Windsor Municipal Code Art. 3 Administrative Citations

Any violation of this Code may be redressed with an administrative citation through the proceedings set forth under this article. It is the intent of this article that an administrative procedure be established as provided under Government Code Section 53069.4, which may be applied to any violation of this Code.

(Ord. No. 2022-359, § 3, 3-2-2022)

As used in this article:

Code means the Town of Windsor Municipal Code, Building Code, Zoning Code, and any Uniform Codes that have been incorporated into this Code by reference.

Enforcement officer means Town of Windsor employee, contractor, or agent of the Town authorized to enforce any provision of this Code or this article.

Fines. For purposes of this article, "fine" or "fines" refers to any fines, fees, or penalties assessed or imposed by the Town or order of the hearing officer under this article, not including administrative costs.

Person means a natural person or legal entity.

Responsible person means a person or person's agent, employee, or independent contractor, including a property owner, property manager, tenant, subtenant, occupant, or any person in possession of property where a property-related code violation occurs, who causes, permits, allows, maintains, contributes, conceals, or aids or abets a code violation to occur. Each responsible party shall be jointly and severally liable for any and all fines, fees, and penalties awarded, upheld, assessed, or imposed under this article.

Town Manager means the Town Manager of the Town of Windsor or his or her designee.

(Ord. No. 2022-359, § 3, 3-2-2022)

Except as otherwise specified in this Code, the fines for administrative violations of this Code shall be as follows:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation.

2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one (1) year.

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one (1) year.

(Ord. No. 2022-359, § 3, 3-2-2022)

Each administrative citation shall contain the following information:

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

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

C. The amount of the fine for the violation(s);

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

E. Explanation of rights of appeal, including the time within which such claimed violation may be contested and the procedure for requesting a hearing to contest the violation;

F. The name and signature of the enforcement officer issuing the citation; and

G. If the violation is one (1) which is continuing, an order to correct the violation and prohibiting the continuation or repeated occurrence of the violation, including an explanation of the consequences for failing to correct the violation as ordered. The explanation of the consequences should state that a separate violation exists for each and every calendar day any violation of any provision of this Code is committed, continued, or permitted.

(Ord. No. 2022-359, § 3, 3-2-2022)

Service of any administrative citations and the notices of correction shall be made as follows:

A. Personal Service. 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. 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.

B. Service of Citation by Mail. If the enforcement officer does not succeed in personally serving 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 shall 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. The location of the responsible person outside of the Town of Windsor shall be sufficient grounds for service of citation by mail without first attempting personal service.

(Ord. No. 2022-359, § 3, 3-2-2022)

A. The responsible person must pay the fine to the Town within thirty (30) calendar days from service of the citation. All fines assessed shall be payable to the Town of Windsor in accordance with the payment instructions on the citation.

B. Payment of a fine shall not excuse or discharge a failure to correct continuing violations nor shall it bar further enforcement action by the Town.

(Ord. No. 2022-359, § 3, 3-2-2022)

A. Time to File an Appeal. Any recipient of an administrative citation may contest that there was a violation of this Code or that it continues to exist, or that he or she is the responsible person, by completing a "request for hearing" form and returning it to the Town in accordance with the instructions on the form within fifteen (15) calendar days from the date the administrative citation is served or deemed to have been served, together with an advanced deposit of the total fines due. Such "request for hearing" forms shall be made available at no charge at Town Hall, the Town website, and/or through the Town's designated agent. A failure to file a timely "request for hearing" form shall be deemed a waiver of the right to appeal the citation and to seek judicial review. The requirement that the fine be deposited in advance may be waived if an advanced deposit hardship waiver form has been filed and approved in accordance with procedures adopted by the Town Manager.

B. Return of Deposit. Any administrative citation fine which has been deposited shall be refunded, in whole or in part, to the extent it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

C. Hearing Officer. The Town Manager shall be authorized to assign a hearing officer to any person or persons, qualified by training or experience, whom the Town Manager may appoint or who are retained by contract to conduct such hearings. The hearing officer may, but is not required to be, a Town employee.

(Ord. No. 2022-359, § 3, 3-2-2022)

A. No hearing to contest an administrative citation before a hearing officer shall be held unless and until a timely "request for hearing" form has been completed and submitted and the fine has been deposited in advance or waived as provided under Section 1-1-370.

B. After receipt of the "request for hearing" and fine deposit, a hearing before the hearing officer shall be set for a date that is not less than fifteen (15) and not more than sixty (60) calendar days from the date that such request is filed in accordance with the provisions of this section. The person requesting the hearing and the Town may agree to a hearing date that is either sooner or later than the time periods required herein for a hearing. Unless advanced notice is otherwise waived by the requesting party, the person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) calendar days prior to the date of the hearing. The failure of any recipient of an administrative citation to appear at the scheduled hearing shall constitute a forfeiture of the fine and be a bar to judicial review of the hearing officer decision based upon a failure to exhaust administrative remedies.

C. The hearing officer shall only consider evidence that is relevant to whether the violation occurred, the severity of the violation, and whether the responsible person has caused or maintained the violation of this Code on the date(s) specified in the administrative citation. Such relevant evidence includes, without limitation, staff reports or presentations, oral, physical, and documentary evidence regarding the alleged violation(s), and proposed method of abatement, if any.

D. The hearing is intended to be informal in nature. Formal rules of evidence and discovery do not apply. The Town Manager may, from time to time, adopt procedures for the format and proceedings of the administrative hearing. The person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation. The Town shall have the burden of proof by preponderance of the evidence to establish that the responsible person committed the violation specified in the administrative citation.

E. Each witness, prior to providing oral testimony, shall be sworn by the hearing officer or his or her designee. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of the party's cause.

F. Upon request which provides reasonable advanced notice to Town, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the issuing officer/employee when issuing the citation, as well as any additional materials provided to the hearing officer for the hearing.

G. On the hearing officer's own discretion or upon request by any party, the hearing officer may continue the hearing and request additional information from any person or witness prior to issuing a written decision. Notice of the continued hearing must be given to each party and shall include the time, date, and place to which the hearing is to be continued.

(Ord. No. 2022-359, § 3, 3-2-2022)

A. After considering all of the testimony and evidence submitted at the hearing or continued hearing, the hearing officer shall issue a written decision setting forth the findings supporting the decision within fifteen (15) calendar days of the hearing, unless the hearing officer determines good cause exist to extend time. The written decision shall include the reasons for the decision.

B. If the hearing officer determines that the administrative citation should be upheld as to a responsible party, then any fine amount on deposit with the Town shall be retained by the Town. The hearing officer shall impose and assess the prescribed fine against each responsible party.

C. In the event of a hardship waiver of the deposit requirement, the order shall also state the date all payments are due and the fine for any late payment for any amount ordered by the hearing officer and that, if the violation continues, the responsible party may be subject to additional fines, penalties, or administrative costs authorized by law. The order shall also state that fines and penalties shall also be collectible as set forth under Section 1-1-270.

D. If the hearing officer determines that the administrative citation should be canceled in whole or in part, then the Town shall promptly refund the corresponding amount of any deposited fine, without interest, to that responsible party.

E. The written decision shall be served upon each party in the manner set forth by Section 1-1-350.

(Ord. No. 2022-359, § 3, 3-2-2022)

Failure of any person to pay the fine assessed by an administrative citation within thirty (30) calendar days or such other time limit set forth in the administrative citation, or by the time determined by the hearing officer as provided in Section 1.28.090, shall constitute a debt owed to the Town and may be enforced as a personal obligation of the responsible party. Administrative fines shall accrue interest from the date due at the same annual rate as any civil judgment in favor of the Town, in accordance with Code of Civil Procedure Section 685.010. In the event a civil action is commenced to collect the administrative fines, the Town shall be entitled to recover all costs associated with the collection of the fines, including, but not limited to, staff time and attorney fees incurred in the collection of the fines and those costs set forth in Code of Civil Procedure Section 1033.5. The Town may take such other actions as are allowed for enforcement of a civil judgment as provided for by applicable law. The remedies set forth in this section are not exclusive, and the Town may collect any past due amounts assessed or ordered by all available legal means, including through the recording of a lien or special assessment as authorized by Section 1-1-270.

(Ord. No. 2022-359, § 3, 3-2-2022)

The decision of the hearing officer shall be deemed the final administrative order of the Town.

Any person who is aggrieved by the decision of the hearing officer under this article may obtain judicial review of such decision by filing an appeal to be heard in the Sonoma County Superior Court in accordance with California Government Code Section 53069.4. If no appeal is filed with the superior court within twenty (20) calendar days after service, then the written decision is hereby deemed confirmed.

(Ord. No. 2022-359, § 3, 3-2-2022)