Williams Municipal Code Art. VI Administrative Citations

Footnotes:

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Editor's note— Ord. No. 199-13, § 8(exh. C), adopted Feb. 20, 2013, amended Art. VI in its entirety to read as herein set out. Former Art. VI, §§ 8.16.460—8.16.580, pertained to similar subject matter and derived from: Ord. 151-06 § 1(part), 2006; and Ord. 153-06 § 1(part), 2006.

This article shall be known as the "administrative citations ordinance." It is adopted pursuant to Government Code Section 53069.4, authorizing local agencies, by ordinance, to make violation of any ordinance of the city subject to administrative fine or penalty.

(Ord. No. 199-13, § 8(exh. C), 2-20-2013)

Administrative citations shall be in addition to all other remedies, whether criminal, civil or equitable, which may be pursued by the city to address any violation of this Code.

(Ord. No. 199-13, § 8(exh. C), 2-20-2013)

A. "Administrative citation" shall mean the written notice provided to a responsible person to inform that person of a violation of this Code, its adopted codes or applicable state codes.

B. "Enforcement officer" shall mean any officer or employee, including his or her designee, with the authority to enforce this Code, its adopted codes or applicable state codes.

C. "Hearing officer" shall mean the hearing officer appointed by the city council. The hearing officer may be a city employee, but in that event the hearing officer shall not have had any responsibility for the investigation, prosecution or enforcement of this chapter and shall not have had any personal involvement in the proceeding to be heard within the past twelve months or possess any disqualifying interest in the outcome of the proceeding.

D. "Non-emergency health or safety violation" shall mean a violation of any building, plumbing, electrical or other similar structural or zoning ordinance which does not create an immediate danger to health or safety.

E. "Responsible person" shall mean either of the following:

1. Any individual or legal entity who is the owner, tenant, co-tenant, lessee, sub-lessee, occupant or other person with any right to possession of the 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 eighteen years, who causes, permits or maintains a violation of this Code, its adopted codes or applicable state codes.

2. Any individual, legal entity or the parent or the legal guardian of any person under the age of eighteen years, who causes, permits or maintains a violation of this Code, its adopted codes or applicable state codes.

(Ord. No. 199-13, § 8(exh. C), 2-20-2013)

A. Whenever an enforcement officer charged with the enforcement of a provision of this Code (including those uniform codes adopted herein by reference) determines that a violation of that provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to the person or entity responsible for the violation.

B. Each administrative citation shall contain the following information:

1. The date of the violation;

2. The address or a definite description of the location where the violation occurred;

3. The code section violated and a description of the violation;

4. The amount of the fine for the code violation and an order to the responsible person to correct the violation(s) by a correction date if the violation is a non-emergency health and safety violation;

5. A description of the fine payment process, including a description of the time within which and the place to which the fine must be paid;

6. An order prohibiting the continuation or repeated occurrence of the ordinance violation described in the administrative citation;

7. 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 may be obtained;

8. The name and signature of the citing enforcement officer and the date the administrative citation is issued;

9. A description of the deposit waiver process, including the time within which a request for deposit waiver may be made and the place from which a request for hearing form may be obtained.

(Ord. No. 199-13, § 8(exh. C), 2-20-2013)

An administrative citation for a violation related to real property shall be on a form approved by the city administrator and shall be issued to the responsible person by an enforcement officer for violations of this Code, its adopted codes or applicable state codes in the following manner:

A. Personal service. The enforcement officer shall attempt to locate and personally serve the responsible person and, if possible, obtain the signature of the responsible person on the administrative citation. If the served responsible person 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.

B. Service of citation by mail.

1. 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 return receipt requested. Simultaneously, the administrative citation may be sent by first class mail.

2. Service by mail shall be sent to the responsible person's address as shown on public records or as known to the city. If the administrative citation is sent by certified mail and returned unsigned, then service shall be deemed effective by first class mail, provided the administrative citation sent by the first class mail is not returned.

3. Service of the administrative citation shall be deemed effective three days following deposit of such citation in the U.S. mail.

C. Service of citation by posting notice.

1. If the enforcement officer does not succeed in serving the responsible person personally or by certified or first class mail, the enforcement officer shall post the administrative citation in a conspicuous location on any real property within the city in which the city has knowledge that the responsible person has a legal interest.

2. Posting of the administrative citation shall be deemed effective service as of the date that the citation is actually posted.

(Ord. No. 199-13, § 8(exh. C), 2-20-2013)

An administrative citation for a nonreal property related violation shall be on a form approved by the city administrator and shall be issued to the responsible person by an enforcement officer for violations of this Code, its adopted codes or applicable state codes in the following manner:

A. Personal service. The enforcement officer shall attempt to locate and personally serve the responsible person and, if possible, obtain the signature of the responsible person on the administrative citation. If the served responsible person 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.

B. Service of citation by posting notice.

1. If the enforcement officer does not succeed in serving the responsible person personally, the enforcement officer shall post the administrative citation in a conspicuous location on any personal or real property within the city in which the city has knowledge that the responsible person has a legal interest.

2. Posting of the administrative citation shall be deemed effective service as of the date that the citation is actually posted.

C. Service of citation by mail.

1. If the enforcement officer does not succeed in serving the responsible person personally, the administrative citation may be mailed to the responsible person by certified mail, postage prepaid with a return receipt requested. Simultaneously, the administrative citation may be sent by first class mail. Service by mail as set forth in this subsection shall be an alterative to service as set forth in Subsection B.

2. Service by mail shall be sent to the responsible person's address as shown on public records or as known to the city. If the administrative citation is sent by certified mail and returned unsigned, then service shall be deemed effective by first class mail, provided the administrative citation sent by the first class mail is not returned.

3. Service of the administrative citation shall be deemed effective three days following deposit of such citation in the U.S. mail.

(Ord. No. 199-13, § 8(exh. C), 2-20-2013)

A. The amounts of the fines for each code violation, other than those fines specifically set forth in this Code, shall be as set forth in a schedule of fines established by resolution of the city council.

B. The schedule of fines may specify any increased fines for repeat violations of the same code provision by the same person within twelve months from the date of a prior administrative citation.

C. The schedule of fines shall specify the amount of any late payment charge imposed for the payment of a fine after its due date.

(Ord. No. 199-13, § 8(exh. C), 2-20-2013)

A. Upon receipt of an administrative citation, the responsible person shall do the following:

1. Remedy the violation(s) if the violation(s) is of such a nature that it can be remedied. If a non-emergency health or safety violation(s) is corrected before the correction date provided on the administrative citation, no fine shall be imposed.

2. Pay the fine to the city within twenty-one calendar days from the correction date on the administrative citation. 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.

B. If the responsible person fails to correct the violation(s) set forth in the administrative citation, subsequent administrative citations may be issued for the same violation(s).

C. Any administrative citation fine paid pursuant to Subsection A of this section shall be refunded in accordance with Subsection 8.16.540(D) of this chapter if it is determined, after a hearing, that the person charged in the administrative citation either was not responsible for the violation or that there was no violation as charged in the administrative citation.

(Ord. No. 199-13, § 8(exh. C), 2-20-2013)

A. Any recipient of an administrative citation may contest either or both that there was a violation as stated in the administrative citation, or that he or she is the responsible party, by completing a request for hearing form and returning it to the city clerk within twenty-one days from the date of the administrative citation, unless a different time period is otherwise prescribed by law or this Code, together with either an advance deposit of the fine or an approved request for a deposit waiver.

B. A request for hearing form may be obtained from the city clerk.

C. The person requesting the hearing shall be notified by the city clerk of the time and place set for the hearing at least ten days prior to the date of the hearing.

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 on the person requesting the hearing at least five days prior to the date of the hearing.

(Ord. No. 199-13, § 8(exh. C), 2-20-2013)

A. Any person who requests a hearing who is financially unable to make the advance deposit of the fine as required in Subsection 8.16.510(A) of this chapter may file a request for deposit waiver.

B. The request shall be filed with the city finance officer, or his or her designee, within ten days of the date of the administrative citation on a deposit waiver application form, available from the city clerk. The city finance officer, or his or her designee, shall either issue or decline to issue the deposit waiver within two business days.

C. The city finance officer, or his or her designee, shall issue the deposit waiver if the cited party submits to the city finance officer, or his or her designee, a sworn affidavit, or declaration under penalty of perjury, together with any supporting documents or materials, demonstrating to the satisfaction of the city finance officer, or his or her designee, the person's actual financial inability to deposit with the city the full amount of the fine in advance of the hearing.

D. The city finance officer, or his or her designee, shall issue a written determination listing the reasons for his or her determination to issue or not issue the deposit waiver. The written determination of the city finance officer, or his or her designee, shall be final, and shall be served upon the person who applied for the deposit waiver, the enforcement officer and the city clerk.

(Ord. No. 199-13, § 8(exh. C), 2-20-2013)

A. No hearing to contest an administrative citation shall be held unless the fine has been deposited in advance in accordance with Subsection 8.16.510(A) of this chapter or a deposit waiver has been issued in accordance with Section 8.16.520 of this chapter.

B. The hearing shall be set by the city clerk for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this chapter.

C. 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. The hearing officer shall ensure an adequate record of the hearing is made.

D. The city shall bear the burden of proof, by a preponderance of the evidence, that the violation occurred as charged and that the person to whom an administrative citation was issued is responsible for the violation. The city may be represented by the enforcement officer or be represented by counsel.

E. The recipient of the administrative citation may cross examine the enforcement officer or any other witness against him or her, and may present such evidence as he or she may have. The recipient of the administrative citation may be represented by counsel.

F. The formal rules of evidence shall not apply. The hearing officer may rely upon such evidence as he or she believes reasonable persons would rely upon in the conduct of their affairs. Any witnesses, including the enforcement officer and the recipient of the administrative citation, shall testify under oath.

G. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained on those documents.

(Ord. No. 199-13, § 8(exh. C), 2-20-2013)

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 reasons for that decision. The decision of the hearing officer shall be final.

B. If the hearing officer determines that the administrative citations 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 upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fine.

D. If the hearing officer determines that the administrative citation should be canceled or reduced and the fine was deposited with the city, then the city shall promptly refund the amount of the deposited fine or excess, as the case may be, together with interest at the average rate earned on the city's investment portfolio for the period of time that the fine amount was held by the city.

E. The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision.

(Ord. No. 199-13, § 8(exh. C), 2-20-2013)

Any person who fails to pay any fine imposed pursuant to the provisions of this article on or before the date that fine is due also shall be liable for the payment of a late payment penalty in the amount of ten percent of the fine. Thereafter, the amount of the fine, and the penalty, shall accrue interest at ten percent per annum until paid.

(Ord. No. 199-13, § 8(exh. C), 2-20-2013)

The city may collect any past due administrative citation fine or late payment penalty and interest by use of all available legal means. Without limiting the generality of the foregoing, all such fines or late payments shall constitute civil debts and may be recovered in an action at law, or, where the violation relates to or occurred upon real property owned by the person to whom an administrative citation was issued, a lien may be filed by the city against such real property.

(Ord. No. 199-13, § 8(exh. C), 2-20-2013)

A. The failure of the party contesting the administrative citation to appear at the administrative citation hearing shall result in a forfeiture of the fine and shall constitute a failure to exhaust administrative remedies.

B. Subject to the provisions of Subsection A of this chapter, any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing an appeal in a court of competent jurisdiction within twenty days after service of the decision in accordance with the provisions of California Government Code Section 53069.4(b)(2).

(Ord. No. 199-13, § 8(exh. C), 2-20-2013)

A. The administrative citation and all notices required to be given by this article shall be served on the responsible party as follows:

1. The citation and any notices may be served upon the responsible party in person by either the enforcement officer, the city clerk or any police officer of the city; or

2. The citation and notices may be served by depositing same in the United States Postal Service mail, first class mail, postage prepaid, at Williams, California, and addressed to party to be cited at the address of that party known to the enforcement officer or the city clerk, or, if that address is not known, as that address appears on the last equalized assessment roll of county if the party to be served with the citation or notice is the owner of real property within the city and that real property is the situs of the ordinance violation charged in the citation.

B. Failure to receive any notice in this article does not affect the validity of proceedings conducted hereunder.

(Ord. No. 199-13, § 8(exh. C), 2-20-2013)