Chapter 1.18
ADMINISTRATIVE CITATIONS
Sections:
1.18.010 Purpose and application.
1.18.040 Contents of citation.
1.18.060 Satisfaction of the administrative citation.
1.18.070 Appeal of the administrative citation.
1.18.090 Hearing officer’s decision.
1.18.100 Collection of unpaid fines.
1.18.110 Right to judicial review.
1.18.010 Purpose and application.
A. Any violation of this code may be redressed with an administrative citation through the proceedings set forth under this chapter, even if any other section of this code prescribes or permits a criminal, civil, or administrative fine or method of enforcement or redress different than that set forth in this chapter.
B. It is the intent of this chapter that an administrative procedure be established as provided under Government Code Section 53069.4 which may be applied to any violation of this code.
C. The proceedings set forth under this chapter shall not be exclusive and may be in addition to any other available criminal, civil, or administrative remedy established under this code or under applicable state law or otherwise. This chapter shall be used at the sole discretion of the city. (Ord. 747-2022 § 2 (Exh. A), 2022)
1.18.020 Definitions.
A. “City manager” shall mean the city manager of the city of Cloverdale or his or her designee.
B. “Code” means the city of Cloverdale Municipal Code, Building Code, Zoning Code, and any Uniform Codes that have been incorporated into this code by reference, as well as any other ordinance of the city.
C. “Enforcement officer” shall mean any Cloverdale employee, contractor, or agent of the city authorized to enforce any provision of this code or this chapter.
D. “Fine” or “fines” shall mean any fines, fees, or penalties assessed or imposed by the city or order of the hearing officer under this chapter, not including administrative costs.
E. “Person” shall mean a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.
F. “Responsible person” shall mean a person or person’s agent, employee, or independent contractor who causes, permits, allows, maintains, contributes, conceals, or aids or abets the property-related code violation, including a property owner of record, property manager, tenant, subtenant, occupant, or any person in possession of property where the code violation exists. Each responsible party shall be jointly and severally liable for any and all fines, fees, penalties, and administrative costs awarded, upheld, assessed, or imposed under this chapter. (Ord. 747-2022 § 2 (Exh. A), 2022)
1.18.030 Fines.
A. The city council may establish the amounts of fines for violations of this code imposed pursuant to this chapter through a schedule of fines established by resolution of the city council. In the absence of such resolution, and except as otherwise provided in this code, the fines for administrative violations of this code shall be as follows:
1. A fine not exceeding one hundred dollars for a first violation.
2. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year.
3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year. (Ord. 747-2022 § 2 (Exh. A), 2022)
1.18.040 Contents of citation.
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 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. 747-2022 § 2 (Exh. A), 2022)
1.18.050 Service procedures.
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 Sonoma County shall be sufficient grounds for service of citation by mail without first attempting personal service. (Ord. 747-2022 § 2 (Exh. A), 2022)
1.18.060 Satisfaction of the administrative citation.
A. The responsible person must pay the fine to the city within thirty calendar days from service of the citation. All fines assessed shall be payable to the city of Cloverdale 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 city. (Ord. 747-2022 § 2 (Exh. A), 2022)
1.18.070 Appeal of the administrative citation.
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 city in accordance with the instructions on the form within fifteen 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 City Hall and/or by contacting the city clerk. 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 city 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 city manager or the manager’s designee shall be authorized to assign as hearing officer any person or persons, qualified by training or experience, whom the city manager may appoint or who are retained by contract to conduct such hearings. The hearing officer may, but is not required to be, a city employee. (Ord. 747-2022 § 2 (Exh. A), 2022)
1.18.080 Hearing procedure.
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 this chapter.
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 and not more than forty-five calendar days from the date that such request is filed in accordance with the provisions of this chapter. The person requesting the hearing and the city may agree to a hearing date that is either sooner or later than the time periods required herein for a hearing. Unless advance 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 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, 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 city 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 city 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. The administrative citation and any additional document submitted by the issuing officer/employee shall constitute prima facie evidence of the respective facts contained in those documents. Formal rules of evidence shall not apply.
G. Upon request which provides reasonable advance notice to the city, 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.
H. 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. 747-2022 § 2 (Exh. A), 2022)
1.18.090 Hearing officer’s decision.
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 thirty calendar days of the hearing. 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 city shall be retained by the city. 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 in this chapter.
D. If the hearing officer determines that the administrative citation should be canceled in whole or in part, then the city 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 1.18.050. (Ord. 747-2022 § 2 (Exh. A), 2022)
1.18.100 Collection of unpaid fines.
Failure of any person to pay the fine assessed by an administrative citation within thirty 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 1.18.090, shall constitute a debt owed to the city and may be enforced as a personal obligation of the responsible party. Administrative fines shall accrue interest at the same annual rate as any civil judgment in favor of the city, in accordance with Code of Civil Procedure Section 685.010. Interest shall accrue commencing on the twentieth calendar day after the fine becomes due. In the event a civil action is commenced to collect the administrative fines, the city 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 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, California Code of Civil Procedure Section 680.010 et seq. The remedies set forth in this section are not exclusive, and the city may collect any past due amounts assessed or ordered by all available legal means. (Ord. 747-2022 § 2 (Exh. A), 2022)
1.18.110 Right to judicial review.
A. The decision of the hearing officer shall be deemed the final administrative order of the city.
B. Any person who is aggrieved by the decision of the hearing officer under this chapter 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. A copy of the notice of appeal shall be served in person or by first class mail upon the city clerk. The right to appeal is limited to the terms and conditions set out in California Government Code Section 53069.4. If no appeal is filed with the superior court within twenty calendar days after service, then the written decision is hereby deemed confirmed. (Ord. 747-2022 § 2 (Exh. A), 2022)