every thirty days for a second violation of the same code provision or permit within one year from the date of the first violation;

3. A fine not exceeding five hundred dollars every thirty days for each additional violation of the same code provision or permit within one year from the date of the first violation.

C. A penalty of ten percent will be added on any delinquent fines on the last day of each month after the due date.

D. In addition to the late penalty provided by this section, delinquent fines will accrue interest at the rate of one percent per month, exclusive of penalties, from the due date. (Ord. 638 §1, 2014; Ord. 568 §1, 2008).

A. Upon receipt of a citation, the responsible person must do the following:

1. Pay the fine within twenty days from the date of the administrative citation. All fines assessed are payable to
the city. Payment of a fine does not excuse or discharge the failure to correct the violation nor will it bar
further enforcement action by the city.

2. Cease and abate the violation. If the offense is a continuing violation and the responsible person fails to
properly cease and abate the violation, fines will accrue until the abatement is properly verified. Additionally,
subsequent administrative citations may be issued for the same violation. The amount of the fine for failure
to correct the violation will increase at the rate specified in this chapter or as established by city council
resolution.

B. At any time following thirty days after the issuance of the citation, the city may deliver a collection bill to the responsible person requiring payment for all outstanding amounts owed for the violation, including the amount due for the initial violation and any accrual of fines from the date the citation was issued to the date the abatement of the offense is properly verified (if applicable) plus any appropriate late payment charge, less any amount remitted pursuant to subsection A of this section.

C. The abatement of a continuing violation must be verified by a code enforcement officer. The responsible person must contact the phone number designated on the citation and schedule an inspection by a code enforcement officer. Fines will accrue until the abatement is verified, less any days delayed by action of the city in scheduling such inspection. (Ord. 638 §1, 2014; Ord. 568 §1, 2008).

A. The failure of any person to pay a fine or 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, lien the subject property as set forth below, or pursue any other legal remedy to collect such debt. A person who fails to pay any fine or other charge owed to the city under this chapter is liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorneys’ fees. Such collection costs are in addition to any fines, interest, and late charges.

B. In addition to any other legal remedy, the city may place a lien on property that is the subject of a citation if the citation has been issued to the property owner. The following procedure will apply:

1. The city’s finance director may initiate proceedings to record a lien against the subject property.

2. Before recording the lien, the finance director shall submit a report to the city clerk stating the amounts
due and owing. The report may include a fee, for the administrative costs associated with the preparation and
recordation of the lien.

3. The city clerk shall fix a time, date, and place for a hearing before the city manager to consider the report
and any protests or objections to it.

4. The city clerk must serve the property owner with a hearing notice not less than ten days before the
hearing date. The notice must set forth the amount of the delinquent administrative fine, and any penalties
and interest that is due. Notice must be delivered first class mail, postage prepaid, addressed to the property
owner’s address as it appears on the last equalized assessment roll or supplemental roll of Kern County,
whichever is more current. Service by mail is effective on the date of mailing and failure of property owner to
actually receive notice does not affect its validity.

5. At the conclusion of the hearing, the city manager may adopt a report confirming, discharging, or
modifying the lien amount.

6. Following the adoption of the report imposing a lien, the city clerk shall cause the lien to be filed in the
county recorder’s office.

7. After confirmation and recordation, the city shall present a copy of the lien to the county tax collector to add the amount of the lien to the next regular property tax bills levied against the parcel for municipal purposes. This amount will be collected at the same time and in the same manner as ordinary property taxes are collected, and will be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes. Or, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.

   8. Once the city receives full payment for outstanding principal, penalties, and costs related to a lien, the city clerk will cause to be recorded a notice of satisfaction or provide the property owner with a notice of satisfaction for recordation at the county recorder’s office. This notice of satisfaction will cancel the city’s lien. (Ord. 568 §1, 2008).

Any person issued an administrative citation may contest the contents of the administrative citation by filing an appeal. The action of the officer writing the citation shall be final unless appealed to the city manager by the applicant within ten days after service of the administrative citation. Any appeal to the city manager shall set forth fully the grounds upon which the appeal is based and shall be in writing. The city manager will make a determination as to the validity of the citation after examining the writings submitted by the official who issued the citation and the individual or entity being cited. The written decision of the city manager will be given to the individual or entity being cited within thirty days of his or her receipt of the writings from both sides. (Ord. 638 §1, 2014; Ord. 568 §1, 2008).

Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Kern County Superior Court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. (Ord. 638 §1, 2014; Ord. 568 §1, 2008. Formerly 1.20.130).

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

Disclaimer: The city clerk’s office has the official version of the Wasco Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: www.cityofwasco.org

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