Woodlake Municipal Code Ch. 1.12 Administrative Fines and Penalties

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Editor's note— Ord. No. 600, §§ 3 and 4 adopted January 11, 2016, repealed former ch. 1.12, §§ 1.12.010 and 1.12.020 and enacted a new ch. 1.12, §§ 1.12.010—1.12.140 as set out herein. Former ch. 1.12 pertained to general penalty and derived from Ord. 520, adopted in 1995, and Ord. No. 583, adopted June 25, 2012.

The city council finds that there is a need for an alternative method to enforce provisions of its ordinances, as amended from time to time. The city council further finds that the assessment of civil fines and penalties through an administrative hearing procedure for code violations in accordance with Government Code Section 53069.4 is a necessary, alternative method of ordinance enforcement.

(Ord. No. 600, § 4, 1-11-2016)

The enforcement remedy of administrative assessment of civil fines and penalties established in this chapter shall be cumulative and in addition to any other applicable statutory, administrative or judicial remedy authorized by any applicable law or ordinance.

(Ord. No. 600, § 4, 1-11-2016)

A. "Enforcement officer" means the code enforcement officer designated by the city manager, including any deputies of the code enforcement officer, and any sworn peace officer employed by the city.

B. "Property owner" means the owner of record of the real property, upon which a violation of a city ordinance exists, as shown on the most recent equalized tax roll, the occupant of that real property, the person in possession of that real property and any other interested person responsible for such property or the violation.

C. "Notice of violation" means the "notice of violation, order to correct and notice of assessment of administrative fines and penalties" or its substantial equivalent, issued by the enforcement officer in compliance with this chapter.

D. "Person" means any natural person, partnership, trust, corporation, limited liability company, association, society, club or other entity but shall not include the city or any of its employees and agents acting within the scope and course of such employment or agency.

(Ord. No. 600, § 4, 1-11-2016)

A. Any person violating any provision of an ordinance enacted by the city, as amended from time to time, shall be subject to the assessment of civil fines and penalties pursuant to the administrative procedures established in this chapter and authorized by Government Code Section 53069.4.

B. Each and every day that a violation of any city ordinance exists shall constitute a separate and distinct violation.

(Ord. No. 600, § 4, 1-11-2016)

A. The enforcement officer shall have the authority and powers necessary to determine whether a violation of a city ordinance exists and the authority to take appropriate action to gain compliance with the provisions of all ordinances enacted by the city. These powers include the power to issue a notice of violation; the power to assess and collect civil fines and penalties as provided in this chapter; and the power to enter and inspect private property within the boundaries of the city pursuant to the consent of the property owner or other person in charge, or a warrant.

B. These inspections may include, but are not limited to, the taking of photographs or video recordings and the taking of samples or other physical evidence. All entries, examinations, inspections and surveys shall be conducted in a reasonable manner. If all property owners, tenants or other responsible persons refuse to consent to the entry or inspection by the enforcement officer, the enforcement officer may seek and obtain an inspection warrant pursuant to Part 3, Title 13 of the Code of Civil Procedure (commencing with Section 1822.50) except that, notwithstanding Section 1822.52 of the Code of Civil Procedure, the warrant shall be issued only upon probable cause.

(Ord. No. 600, § 4, 1-11-2016)

Any person who violates any provisions of any ordinance enacted by the city, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth in this chapter.

(Ord. No. 600, § 4, 1-11-2016)

The enforcement officer may impose as the administrative fine, an amount up to the maximum fine or penalty amounts for infractions set forth in subsection (b) of California Government Code Section 36900, to the extent permitted by law; the enforcement officer may impose the fine if the violation is not abated by the date specified in the notice of violation issued in compliance with Section 1.12.100 of this chapter. If each day the violation exists is deemed a separate violation, the amount of the fine which may be imposed shall be calculated based upon the number of calendar days from the date of transmittal of the notice of violation through the date of abatement.

(Ord. No. 600, § 4, 1-11-2016)

Any administrative fine and penalty shall accrue interest at the same annual rate as any civil judgment. Interest shall accrue commencing on the twentieth (20th) day after the penalty becomes a final decision or order.

(Ord. No. 600, § 4, 1-11-2016)

A. The enforcement officer shall determine the amount of fines or penalties in the first instance. In making the determination, the enforcement officer may take into account the facts and circumstances of the violation, including without limitation the following factors:

1. The length of the time the violations existed;

2. The culpability of the owner and the willfulness of the violation;

3. The number of previous violations of the same or related type committed by the owner within the preceding twelve (12) months;

4. The extent of the violation and the effect of the violation on other residents within the boundaries of the city;

5. Attempts, if any, to comply with the applicable ordinance(s);

6. The time necessary to abate the violation; and

7. Any other information relevant to a determination of the fine.

B. In making a determination of the amount of the fine, the enforcement officer may consider any relevant information including, without limitation, any information submitted by the property owner. In the event that the enforcement officer determines that the violation was not caused by, or with the knowledge of, the present property owner, the enforcement officer may reduce or eliminate the fine. In the event the enforcement officer determines that the correction of the violation is not feasible, and the violation does not impact other residents within the boundaries of the city, the enforcement officer may reduce or eliminate the fine.

(Ord. No. 600, § 4, 1-11-2016)

Upon determining that a violation exist of any ordinance enacted by the city, the enforcement officer may take the following steps:

A. Issue a "notice of violation, order to correct, and notice of assessment of administrative fines and penalties" to the property owner by certified mail or by personal service. The notice of violation shall specify or contain:

1. The name and address of the property owner, and the address and assessor's parcel number ("APN") of the real property where the violation exists;

2. A statement that a determination has been made that a violation of the particular ordinance exists on the identified property and specifying the sections of the ordinance violated and the conditions constituting each and every violation;

3. A specified time period of not less than thirty (30) days from receipt of the notice of violation within which the violation must be abated;

4. A statement advising the property owner that in the event the violation is not abated by the deadline specified in the notice of violation, the property owner shall be subject to administrative fines and penalties under this chapter and specifying the maximum amount of such fines and penalties;

5. A statement that the property owner may submit in writing to the hearing officer any information relating to the determination of the existence of the violation or violations or the amount of the fine to be imposed;

6. A statement of any additional potential consequences that could occur if the violation continues after the expiration of the deadline specified in the notice of violation including, but not limited to, criminal prosecution, civil injunction, administrative abatement, judicial abatement, summary abatement, revocation of permits, recordation of notice of violation, and withholding of future city permits.

7. A statement that the property owner affected by the notice of violation may appear before the hearing officer at the date and time specified in the notice of violation to appeal the findings, determinations and amount of potential fines and penalties set out in the notice of violation.

8. A statement that should the property owner fail to appear at the appeal hearing specified in the notice of violation, the findings, determinations and amounts of administrative fines set out in the notice of violation shall be final.

B. The enforcement officer may, in her/his discretion, record a copy of the notice of violation with the county recorder. In the event of such recordation, and in the event that the notice of violation is subsequently modified, the enforcement officer shall record an amended notice of violation. Correction or abatement of the violation shall not excuse the owner's liability for costs incurred during the administrative abatement process. In the event that the notice of violation is eliminated through the appeal process or because the violations have been corrected within the deadline specified in the notice of violation, the enforcement officer shall record a "notice of withdrawal of notice of violation" or a "notice of satisfaction and compliance with notice of violation," as warranted.

C. If the enforcement officer determines that an effort is being made to correct the violation, he or she may grant an additional period of time for correction of the violation. Unless the notice of violation is appealed as provided in Section 1.12.110 of this chapter, the notice of violation shall constitute the final administrative order or decision of the city and the assessment of administrative fines and penalties shall become a final order or decision within the meaning of Government Code Section 53069.4(b)(1).

D. Notwithstanding subsection A. above, the enforcement officer may require immediate abatement of a violation if the violation creates an imminent danger to the health and safety of other persons or property within the boundaries of the city, including city staff and city property. Such summary abatement must comport with all applicable laws and any requirements enacted in this Code or such other uniform code which has been adopted by the city.

E. When requested, notices should be provided in alternative formats to accommodate accessibility requirements for persons with disabilities.

(Ord. No. 600, § 4, 1-11-2016; Ord. No. 616, § 2, 11-13-2017)

A. The notice of violation shall set an appeal hearing which shall be no sooner than twenty (20) days and no later than forty-five (45) days following the issuance of the notice of violation. Failure of the property owner to timely appear will result the notice of violation and the assessment of administrative fines and penalties to immediately become a final order or decision.

B. During the appeal hearing, the hearing officer shall: review the notice of violation; review any relevant evidence submitted by the property owner; consider the factors set forth in Section 1.12.090 of this chapter; and either uphold, withdraw or modify the notice of violation and the fines and penalties specified in the notice of violation. The hearing officer shall serve a copy of his or her written decision on the property owner. The written decision shall also include or be accompanied by a description of the right to appeal the hearing officer's decision to the city council as provided in Section 1.12.120 of this chapter. Service of the hearing officer's decision shall be complete within five calendar days after the date it was mailed by first-class U.S. mail to the property owner at the address shown on the last equalized tax roll.

C. The decision of the hearing officer shall constitute the administrative order or decision of the city and be final and confirmed within the meaning of Government Code Section 53069.4(c) unless appealed to the city council as set out in Section 1.12.120 of this chapter.

D. When requested, notices of appeal should be provided in alternative formats to accommodate accessibility requirements for persons with disabilities.

(Ord. No. 600, § 4, 1-11-2016; Ord. No. 616, § 2, 11-13-2017)

A. The person who appealed the notice of violation pursuant to Section 1.12.110 of this chapter may appeal the decision of the hearing officer to the city council pursuant to Title 1 of this Code and subject to all of the requirements of this chapter which shall be controlling to the extent of any inconsistency with Chapter 1.13 of Title 1.

B. A notice of appeal must be in writing, must be filed with the city clerk and must state specifically all of the claimed errors, abuses of discretion and other grounds for the appeal. The city council shall consider only the issues raised in the timely notice of appeal as a basis for appeal. The appellant, with approval of the city council, may amend the written notice of appeal to include additional issues, before submission to the city council for decision.

C. At the time of filing the appeal, the appellant must pay a fee in an amount adequate to cover the cost of processing and hearing the appeal, as established from time to time by resolution of the city council. The city shall also recover from the appellant the costs of preparation of any transcript of testimony requested by the appellant.

D. The city clerk shall cause a notice of hearing to be mailed to the appellant by first-class mail specifying the date, time and location where the city council will meet and hear the appeal, which date shall be not less than five calendar days after the date of mailing the notice. The city clerk shall also give a copy of said notice to the responding city officer or employee. Upon receipt of the notice of hearing from the city clerk, the responding city officer or employee shall transmit to the city clerk copies of all documents pertaining to the matter under appeal, a transcript of testimony as the appellant shall specifically request and pay for, and a summary of all of the evidence presented to the responding city officer or employee. The city clerk shall also give such other notices as may be required by law or ordinance.

E. At the time fixed by the city clerk, the city council shall meet to review the appeal. The appellant may appear and be heard on the matter.

F. The notice of violation and the written decision of the hearing officer shall be admitted into evidence. The appellant shall bear the burden of proving that the decision of the hearing officer should be vacated or modified.

G. In reviewing the decision of the hearing officer, the city council shall consider the factors set forth in Section 1.12.090 of this chapter, and shall uphold, repeal or modify the decision of the hearing officer; and the city council shall uphold, eliminate, or modify any fines and penalties assessed by the hearing officer. The written decision shall also include or be accompanied by a description of the appellant's right to appeal the decision as provided in Government Code Section 53069.4 and Section 1.12.130 of this chapter.

H. At the hearing on appeal, the city council shall review the documents pertaining to the matter, offered summaries of the evidence, such transcript of testimony as may be furnished; and will hear such testimony as is relevant to the issues raised in the appellant's notice of appeal and any amendments thereto. Oral evidence shall be taken on oath or affirmation. Each side shall have the right to call and examine witnesses; to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issues on appeal even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. If a party does not testify on her/his own behalf she/he may be called and examined as if under cross-examination. The hearing need not be conducted according to technical rules of evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely upon in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but may be rejected by the city council if deemed unreliable. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at a hearing. Irrelevant and unduly repetitious evidence shall be excluded. At the conclusion of the hearing, the city council may affirm, reverse or modify the finding, decision or action, or may refer the matter back for further action.

I. The decision of the city council shall constitute the final administrative order or decision of the city within the meaning of Government Code Section 53069.4(b)(1) and (c). The city clerk shall cause a copy of the city council's written decision to be served by first-class mail on the appellant specified in the written notice of appeal. Service of the city council's decision shall be complete on the fifth day after the date it is mailed by the city clerk to the address provided by the appellant on the notice of appeal.

J. When requested, notices of appeal to city council should be provided in alternative formats to accommodate accessibility requirements for persons with disabilities.

(Ord. No. 600, § 4, 1-11-2016; Ord. No. 616, § 2, 11-13-2017)

A. Any person aggrieved by a final administrative order or decision imposing an administrative fine after an appeal under Section 1.12.120 of this chapter may seek review in the Tulare County Superior Court pursuant to the terms of Government Code 53069.4(b).

B. Judicial review of a decision of the city council made after a hearing pursuant to Section 1.12.120 shall be made pursuant to Section 1094.6 of the California Code of Civil Procedure where and to the extent said section may be applicable.

(Ord. No. 600, § 4, 1-11-2016)

When an administrative fine or penalty becomes a final order under this Chapter or Government Code Section 53069.4, the city may proceed to collect the fine or penalty as follows:

A. The city may commence a civil action to enjoin and/or collect the administrative fines and penalties. In the event a civil action is commenced to collect the administrative fines and penalties, the city shall be entitled to recover all costs associated with the collection of the fines and penalties. Costs include, without limitation, staff time incurred in the collection of the penalty and those costs set forth in Code of Civil Procedure Section 1033.5.

B. The amount of any unpaid final administrative fine, plus interest, plus any other costs as provided in this chapter, may be declared a lien on any real property owned by the property owner against whom an administrative penalty has been imposed, as follows:

1. Notice shall be given to the property owner before recordation of the lien, and shall be served in the same manner as a summons in the civil action pursuant to Code of Civil Procedure Section 415.10 et seq.;

2. The lien shall attach when the city records it with the county recorder's office. The lien shall specify the amount of the lien, the date of the code violations, the date of the final decision, the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel; and

3. In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, the city shall record a notice of the discharge containing the information specified in Section 1.12.100 8.B.

C. The city may withhold issuance of licenses, permits and other entitlements to the property owner on any project, property, or application of any kind whenever an administrative penalty remains unpaid.

D. The city may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the Enforcement of Judgments Law, commencing with California Code of Civil Procedure Section 680.010.

(Ord. No. 600, § 4, 1-11-2016)