Yuba County Municipal Code Art. 9 Administrative Citations

This Article is adopted pursuant to the authority vested in the County by Government Code § 53069.4.

(Prior Code, § 7.36.910; Ord. No. 1458)

Any person or persons violating any provision of the Yuba County Ordinance Code may be issued an administrative citation by an Enforcement Official as provided in this Article.

(Prior Code, § 7.36.915; Ord. No. 1458)

(a) A civil fine shall be assessed by means of an administrative citation issued by the Enforcement Officer and shall be payable directly to the Yuba County Treasurer's Office.

(b) Civil fines imposed pursuant to this Article shall be assessed in the following amounts:

(1) A fine not exceeding $100.00 per day for a first violation;

(2) A fine not exceeding $200.00 per day for a second separate violation of the same provision of this Code within the one year period immediately preceding the commission of the second violation.

(3) A fine not exceeding $500.00 per day for each subsequent separate violation of the same provision of this Code within the one year period immediately preceding the commission of the subsequent violation.

(c) Each person violating this Code shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by any such person. Any violation which persists for more than one day is deemed a continuing violation for the purposes of this Chapter.

(Prior Code, § 7.36.920; Ord. No. 1458)

An administrative citation may be issued to a violator by an Enforcement Official for violations of this Code in one of the following manners: Personal Service or Service by Mail and Posting.

(1) Personal service. The Enforcement Official shall make a reasonable attempt to locate and personally serve any violator residing within the County and to obtain the signature of the violator on the administrative citation.

(2) Service by mail and posting. If the Enforcement Official is not successful in efforts to personally serve the violator, the administrative citation shall be mailed to the violator by first class mail and the Enforcement Official shall further post the administrative citation on any real property within the County in which the County has knowledge that the violator has a legal interest.

(Prior Code, § 7.36.925; Ord. No. 1458)

Each administrative citation shall contain the following information:

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

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

(3) An order to the violator to correct the violation(s) within the time specified, and an explanation of the consequences of failure to correct the violation(s);

(4) The amount of the fine for the violation(s);

(5) An explanation of how the fine shall be paid and the time period by which it shall 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; and

(7) The name and signature of the Enforcement Official and, if possible, the signature of the violator.

(Prior Code, § 7.36.930; Ord. No. 1458)

Upon receipt of a citation, the recipient must do the following:

(1) Pay the fine to the County within 15 days from the correction date of the administrative citation. All fines assessed shall be payable to the Treasurer of the County. 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 County.

(2) Remedy the violation(s) if the violation(s) is of such a nature that it can be remedied. For the first violation, if the violation(s) is corrected before the date provided on the Citation no fine shall be imposed; however, for a subsequent violation of the same Code section, the violator must remedy any violation capable of being remedied and pay the fine. If the recipient of the citation fails to correct the violation(s), subsequent administrative citations may be issued for the continuing violation(s) of the same Code section.

(Prior Code, § 7.36.935; Ord. No. 1458)

Any recipient of an administrative citation may contest that there was a violation of the Code or that he or she is the violator by completing a request for hearing form and returning it to the County within 15 days from the correction date of the administrative citation, together with an advanced deposit of the fine. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.

(Prior Code, § 7.36.940; Ord. No. 1458)

(a) No hearing to contest an administrative citation shall be held unless and until a request for hearing form has been completed and submitted, and the fine has been deposited in advance.

(b) A hearing before a Hearing Officer of the contractor administering administrative citations on behalf of public agencies shall be set for a date that is not less than 15 and not more than 60 days from the date that the request for hearing is filed in accordance with the provisions of this Chapter. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.

(c) The Hearing Officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the violator has caused or maintained the violation(s) of the Code or other State law on the date(s) specified in the administrative citation.

(d) The violator contesting the administrative citation shall be given the opportunity to testify and to present witnesses and evidence concerning the administrative citation.

(e) The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.

(f) The administrative citation and any additional documents submitted by the Enforcement Official shall constitute prima facie evidence of the respective facts contained in those documents.

(g) At least ten days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citation, any reports and other documents submitted or relied upon by the Enforcement Official. No other discovery is permitted. Formal rules of evidence shall not apply.

(h) The Hearing Officer may continue the hearing and may request additional information from the Enforcement Official or the recipient of the administrative citation prior to issuing a written decision.

(Prior Code, § 7.36.945; Ord. No. 1458)

(a) After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within ten days of the hearing to uphold or deny 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 citation should be upheld, then the fine amount on deposit with the County shall be retained by the County.

(c) If the Hearing Officer determines that the administrative citation should be canceled and the fine was deposited with the County, then the County shall refund the amount of the deposited fine within 30 days of the Hearing Officer's decision.

(d) The recipient of the administrative citation shall be served by first class mail with a copy of the Hearing Officer's written decision.

(Prior Code, § 7.36.950)

The failure of any person to pay the civil fines assessed by an administrative citation within the time specified on the citation may result in the matter being referred to the Yuba County Revenue Recovery Officer who may pursue any appropriate legal remedy to collect the civil fines. The County may also recover its collection costs according to proof.

(Prior Code, § 7.36.955; Ord. No. 1458)

The manner of contesting the final order of the Hearing Officer concerning any administrative citation is governed by Government Code § 53069.4, or any successor provision thereto. Service of the notice of appeal authorized by Government Code § 53069.4 upon the County shall be served upon the Clerk of the Board of Supervisors.

(Prior Code, § 7.36.960; Ord. No. 1458)