Yucca Valley Municipal Code Ch. 1.04 Administrative Citation Procedures

The purpose and intent of this chapter is to provide additional remedies to correct violations and, where necessary, to penalize violators for failure to comply with town codes and ordinances. The town council hereby finds and determines that enforcement of the town codes and ordinances are matters of local concern and serve important public purposes. This chapter is intended to protect the public health, safety and welfare of the town. (Ord. 97, 11-5-1998)

For the purpose of this chapter, the following terms, phrases, words and their definitions shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number and words used in the singular number include the plural number. Words not defined shall be given their common and ordinary meanings.

ENFORCEMENT OFFICIAL: Any person authorized to enforce any of the provisions of this code and its ordinances.

LEGAL INTEREST: Any interest represented by an instrument recorded in the county recorder's office, county of San Bernardino, including, but not limited to, a deed of trust, deed, judgment lien, tax or assessment lien, or mechanic's lien.

REPRESENTATIVE: The duly appointed representative of the responsible party.

RESPONSIBLE PARTY: Any natural person, firm, association, corporation, partnership or limited liability company, whom an enforcement official determines is responsible for causing or maintaining a violation of this code, including, but not limited to, a property owner, tenant, party in possession of real property or party with a legal interest in real property. (Ord. 97, 11-5-1998)

A. Authority Of Enforcement Officials: Any enforcement official may issue an administrative citation to any responsible party whom the enforcement official determines has violated any ordinance or section of this code. (Ord. 97, 11-5-1998)

B. Issuance Of Administrative Citation: Whenever an enforcement official determines that an infraction or misdemeanor violation of the town's municipal code has occurred or that a violation exists which is deemed to constitute a public nuisance as set forth in the town's municipal code and/or applicable statute, rule, code or regulation, the officer or agent may issue an administrative citation to any party responsible for the violation as follows:

1. If the responsible party is a corporation, the enforcement official shall attempt to locate any one of the following individuals and issue to that individual an administrative citation: the president or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the corporation to receive service of process in a civil action. If the office address of any of the above listed individuals is known to the town, a copy of the administrative citation also shall be mailed to one of those individuals by certified mail, postage prepaid, return receipt requested. Simultaneously the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

2. If the responsible party is a business other than a corporation, the enforcement official shall attempt to locate the business owner and issue the business owner an administrative citation. If the enforcement official can locate only the manager of the business, the administrative citation may be given to the manager of the business. If the address of the business is known, a copy of the administrative citation also shall be mailed to that address to the attention of the business owner or a responsible party. The mailing shall be sent by certified mail, postage prepaid, return receipt requested. Simultaneously the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

3. The enforcement official shall attempt to obtain on the administrative citation the signature of the responsible party or, in cases in which the responsible party is a corporation or business, the signature of the person served with the administrative citation. If a responsible party or person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings.

4. If the enforcement official is unable to locate a responsible party for the violation, the administrative citation shall be mailed to the responsible party by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

5. If the enforcement official does not succeed in serving the responsible party personally or by certified mail or by regular mail, the enforcement official shall post the administrative citation on any real property within the town in which the town has knowledge that the responsible party has a legal interest, and such posting shall be deemed effective service.

6. If the enforcement official does not succeed in serving the responsible party personally, by certified mail or regular mail, and the town is not aware that the responsible party has a legal interest in any real property within the town, the enforcement official shall cause the administrative citation to be published once a week for four (4) successive weeks in a local newspaper published at least once a week. (Ord. 187, 1-10-2008)

C. Contents Of Administrative Citation: The administrative citation shall contain at a minimum the following:

1. The date and location of the violation and the approximate time the violation occurred.

2. The code section violated and a description of how the section was violated.

3. The amount of the fine imposed for the violation and the time within which and the place at which the fine shall be paid.

4. An order prohibiting another occurrence of the code violation.

5. A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation.

6. The name and signature of the citing enforcement official. (Ord. 97, 11-5-1998; amd. Ord. 187, 1-10-2008)

Upon receipt of a citation, the responsible party shall either:

A. Remedy the violation(s), if the violation(s) is of such a nature that it can be remedied. If the violation(s) is corrected to the satisfaction of the town of Yucca Valley before the correction date provided on the citation, no fine shall be payable.

B. Pay the assessed fine to the town of Yucca Valley if the violation is not corrected before the correction date issued on the administrative citation. Payment of a fine shall neither excuse nor discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the town. If the responsible person fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s). The fines shall increase in accordance with the town's adopted fee resolution for administrative citations. (Ord. 187, 1-10-2008)

A. Any responsible party to whom an administrative citation is issued may contest the citation no later than twenty one (21) days from the date of service of the administrative citation by:

1. Completing a request for hearing form and returning it to the town; and

2. Either depositing the administrative fine with the town or providing notice that a request for an advance deposit hardship waiver has been filed.

A request for hearing form may be obtained from the department specified on the administrative citation. The person requesting the hearing shall be notified by certified mail, return receipt requested, of the time and place of the hearing at least ten (10) days before the date of the hearing. Any documentation, other than the administrative citation, which the enforcement official has submitted or will submit to the hearing officer shall be served on the person requesting the hearing by certified mail, return receipt requested, at least five (5) days before the date of the hearing.

B. The town shall set the date and time for the administrative hearing not less than fifteen (15) days nor more than sixty (60) days after the request for hearing form is filed and the administrative fine is deposited with the town. The town shall send notice of the date, time and place of the hearing to the person requesting the hearing by certified mail, return receipt requested, at least ten (10) days before the date of the hearing.

C. The responsible party requesting the hearing may request one continuance, but in no event may the hearing begin later than ninety (90) days after the request for hearing form is filed and the administrative fine is deposited with the town.

D. The director of the department through which the administrative citation was issued, or his designee, shall select an administrative hearing officer. The administrative hearing officer may be, without limitation, a member of the staff of the department through which the administrative citation was issued. In no event, however, shall the enforcement official who issued the administrative citation be the administrative hearing officer.

E. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his case and to cross examine witnesses. The town bears the burden of proof at an administrative hearing to establish a violation of this code. The administrative citation and any additional reports submitted by the enforcement official shall constitute prima facie evidence of the facts contained in those documents. The administrative hearing officer must use a preponderance of the evidence as the standard of evidence in deciding the issue.

F. If the responsible party fails to attend the scheduled hearing, the hearing will proceed without the responsible party, and he will be deemed to have waived his right to an administrative hearing. Notwithstanding, if service of the administrative citation is made by posting the citation on real property within the town in which the responsible party has a legal interest, and the responsible party provides verifiable and substantial evidence that removal of the administrative citation from the property by a third person caused the responsible party's failure to attend the scheduled hearing, the responsible party shall be entitled to an administrative hearing.

G. No later than thirty (30) days after the date on which the administrative hearing concludes, the administrative hearing officer shall issue a written decision to uphold or cancel the administrative citation. The administrative hearing officer shall set forth the reasons for the decision. The decision shall be served upon the responsible party. If the administrative hearing officer upholds the administrative citation, the town shall retain the fine deposited by the responsible party. If the administrative hearing officer cancels the administrative citation, the fine deposited with the town shall be promptly refunded. The administrative hearing officer's written decision is final and shall notify the responsible party of his right to appeal as provided herein.

H. The town may collect any past due administrative fines by use of any available legal means. (Ord. 97, 11-5-1998)

Within twenty (20) days after service of the decision of the administrative hearing officer upon the responsible party, he may seek review of the decision by filing a notice of appeal with the municipal court. The responsible party shall serve upon the town clerk, either in person or by first class mail, a copy of the notice of appeal. If the responsible party fails to timely file a notice of appeal, the administrative hearing officer's decision shall be deemed confirmed. (Ord. 97, 11-5-1998)

Failure to pay an administrative fine is a misdemeanor. Filing a criminal misdemeanor action does not preclude the town from using any other legal remedy available to gain compliance with the administrative order. (Ord. 97, 11-5-1998)