Chapter 6.28 ADMINISTRATIVE CITATION POLICY AND PROCEDURE

The purposes of this chapter are to provide a just, equitable and practicable method for preventing, discouraging and/or abating certain conditions which endanger the life, limb, health, property, safety or welfare of the general public and to provide city staff with precise enforcement regulations that can be effectively applied and administered in a fair, expedient, and cost efficient manner. [Ord. 359 § 1, 2005]

6.28.020 General definitions.

The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings ascribed to them in this chapter.

“Abandoned” applied to a building means a building that is unoccupied and is in such a state of neglect that a reasonable person would believe that the building has not been used for its intended, lawful purpose and/or has not been lawfully occupied for an extended period of time.

“Abandoned” applied to real property means real property that is vacant and undeveloped, and/or real property that has not been lawfully developed and/or improved and which is more than two years delinquent in payment of the assessed real property taxes owing upon such property.

“Abatement” means the removal of a certain condition or conditions which endanger the life, limb, health, property, safety or welfare of the general public.

“Administrative appeals officer” means the individual who shall conduct administrative appeal hearings and render decisions pursuant to the administrative appeal procedures set forth in this chapter.

“Administrative citation” means a formal notice that is issued by a code enforcement officer or other authorized enforcement agent to a person who has committed an infraction or misdemeanor violation.

“Code enforcement officers” means those individuals employed and designated by the city to conduct inspections and to take such actions as may be required by the provisions of this chapter for the purpose of enforcing certain prescribed provisions of the municipal code and all applicable statutes, rules, codes and regulations.

“Issuing officer or authorized agent” means the code enforcement officer or other authorized agent of the city who issued a citation or notice pursuant to this chapter.

“Notice of violation” means an informal notice informing a party about the existence of a certain condition or situation which constitutes an infraction or misdemeanor violation of the municipal code, a public nuisance, or a violation of any applicable statute, rule, code or regulation.

“Owner” means any person having a legal or equitable interest in property. “Owner” applied to a building or land shall include any part owner, joint owner, tenant, tenant in common, joint tenant, of the whole or a part of such building or land.

“Plain view” means an unintrusive observation by or a sound heard by an individual’s own natural senses from a location upon which the observing or listening individual is legally justified to be present.

“Property owner” means an owner of record of a parcel of land identified on the last equalized assessment roll of the county or as otherwise known to a code enforcement officer or other authorized enforcement agent.

“Public right-of-way” means any area or parcel of property granted, deeded, dedicated to, or otherwise acquired by the city or the public at large for any public purpose including, but not limited to, alleys, roadways, parkways, pedestrian ways, sidewalks and public streets. [Ord. 359 § 1, 2005]

6.28.030 Prohibited acts include causing, permitting, or suffering.

Whenever in this chapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. [Ord. 359 § 1, 2005]

6.28.040 Recovery of costs pursuant to California Code of Civil Procedure.

Nothing in this chapter is intended to prohibit or preclude the city from seeking and recovering any costs pursuant to Code of Civil Procedure Sections 1032 through 1033.5. [Ord. 359 § 1, 2005]

6.28.050 Collection of debts to city.

The amount of any fine or fee imposed by this chapter shall be deemed a civil debt owing to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fine or fee, with any penalties applicable thereto as prescribed by this chapter or other enactment. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this chapter or as otherwise provided by law. [Ord. 359 § 1, 2005]

6.28.060 Concurrent enforcement authority.

The code enforcement officers shall have concurrent enforcement authority with the police chief regarding any violation of the municipal code resulting in a misdemeanor, an infraction or a public nuisance, unless otherwise provided by this chapter, the municipal code, applicable statutes, rules, codes and regulations, resolution of the city council, or written agreement by and between the code enforcement chief and the police chief. Nothing in this chapter shall be construed or interpreted as providing the code enforcement officers with the authority to enforce any provision of the California Penal Code, the California Vehicle Code or any other statute that is specifically required to be enforced solely by the city’s local law enforcement agency under the authority of the police chief.

The code enforcement officers shall have concurrent enforcement authority with the city’s animal control division regarding any violation of the municipal code pertaining to animals unless otherwise provided in the municipal code, any applicable statute, rule, code or regulation, resolution of the city council, or written agreement by and between any independent contractor who may be employed to provide such animal control services to the city or any of its departments or divisions.

The code enforcement officers shall have concurrent enforcement authority with any other city official regarding any violation of the municipal code, and/or any applicable statute, rule, code, or regulation relating to overgrown weeds or the accumulation of rubbish, refuse or dirt. [Ord. 359 § 1, 2005]

6.28.070 Zoning regulations.

The city planner shall have concurrent enforcement authority with any other city employees regarding violations of the city’s zoning ordinance and regulations as adopted pursuant to the municipal code unless such concurrent authority is prohibited by any other applicable statutes, codes, rules and/or regulations. [Ord. 359 § 1, 2005]

Article II. Inspection Provisions

6.28.080 Authority to inspect.

To enforce the provisions of the municipal code and/or applicable statutes, rules, codes or regulations, a code enforcement officer or other authorized enforcement agent may inspect exterior code violations from a public street, sidewalk, park, or alley without the consent of the property owner or occupant and without an inspection warrant. [Ord. 359 § 1, 2005]

6.28.090 Inspection of exterior code violations from neighbor’s yard.

To enforce the provisions of the municipal code and/or applicable statutes, rules, codes or regulations, a code enforcement officer may inspect exterior code violations from a neighbor’s yard without the consent of the property owner, occupant, or agent having charge or control of the premises upon which the violation exists and without an inspection warrant; provided, that lawful access to the neighbor’s yard can be obtained and the exterior code violations are in plain view from the neighbor’s yard. [Ord. 359 § 1, 2005]

6.28.100 Inspection of abandoned buildings and property.

To enforce the provisions of the municipal code, and/or applicable statutes, rules, codes or regulations, a code enforcement officer may inspect abandoned buildings and property without the consent of the property owner or agent having charge or control of the premises and without an inspection warrant; provided, that the subject property and/or building or buildings are unoccupied and have not been secured against unlawful entry. [Ord. 359 § 1, 2005]

6.28.110 Inspection of common areas of multi-housing complexes.

To enforce the provisions of the municipal code and/or applicable statutes, rules, codes or regulations, a code enforcement officer or other authorized enforcement agent may inspect the common areas of multi-housing complexes without the consent of the property owner, occupant or agent having charge or control of the premises and without an inspection warrant; provided, that such common areas are accessible to members of the general public. [Ord. 359 § 1, 2005]

Article III. Notice of Violation

6.28.120 Issuance of notice of violation.

A code enforcement officer must, except in cases involving an immediate threat, issue a notice of violation prior to issuing an administrative citation. [Ord. 359 § 1, 2005]

6.28.130 Contents of notice of violation – Related to real property.

If the violator is being charged for violations occurring upon real property, the notice of violation should include all of the following information:

(1) The name of the property’s record owner, the occupant, if any, and/or the agent, if any, having charge or control of the property;

(2) The date of inspection;

(3) The date(s) of the violation(s) (including whether the violation is of a continuing nature);

(4) The street address or a definite description of the location where the violation(s) occurred;

(5) The code section(s) violated;

(6) A description of the property’s condition which violated the applicable codes;

(7) A list of necessary corrections to bring the property into compliance;

(8) The deadline or specific date by which to correct the violation(s) listed in the notice of violation;

(9) A reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline;

(10) The amount of the potential fine for the code violation(s); and

(11) The name and signature of the code enforcement officer who issued the notice of violation (“citing officer”). [Ord. 359 § 1, 2005]

6.28.140 Contents of notice of violation – Unrelated to real property.

If the violator is being charged for violations not occurring upon real property, the notice of violation shall include all of the following information:

(1) The name of the person(s) responsible for committing the violation(s);

(2) The date(s) of the violation(s) (including whether the violation is of a continuing nature);

(3) The street address or a definite description of the location where the violation occurred;

(4) The code section(s) violated;

(5) A description of the violation(s);

(6) An order prohibiting the continuation or repeated occurrence of the described violation(s);

(7) The amount of the potential fine for the code violation(s); and

(8) The name and signature of the citing officer. [Ord. 359 § 1, 2005]

6.28.150 Form of notice of violation.

The notice of violation may be in letter form or any other form which adequately conveys the information set forth in BMC 6.28.130 or 6.28.140. [Ord. 359 § 1, 2005]

6.28.160 Persons entitled to service of notice of violation.

The notice of violation, and any amended or supplemental notice of violation, should be served upon the person(s) responsible for the violation(s). [Ord. 359 § 1, 2005]

6.28.170 Service of notice of violation – Related to real property.

A notice of violation that is related to real property may be served by personal delivery to the violator or, if the violator is the owner or occupant of, or has charge or control of the property, the citation may be served by causing a copy of said citation to be sent by certified mail, postage prepaid, return receipt requested, to the address shown on the last available assessment roll. The failure of any such person to receive a copy of the notice of violation shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the notice of violation and retained by the citing officer. [Ord. 359 § 1, 2005]

6.28.180 Service of notice of violation – Unrelated to real property.

A notice of violation that is not related to the property may be served in any of the following ways: (1) by personal delivery to the violator; (2) if the violator is being charged for violations occurring at a business operating within the city, and the violator is the owner or an employee of the business, the citation may be served by causing a copy of said citation to be sent by certified mail, postage prepaid, return receipt requested to the address shown on any permit or license issued by the city to said business; or (3) by causing a copy of said citation to be sent by certified mail, postage prepaid, return receipt requested, to an address otherwise known to the issuing officer or authorized agent. The failure of any such person to receive a copy of the notice of violation shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the notice of violation retained by the citing officer. [Ord. 359 § 1, 2005]

6.28.190 Failure to comply with notice of violation.

Failure to comply with a notice of violation may result in the issuance of an administrative citation. [Ord. 359 § 1, 2005]

Article IV. Administrative Citation

6.28.200 Form of administrative citation.

A code enforcement officer may issue an administrative citation in substantially the same form as the notice of violation. The administrative citation shall set forth the documented opportunity to provide for compliance, unless issued in the context of an immediate threat to public safety and health. Service of an administrative citation shall be as provided herein for service of the notice of violation. [Ord. 359 § 1, 2005]

6.28.210 Administrative fines.

A code enforcement officer shall have the authority to issue an administrative citation with a specified administrative fine in an amount not to exceed $1,000. The fine amount(s) shall be set forth in a fee schedule that the city shall adopt by resolution and may amend from time to time. The fine shall be imposed as a civil debt to the city and may be enforced as a lien upon any real property subject to the citation. The debt may be enforceable by way of civil action. [Ord. 359 § 1, 2005]

6.28.215 Right to appeal.

The administrative citation must set forth the procedures for requesting an administrative appeal and the time for filing said appeal. [Ord. 359 § 1, 2005]

6.28.220 Time for appeal.

The time for appeal shall expire after the tenth day following the time that service of the administrative citation is complete. [Ord. 359 § 1, 2005]

6.28.230 Duties of administrative appeals officer.

The administrative appeals officer (“appeals officer”) shall conduct all administrative appeal hearings of any timely and properly filed appeal from an administrative citation pursuant to the procedures set forth in this chapter. The appeals officer shall review all evidence and hear all oral testimony submitted by, for and against the appellant. The appeals officer may decide to uphold the administrative citation, rescind the citation in part or in its entirety, and/or reduce the amount or waive payment of the administrative fine. [Ord. 359 § 1, 2005]

6.28.240 Limitations on authority of appeals officer.

The appeals officer’s authority to hear and consider appeals shall be limited to passing on only those appeals pertaining to matters within his or her subject matter jurisdiction. The appeals officer shall consider at the hearing on the appeal only those matters or issues which were specifically raised by the appellant in his or her appeal and which are relevant to the issues of the hearing. The appeals officer shall not have the authority to waive any requirements of the municipal code and/or any applicable statutes, rules, codes or regulations, except as otherwise provided in this chapter. [Ord. 359 § 1, 2005]

6.28.250 Scheduling of administrative appeals hearing.

As soon as practicable after receiving the written appeal, the appeals officer shall fix a date, time and place for the hearing of the appeal. Such date shall be not less than 10 calendar days and not more than 45 calendar days from the date the appeal was filed with the city clerk. [Ord. 359 § 1, 2005]

6.28.260 Preparation and form of notice of administrative appeals hearing.

As soon as practicable after scheduling the administrative appeals hearing, the hearing officer shall prepare a notice of administrative appeals hearing (“hearing notice”) which shall be in substantially the same form as follows:

You are hereby notified that a hearing will be held before the Administrative Appeals Officer at ___________________ on the ____ day of ______________, ________, at the hour of ________, to hear your appeal of the administrative citation issued or otherwise served upon you. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any relevant evidence at the hearing and you will be given a full opportunity to cross-examine all witnesses testifying against you.

[Ord. 359 § 1, 2005]

6.28.270 Time for and method of service of notice of administrative appeals hearing.

The appeals officer shall provide a copy of the hearing notice to the city clerk or his or her designee who shall cause a copy of said notice to be provided to the appellant either by causing a copy of said notice to be delivered to each appellant personally or by causing a copy of said notice to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to each appellant at the address shown on the appeal. The city clerk shall also cause a copy of the hearing notice to be provided to the issuing officer or authorized agent. [Ord. 359 § 1, 2005]

6.28.280 Proof of service of hearing notice.

Proof of service of the hearing notice shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration shall be affixed to a copy of the hearing notice and retained by the issuing officer or authorized agent. [Ord. 359 § 1, 2005]

6.28.290 Report and recommendation.

The issuing officer or authorized agent shall prepare an administrative hearing packet for the appeals officer to review prior to the hearing. The packet shall include a copy of the notice of violation (if issued), administrative citation, a staff report, and any other evidence of the violation(s). The staff report should include a written case history, the status of pending permit applications, and a record of conversations or correspondence with the person(s) deemed responsible for the violation(s). [Ord. 359 § 1, 2005]

6.28.300 Admissibility of evidence at appeals hearing.

At the appeals hearing, the appeals officer shall hear any evidence and oral testimony offered either in support of appellants’ claim or in support of the administrative citation, provided such evidence is relevant to the issues of the hearing. The appeals officer has the authority to determine the relevance of any evidence to the hearing. The appeals officer also has the authority to exclude unduly repetitious and cumulative evidence, regardless of its relevancy. [Ord. 359 § 1, 2005]

6.28.310 Rights of parties at appeals hearing.

Each party appearing at the hearing shall have the following rights:

(1) To call and examine witnesses;

(2) To introduce documentary and physical evidence;

(3) To cross-examine opposing witnesses;

(4) To impeach any witness regardless of which party first called the witness to testify;

(5) To rebut evidence; and

(6) To be represented by anyone who is lawfully permitted to do so. [Ord. 359 § 1, 2005]

6.28.320 Failure to attend administrative appeals hearing.

If the appellant fails to attend the scheduled administrative appeals hearing, the hearing will proceed without appellant and he or she will be deemed to have waived his or her rights to be orally heard at the appeals hearing. [Ord. 359 § 1, 2005]

6.28.330 Duty to prepare and serve notice of decision and compliance order.

The appeals officer shall prepare and serve a written notice of decision and compliance order upon the appellant and the issuing officer or authorized agent following the appeals hearing. The decision of the appeals officer shall be final. [Ord. 359 § 1, 2005]

6.28.340 Time in which to serve notice of decision and compliance order.

The appeals officer shall serve the written notice of decision and compliance order to each appellant within 30 calendar days from the date the hearing is deemed closed. [Ord. 359 § 1, 2005]

6.28.350 Form of notice of decision and compliance order.

The notice of decision and compliance order shall state whether the administrative citation has been either upheld, in full or in part, or rescinded, in full or in part. Said notice shall also contain a brief summary of the evidence considered, findings of fact, and the effective date of the decision. [Ord. 359 § 1, 2005]

6.28.360 Service of notice of decision and compliance order.

The appeals officer shall cause a copy of the notice of decision and compliance order to be provided to each appellant either by causing a copy of said notice to be delivered to each appellant personally or by causing a copy of said notice to be delivered to appellant by certified mail, postage prepaid, return receipt requested, and addressed to appellant at the address shown on the appeal. [Ord. 359 § 1, 2005]

6.28.370 Proof of service of notice of decision and compliance order.

Proof of service of the notice of decision and compliance order shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made. The declaration shall be affixed to a copy of the notice and retained by the issuing officer or authorized agent. [Ord. 359 § 1, 2005]

6.28.380 Effective date.

The effective date of the appeals officer’s notice of decision and compliance order shall be as stated therein. [Ord. 359 § 1, 2005]

6.28.390 Appeal of imposition of administrative fines.

Any party contesting the final decision of the administrative hearing officer concerning the imposition of an administrative fine under this chapter may seek judicial review of the imposition of the fine by filing an appeal pursuant to California Government Code Section 53069.4, subdivision (b)(1) after said party has exhausted all available administrative remedies relating to the underlying violation. [Ord. 359 § 1, 2005]