Chapter 1.09
ADMINISTRATIVE VIOLATIONS AND ADMINISTRATIVE ENFORCEMENT PROCEDURES

Sections:

Article I. Administrative Violations

1.09.010    Designation of administrative violations.

1.09.011    Administrative violations are not exclusive remedy.

1.09.012    Levels of administrative violations.

1.09.013    Sanctions for administrative violations.

1.09.014    Standards for imposition of administrative sanctions.

Article II. Administrative Enforcement Procedures

1.09.020    Responsibility and authority.

1.09.021    Purpose of enforcement.

1.09.022    Guidelines for exercising administrative enforcement authority.

1.09.023    Notice to correct and stop order.

1.09.024    Notice of administrative violation.

1.09.025    Right of entry for inspection.

1.09.026    Informal attempts to encourage compliance.

1.09.027    Service of notices.

1.09.028    Responsibility of parent(s) and/or legal guardian.

1.09.029    Confidentiality in connection with citizen complaints.

Article III. Hearings

1.09.030    Right to a hearing.

1.09.031    Preservation of status quo pending hearing.

1.09.032    Request for hearing and fee—Notice of denial of hearing based on untimely appeal.

1.09.033    Meeting with enforcement authority.

1.09.034    Mediation.

1.09.035    Timely hearing.

1.09.036    Notice of time and place of hearing.

1.09.037    Hearing officer.

1.09.038    Ex parte communications.

1.09.039    Rights of the parties.

1.09.040    Hearing procedure.

1.09.041    Hearing open to the public.

1.09.042    Oath.

1.09.043    Quantum and burden of proof.

1.09.044    Rules of evidence.

1.09.045    Subpoenas.

1.09.046    Record of the hearing.

1.09.047    Written transcript.

1.09.048    Written decision.

Article IV. Judicial Review

1.09.050    Final administrative decision.

1.09.051    Judicial review.

1.09.052    Review standard.

Article V. Enforcement of Monetary Sanctions

1.09.060    When monetary sanctions are due.

1.09.061    Place for payment of monetary sanction.

1.09.062    Failure to pay a monetary sanction.

Article I. Administrative Violations

1.09.010 Designation of administrative violations.

A.    The following shall be designated as administrative violations and shall be subject to enforcement pursuant to the provisions of this chapter:

1.    All violations of the Folsom Municipal Code, unless otherwise excepted by ordinance;

2.    All violations of the Charter of the city of Folsom, unless otherwise excepted by ordinance;

3.    All violations of Uniform Codes adopted by the city of Folsom;

4.    All violations of design standards adopted by the city council and/or the planning commission and on file with the city clerk;

5.    All violations of conditions imposed on any entitlement, permit, contract, or environmental document issued or approved by the city of Folsom;

6.    All violations of state laws enforced by the city of Folsom that have been designated for enforcement through this chapter by ordinance.

B.    An administrative violation may only be adjudicated pursuant to the administrative enforcement procedures established in Sections 1.09.020 through 1.09.049 of this chapter. Each responsible person shall have the right to request an administrative hearing and subsequent judicial review pursuant to the procedures established in Code of Civil Procedure Sections 1094.5 and 1094.6 before the city will take action to collect any administrative penalty. (Ord. 846 § 2 (part), 1996)

1.09.011 Administrative violations are not exclusive remedy.

Nothing in this chapter is intended to limit or prohibit the enforcement of the Folsom Municipal Code or other applicable laws through civil or criminal process where the city attorney has evaluated the criteria set forth in Sections 1.09.014 and 1.09.024, and has determined that enforcement through the administrative enforcement procedures will not result in effective redress, where there have been repeated administrative violations, or where the severity of the violation warrants redress through civil or criminal action. (Ord. 846 § 2 (part), 1996)

1.09.012 Levels of administrative violations.

A.    Administrative violations shall be designated by level based upon the potential monetary sanction as follows:

1.    Level A violations shall be subject to a fine of $20—$500.

2.    Level B violations shall be subject to a fine of $100—$2,500.

3.    Level C violations shall be subject to a fine of $100—$5,000.

4.    Level D violations shall be subject to a fine of $100—$7,500.

5.    Level E violations shall be subject to a fine of $100—$10,000.

Unless otherwise provided for by ordinance, all administrative violations will be deemed a Level A violation.

B.    At the time of issuance of a notice of administrative violation pursuant to Section 1.09.024, the enforcement authority shall evaluate in writing the criteria set forth in Section 1.09.014 to determine the appropriate level of sanction and shall provide written notice to the responsible person of the proposed level of sanction and the reasons therefor as required by Section 1.09.024.

C.    Where multiple violations have occurred or are occurring, each violation of the Folsom Municipal Code or other applicable laws shall be subject to a separate sanction.

D.    The enforcement authority shall have no power or discretion to void any notice of administrative violation until after a meeting with the enforcement authority’s supervisor as provided for in Section 1.09.033. If a notice of administration violation is voided, the enforcement authority shall provide written justification for such action to the city manager. (Ord. 846 § 2 (part), 1996)

1.09.013 Sanctions for administrative violations.

Any one of the following sanctions shall be available to redress infringement of the Folsom Municipal Code or applicable laws.

A.    Revocation and/or suspension of licenses or permits, conditional use permits or other entitlements issued by the city of Folsom;

B.    The placement of requirements for corrective action on permits, licenses or entitlements issued by the city of Folsom as a condition to avoid revocation of the permit, license or entitlement;

C.    Monetary sanctions as set forth in Section 1.09.012 of this chapter;

D.    The issuance of a compliance order setting forth corrective action;

E.    As an alternative to other sanctions and in appropriate circumstances, requiring community service by the responsible person;

F.    Requiring a responsible person to post a performance bond, irrevocable letter of credit or other adequate security to ensure compliance with the Folsom Municipal Code or other applicable laws. (Ord. 846 § 2 (part), 1996)

1.09.014 Standards for imposition of administrative sanctions.

The following factors shall be considered in determining the appropriate sanctions for any administrative violation:

A.    The knowledge or intent of the person/entity found to have violated the Folsom Municipal Code or other applicable laws;

B.    A final determination of prior violations of the Folsom Municipal Code or other applicable laws within 12 months of the date of the violation. Violations of a similar nature shall be given additional weight in evaluating the appropriate sanctions as provided for in Section 1.09.012(C);

C.    Efforts by the person/entity found to have violated the Folsom Municipal Code or other applicable laws to take remedial action upon notice of a violation;

D.    Any financial gain realized by a responsible person as a result of an administrative violation;

E.    The extent to which the violation undermines the purpose of the ordinance violated;

F.    The number of other violations existing at the time of the issuance of the notice of administrative violation;

G.    The costs incurred for remedial action taken by the enforcement authority;

H.    The degree and permanence of harm to health, safety and/or the environment caused by the violation, including but not limited to any loss of life to person or animal;

I.    The amount it would have cost the responsible person to comply with the law;

J.    Where the violation consists of failure to obtain a permit or license, the financial cost to obtain a permit or license prior to engaging in the conduct that is the subject of administrative violation. The amount of any sanction imposed for failure to obtain a license or permit shall be no less than one and one-half times the cost of obtaining such license or permit. (Ord. 846 § 2 (part), 1996)

Article II. Administrative Enforcement Procedures

1.09.020 Responsibility and authority.

The city manager shall have overall responsibility and authority to enforce the provisions of the Folsom Municipal Code or other applicable laws. The city manager may delegate to department heads or other appropriate subordinates the authority to enforce any of the provisions of the Folsom Municipal Code or other applicable laws which relate to the responsibilities of their department. The city manager may also delegate to the police department or code enforcement officer the authority to enforce any of the provisions of the Folsom Municipal Code or other applicable laws. (Ord. 846 § 2 (part), 1996)

1.09.021 Purpose of enforcement.

The purpose of administrative enforcement is to obtain fair and uniform compliance with the provisions of the Folsom Municipal Code and other applicable laws. (Ord. 846 § 2 (part), 1996)

1.09.022 Guidelines for exercising administrative enforcement authority.

Administrative enforcement of the provisions of the Folsom Municipal Code and other applicable laws shall be limited to cases where: (1) specific bona fide citizen complaints have been received, (2) where the violation occurs within the context of the city’s oversight and approval of a project, or (3) where the enforcement action is a part of a plan for the uniform enforcement of a provision of the Folsom Municipal Code or other applicable laws within the city. No notice to correct or notice of administrative violation shall be issued pursuant to a citizen complaint until the enforcement authority has conducted an independent investigation and determined that there is good cause to believe that a violation of the Folsom Municipal Code or other applicable laws has occurred. The enforcement authority shall keep a record of all citizen complaints. (Ord. 846 § 2 (part), 1996)

1.09.023 Notice to correct and stop order.

Whenever a violation is discovered which can be corrected and the responsible person has not been issued a notice to correct or notice of administrative violation for the same violation within the past 12 months, the enforcement authority shall issue a notice to correct in order to notify the responsible person of the violation and to order that the violation be corrected within a reasonable time. Unless a different period is specifically set forth in the Folsom Municipal Code, 10 calendar days shall be considered a reasonable time to correct any violation. The notice to correct shall be in writing and shall set forth the facts that constitute the violation, the specific provisions of the law which have been violated, the specific acts required to correct the violation, the time allowed to correct the violation, and the rights to appeal the notice to correct. If the violation is related to a permit, license or other city approval of a project, the notice to correct may be accompanied by a stop order which orders the responsible person to immediately stop any and all work on the project that is subject to the permit, license or approval until the violation is corrected. The notice to correct shall be served in accordance with the provisions of Section 1.09.027. (Ord. 846 § 2 (part), 1996)

1.09.024 Notice of administrative violation.

A notice of administrative violation may be issued under any of the following circumstances:

A.    When the violation cannot be corrected;

B.    When the violation can be corrected, a notice to correct has been served, and the specified time has passed without adequate correction of the violation;

C.    When a stop order has been issued and has not been complied with by the responsible person;

D.    When the same violation has been committed by the same responsible person within the past 12 months and a notice to correct or notice of administrative violation has been served on the responsible person within that same 12 month period.

The notice of administrative violation shall be in writing and shall set forth the facts constituting the violation, the specific provisions of the law which have been violated, the proposed sanctions for the violation as specified in Section 1.09.013 of this chapter, and the rights that the responsible person has to appeal the notice of administrative violation. The notice of administrative violation shall be served as provided in Section 1.09.027. (Ord. 846 § 2 (part), 1996)

1.09.025 Right of entry for inspection.

A.    Whenever necessary to make an inspection to enforce the Folsom Municipal Code or other applicable laws, or whenever there is reasonable cause to believe there exists a violation of the Folsom Municipal Code or other applicable laws in any building or upon any premises within the jurisdiction of the city, any authorized official of the city may, upon presentation of proper credentials, enter such building or premises at all reasonable times (as that phrase is defined in Section 1.08.020(k) of this title) to inspect the same or to perform any duty imposed by the Folsom Municipal Code or other applicable laws.

B.    Except in emergency situations or when consent of the owner and/or occupant of the building or premises to be inspected has been obtained, the city official shall give the owner and/or occupant, if they can be located after reasonable effort, 24 hours written notice of the authorized official’s intention to inspect through a notice of intention to inspect. The notice of intention to inspect shall state that the property owner has the right to refuse entry and, that in the event such entry is refused, inspection may be made only upon issuance of an administrative warrant or search warrant as allowed by law by a duly authorized judge.

C.    The written notice of intention to inspect shall be served by certified mail, return receipt requested. Where the authorized official intends to inspect within the next 24-hour period, the written notice shall be hand delivered. The notice of intention to inspect may be left with any person above the age of 18 who identifies himself/herself as an occupant, tenant or owner of the premises. If no one is at the premises at the time of delivery, the notice of intention to inspect shall be posted in 2 conspicuous places on the premises.

D.    Prior to entering the premises, the authorized official conducting the inspection shall ascertain from the owner and/or occupant whether the notice of intention to inspect has been received and shall obtain permission for entry. Unless an emergency situation exists, if the owner and/or occupant refuses entry after such a request has been made, or if no actual contact is made with the owner and/or occupant prior to the attempt to enter, the official must seek assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 846 § 2 (part), 1996)

1.09.026 Informal attempts to encourage compliance.

Nothing in this chapter shall be interpreted to preclude an enforcement authority from informally encouraging citizens to comply with the Folsom Municipal Code or other applicable laws. Informal oral or written requests to encourage compliance are encouraged as are attempts to informally negotiate or mediate issues relating to compliance. (Ord. 846 § 2 (part), 1996)

1.09.027 Service of notices.

Any notices required under this chapter except a notice of intention to inspect pursuant to Section 1.09.025 shall be served by personal delivery to the responsible person or by certified mail, return receipt requested, to the last known address of the responsible person. If the responsible person is not present for personal delivery, if certified mail is refused, or if the location of a responsible person cannot be determined after diligent efforts, notices may be posted in a conspicuous place on the affected property for a period of 10 calendar days and by mailing first class to the last known address. When there is no affected property, such alternative service shall be accomplished by publication of any notices in a newspaper of general circulation that is most likely to give actual notice to the responsible person 2 times in a 10-day period and by mailing first class to the last known address. (Ord. 846 § 2 (part), 1996)

1.09.028 Responsibility of parent(s) and/or legal guardian.

Whenever the responsible person is a person under the age of 18, the enforcement authority shall provide copies of all notices and orders specified in this title to the parent(s) and/or legal guardian. Any administrative sanctions levied under this chapter may be levied against the juvenile and the parent(s) and/or legal guardian of the juvenile. The parent(s) and/or legal guardian shall have the right to a hearing and judicial review as set forth in this chapter. In addition to any other defenses that may be raised to the administrative violation, the parent(s) or legal guardian may raise a defense that the parent(s) or legal guardian have exercised good faith efforts to control the behavior of the minor but have been unsuccessful in achieving such control. (Ord. 846 § 2 (part), 1996)

1.09.029 Confidentiality in connection with citizen complaints.

The city shall take all reasonable steps to ensure that the identity of any person making a complaint to the city concerning a violation of the Folsom Municipal Code or other applicable laws shall remain confidential. However, no enforcement action shall be taken beyond issuance of a notice of correction unless: (1) the complaining witness agrees to be identified upon request of the responsible person, or (2) the enforcement authority has developed sufficient independent evidence to proceed with a notice of administrative violation. (Ord. 846 § 2 (part), 1996)

Article III. Hearings

1.09.030 Right to a hearing.

Any person charged with an administrative violation who has been served with a notice to correct, stop order or notice of administrative violation and who wishes to contest the violation or the proposed sanction may request a hearing by filing a request for hearing within 10 calendar days of date of the service of the notice to correct, stop order or notice of administrative violation. (Ord. 846 § 2 (part), 1996)

1.09.031 Preservation of status quo pending hearing.

Any stop order issued pursuant to Section 1.09.023 shall remain in effect until the time of the hearing and any subsequent judicial review. Any additional compliance obligations that may be imposed as the result of a notice to correct, stop order or notice of administrative violation shall also be stayed if a timely request for hearing is filed and until a final decision after the hearing is completed unless an emergency situation affecting the safety or preservation of life or property exists. The enforcement authority shall provide written justification for invoking an emergency situation exception under this section to the responsible person within 24 hours of taking the action to correct the emergency situation. (Ord. 846 § 2 (part), 1996)

1.09.032 Request for hearing and fee—Notice of denial of hearing based on untimely appeal.

The request for hearing shall be filed with the city clerk on a form provided by the city clerk and shall include reference to the notice which is being appealed, shall state all of the grounds for the appeal, and shall be accompanied by payment of: (1) an amount not to exceed $500 as security for payment of the proposed administrative sanction; and (2) a hearing fee. The city clerk shall not accept any request for hearing unless it is accompanied by the hearing fee and the required security for administrative sanction. The amount of the hearing fee shall be established from time to time by resolution of the city council. The amount of the security for the administrative sanction shall be the amount of the maximum sanction specified in the notice of violation, or $500, whichever is less. If the city clerk determines that the request for a hearing is untimely, the city clerk shall advise the responsible person of that determination in writing and shall mail a notice of denial of hearing based on untimely appeal to the responsible person by first class mail. The responsible person shall then have the right to judicial review of that determination as provided for in Sections 1.09.050 through 1.09.059 of this chapter. Upon a showing of good cause for the delay in filing a request for hearing, the city clerk may refer the issue of the right to an appeal to an administrative hearing pursuant to the procedures set forth in this chapter. The hearing officer shall determine whether there was good cause for the delay in filing the request for hearing before proceeding to the merits of the appeal. (Ord. 846 § 2 (part), 1996)

1.09.033 Meeting with enforcement authority.

Persons charged with a violation of the Folsom Municipal Code or other applicable laws are encouraged to meet with the enforcement authority and/or the appropriate department head or his/her designee prior to requesting a hearing to seek resolution of the matter. Such a meeting may be requested before or after the request of hearing is filed, but a request for the meeting shall not extend the time for filing the request for hearing. (Ord. 846 § 2 (part), 1996)

1.09.034 Mediation.

With the filing of a request for a hearing or at any time before a hearing, the enforcement authority or a responsible person may request that an impartial mediator be appointed to help resolve the issues relating to the charged violation and/or proposed sanctions. The purpose of the mediation shall be to provide an opportunity for the enforcement authority and a responsible person to reach mutual agreement upon steps to achieve compliance with the Folsom Municipal Code or other applicable laws. If the enforcement authority agrees to mediation, the city clerk shall appoint a volunteer mediator to assist in the resolution of the dispute. The hearing may be postponed until completion of the mediation if both parties agree to the postponement. The city will solicit members of the community to act as volunteer mediators and shall provide them with training in mediation skills. Mediators will not receive compensation but shall be recognized publicly for their service to the community. If the enforcement authority and the responsible person reach agreement on a compliance plan, that agreement shall be placed in writing and shall be signed by the enforcement authority, the responsible person and the mediator. If the terms of the agreement are violated, the enforcement authority shall serve a notice of administrative violation as provided for in Section 1.09.024 of this chapter. (Ord. 846 § 2 (part), 1996)

1.09.035 Timely hearing.

The hearing shall be held within 30 calendar days of the filing of a request for hearing unless both parties agree to a postponement of the hearing or the hearing officer rules that there is good cause to postpone the hearing. After the hearing has started, it may be continued with the consent of all parties or upon a showing of good cause for such continuance. (Ord. 846 § 2 (part), 1996)

1.09.036 Notice of time and place of hearing.

The city clerk shall mail to all parties written notice of the time and place of the hearing at least 10 calendar days prior to the date set for the hearing. Such notice shall also include a description of the rights of the parties in the hearing. Hearings shall be conducted in the city. (Ord. 846 § 2 (part), 1996)

1.09.037 Hearing officer.

The city clerk shall appoint an impartial hearing officer for each hearing who may be an employee of the city or a person whose services are acquired by contract with the hearing officer or some public or private agency. The person appointed to conduct the hearing shall not have had within the past 12 months any responsibility for the investigation, prosecution or enforcement of the provision of the Folsom Municipal Code or other applicable laws at issue in the hearing and shall not have had any personal involvement in the case to be heard. (Ord. 846 § 2 (part), 1996)

1.09.038 Ex parte communications.

The hearing officer shall have no communications with any party, any city employee or official, or any potential witness concerning the substance of the case. Having such communications outside the presence of a party may be grounds for disqualification of the hearing officer from conducting the hearing. All communications concerning the case between the hearing officer and any person shall be revealed to the parties in the matter. (Ord. 846 § 2 (part), 1996)

1.09.039 Rights of the parties.

The parties to a hearing shall have the following rights:

A.    Timely and adequate notice of the time and place of the hearing, their rights during the hearing and the issues that are to be the subject of the hearing;

B.    The right to present evidence and witnesses;

C.    The right to present argument;

D.    The right to be presented. The representative need not be an attorney;

E.    The right to open disclosure of all evidence presented to the hearing officer in the case;

F.    The right to confront and cross-examine adverse witnesses;

G.    The right to subpoena witnesses or documents;

H.    The right to a verbatim record of the hearing;

I.    The right to a decision based upon the evidence in the record of the hearing;

J.    The right to an impartial hearing officer;

K.    The right to a written decision setting forth the reasons for the decision and the evidence relied upon. (Ord. 846 § 2 (part), 1996)

1.09.040 Hearing procedure.

The hearing shall be informal and the hearing officer will have an affirmative obligation to seek the truth concerning the issues in the hearing. The hearing officer may ask questions of any witness and may establish the procedure for the presentation of evidence. The hearing officer may, on his or her own motion, call or subpoena a witness. The hearing officer may order the exclusion of witness during the testimony of other witnesses. (Ord. 846 § 2 (part), 1996)

1.09.041 Hearing open to the public.

All hearings provided under this chapter shall be open to the public and press. (Ord. 846 § 2 (part), 1996)

1.09.042 Oath.

All testimony shall be given under oath. Hearing officers have the authority to administer such oaths. (Ord. 846 § 2 (part), 1996)

1.09.043 Quantum and burden of proof.

All facts must be established by a preponderance of the evidence. The enforcement authority will have the burden to prove that a violation occurred and that the proposed sanction is appropriate. The enforcement authority shall be required to present its case first. (Ord. 846 § 2 (part), 1996)

1.09.044 Rules of evidence.

The rules of evidence adopted by state or federal law shall not apply. All relevant evidence shall be admissible and hearsay evidence may be used for the purpose of supplementing and explaining other evidence. (Ord. 846 § 2 (part), 1996)

1.09.045 Subpoenas.

The hearing officer shall have the authority to issue subpoenas (order to appear and give testimony) and subpoenas duces tecum (order to produce document(s) or paper(s)). The hearing officer may only issue subpoenas and subpoenas duces tecum upon a showing of reasonable necessity by the requesting party. (Ord. 846 § 2 (part), 1996)

1.09.046 Record of the hearing.

The hearing shall be tape recorded and a copy of the recording will be provided to anyone requesting a copy upon the payment of a fee set from time to time by resolution of the city council to cover the cost of duplication. (Ord. 846 § 2 (part), 1996)

1.09.047 Written transcript.

Any person, including a party, may request a typed written transcript of the hearing but the requesting person will be responsible for the cost of transcription, including an administrative fee. An estimate will be provided of the cost of the transcription and the person requesting the transcript will be required to deposit an amount equal to that estimate before transcription will be started. If the cost of the transcription is greater than the estimate, the person requesting the transcript will be required to pay the additional cost before the transcript is provided. If the actual cost of transcription is less than the estimate, the city will refund the difference. (Ord. 846 § 2 (part), 1996)

1.09.048 Written decision.

The hearing officer shall prepare and forward to the parties a written decision within 30 calendar days of the close of the hearing. The decision shall be mailed by first class mail. If the hearing officer grants the appeal, the hearing officer shall have the discretion to refund the fee charged to the responsible person for the appeal. (Ord. 846 § 2 (part), 1996)

Article IV. Judicial Review

1.09.050 Final administrative decision.

The decision of the hearing officer shall constitute the final administrative decision and shall not be appealable to the city council or any committee or commission of the city. (Ord. 846 § 2 (part), 1996)

1.09.051 Judicial review.

Appeal shall be through judicial review of the final administrative decision by filing a petition for a writ of mandate with the Superior Court in accordance with the provisions of Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Such writs must be filed within 90 calendar days from the date of the final administrative decision. (Ord. 846 § 2 (part), 1996)

1.09.052 Review standard.

The court may not change the findings of fact of the hearing officer unless there is no substantial evidence to support those findings. (Ord. 846 § 2 (part), 1996)

Article V. Enforcement of Monetary Sanctions

1.09.060 When monetary sanctions are due.

Monetary sanctions levied against a responsible person are due at the following times:

A.    If a request for hearing is not filed in relation to the notice of administrative violation, the monetary sanction set out in the notice shall be due and payable 10 calendar days after service of the notice of administrative violation.

B.    If a request for hearing is filed within the time limits proscribed by Section 1.09.030 and there is no appeal of the hearing decision to the court pursuant to Section 1.09.051, the monetary sanction shall be due and payable 90 calendar days after the date of a hearing decision, an order by the hearing officer dismissing the request for hearing, or the date the hearing request is withdrawn by the responsible party. The amount of sanction payable shall be the amount set by the hearing officer in a decision after hearing, or the amount set forth in the notice of administrative violation if there is no hearing decision.

C.    If there is judicial review of the hearing decision pursuant to Section 1.09.051, the monetary sanction shall be due and payable 30 calendar days after the date of the final court order in relation to that review. The amount due shall be the amount ordered by the hearing officer unless a court modifies the amount of monetary sanction. (Ord. 846 § 2 (part), 1996)

1.09.061 Place for payment of monetary sanction.

All monetary sanctions shall be paid to the city and delivered to the finance department of the city. All payments shall be accompanied by a copy of the notice of administrative violation, or the decision of the hearing officer or the court decision establishing the amount of the monetary sanction. The finance department shall prepare a receipt documenting the payment of the monetary sanction and shall forward one copy of the receipt to the enforcement authority and one copy of the receipt to the city clerk. The city clerk shall thereafter verify that the sanction has been paid in full. If the sanction has been paid in full, the city clerk shall so note in the records pertaining to the administrative violation. If the sanction has not been paid in full, the city clerk shall notify the enforcement authority and responsible person in writing. (Ord. 846 § 2 (part), 1996)

1.09.062 Failure to pay a monetary sanction.

If the responsible party does not pay the monetary sanction within the times provided under Section 1.09.060, or if the responsible party fails to pay the required monetary sanction in full within the times provided under Section 1.09.060, any unpaid portion shall bear interest at the rate of 10 percent per annum from the date such payment was due until paid in full and the city may take any of the following actions to collect the monetary sanction.

A.    Liens. The amount of the unpaid sanction plus interest plus a reasonable administrative fee established by the city council from time to time to cover the cost of collection constitutes and may be declared a lien on any real property owned by the responsible party within the city.

1.    Notice shall be given to the responsible party prior to the recordation of the lien, and shall be served in the same manner as a summons in a civil action pursuant to Article 3, (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.

2.    The lien shall attach when the city manager or his/her designee records a lien listing delinquent unpaid sanctions with the Sacramento County recorder’s office. The lien shall specify the amount of the lien, the date of the code violation(s), the date of the final administrative 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 recorded owner of the parcel.

3.    In the event that the lien is discharged, released or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in subsection (A)(1) of this section shall be recorded by the city clerk.

B.    Special Assessments. The amount of the unpaid sanction plus interest plus a reasonable administrative fee established by the city council from time to time to cover the cost of collection may be declared a special assessment against any real property owned by the responsible person within the city to the extent the responsible person owns more than one parcel within the city. The city council may impose the special assessment on more than one parcel. However, the amount of the assessment shall not exceed the penalty imposed for the administrative violation. The city manager/or his/her designee may present a resolution to the city council to declare a special assessment, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the Sacramento County recorder’s office. The assessment may then be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subjected to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.

C.    Withholding Entitlements. The city may withhold issuance of licenses, permits and other entitlements to a responsible person until payment is received.

D.    Other Enforcement Procedures. 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 Sections 680.010, et seq. (Ord. 846 § 2 (part), 1996)