CHAPTER 1.12
ADMINISTRATIVE CITATIONS AND PENALTIES
Section
1.12.050 Nonexclusivity and election of proceedings
1.12.060 Recordation of notice of violation
1.12.070 Administrative penalty – Amounts
1.12.080 Citation for violation of the code
1.12.100 Appeal of an administrative citation
Statutory reference:
For statutory provisions authorizing cities to impose fines up to $500.00 or imprisonment up to 6 months, or both, see Cal. Government Code § 36901
1.12.010 FINDINGS AND PURPOSE.
The City Council finds and declares all of the following:
A. The enforcement of the Fort Bragg Municipal Code is an important public service and is vital to the protection of the public’s health, safety and quality of life.
B. There is a need to establish various mechanisms for the remediation of violations of City ordinances.
C. Traditional methods of code enforcement through civil litigation and criminal prosecution can be time-consuming and ineffective.
D. Enforcing the Fort Bragg Municipal Code through administrative citations enhances the City’s ability to recover its costs and maintain the integrity of the code enforcement system. It also improves the City’s ability to impose and collect penalties from violators, which helps to deter future violations.
E. Pursuant to Cal. Government Code § 53069.4, the City Council elects to create a system of administrative citations and hearings to ensure prompt and responsive compliance with the Fort Bragg City Code and state law.
(Ord. 982, § 2, passed 10-11-2022)
1.12.020 CITATION.
This chapter shall be referred to as the “Fort Bragg City Administrative Citation Ordinance.”
(Ord. 982, § 2, passed 10-11-2022)
1.12.030 DEFINITIONS.
The definitions set forth in §§ 1.04.010 and 1.06.030 apply in addition to the following:
A. “Administrative code enforcement remedies” means administrative abatement, summary abatement, administrative citations, and administrative civil penalties as provided in this code; and recordation of any notice, including notice of pendency of administrative proceeding, to the property owner and all other interested parties of violations of any provisions contained in this code.
B. “Administrative costs” means all costs incurred by or on behalf of the City from the first discovery of the violation of the code through the appeal process and until compliance is achieved, including, but not limited to, staff time in investigating the violation, inspecting the property where the violation occurred, preparing investigation reports, sending notices, preparing for and attending any appeal hearing, attorneys’ fees, and fees paid to the Hearing Officer. “Administrative cost” shall not mean the administrative citation fines and the administrative civil penalties assessed pursuant to this chapter. “Administrative costs” shall not mean late payment charges that accrue, or collection costs incurred, as a result of unpaid administrative citation fines.
C. “Citation” or “administrative citation” means a civil citation issued pursuant to this chapter stating that there has been a violation of one (1) or more provisions of the code and setting the amount of the administrative penalty to be paid by the responsible party.
D. “Department” means the City department that issued the citation.
E. “Enforcement Officer” shall mean any City employee or officer of the City with the authority to enforce any provision of this code, or such employee’s or officer’s designee.
(Ord. 982, § 2, passed 10-11-2022)
1.12.040 SCOPE OF CHAPTER.
A. This chapter may be used by any officer, agent or employee of the City who is authorized to enforce this code, or any noncodified City ordinance or law.
B. Use of this chapter for the enforcement of code provisions shall be at the sole discretion of the City, its officers, agents and employees.
C. This chapter may be utilized to the extent that the provisions herein do not conflict with due process or any other law.
D. This chapter shall not apply to the extent that other provisions of the code, or other applicable local, state or federal law, provide an exclusive remedy.
(Ord. 982, § 2, passed 10-11-2022)
1.12.050 NONEXCLUSIVITY AND ELECTION OF PROCEEDINGS.
This chapter provides for enforcement proceedings that are supplemental to all other enforcement proceedings provided elsewhere in the code, or by state or federal law, whether administrative, civil or criminal in nature. As such, the provisions of this chapter may be utilized alone or in conjunction with other provisions of the code to enforce all the provisions of the code. This chapter shall not apply to the extent that other provisions of the code state an exclusive remedy within a particular title or chapter. Election to employ one (1) or more proceedings provided in this chapter shall be at the sole discretion of the City, and shall be without prejudice to the City choosing to also proceed simultaneously or subsequently by pursuing different enforcement proceedings with respect to the same violation.
(Ord. 982, § 2, passed 10-11-2022)
1.12.060 RECORDATION OF NOTICE OF VIOLATION.
A. Whenever a person authorized by the City issues a citation or notice regarding a violation of this code that relates to real property, the City may record a notice with the Mendocino County Recorder pursuant to the provisions in this section.
B. The provisions of this section do not limit or otherwise restrict the recording of notices that are permitted to be recorded by some other authority, such as a different ordinance or statute.
C. The notice of violation to be recorded shall:
1. Specify the names of the record owners;
2. Describe the real property; and
3. Describe the violations on the property.
D. At least thirty (30) days prior to recording such notice the City shall advise the owner or owners of the property to be affected by the notice of violation about the City’s intent to record the notice of violation.
1. Such advisement about the City’s intent to record shall be provided to the owner(s) in writing, and may be served on the owner(s) in person, or by first class mail, postage prepaid.
2. If service is made by mail, the City may use the address as reported on the latest equalized assessment roll, and the notice shall not be recorded until after at least thirty-five (35) days from the date of mailing.
E. The notice of intent to record shall specify a date certain, prior to recordation, on or before which evidence and/or arguments may be presented or submitted to the issuing department as to why the notice of violation should not be recorded.
F. Evidence that is timely submitted or presented to the issuing department shall be reviewed and considered by the issuing department, and the department’s written response shall become the final administrative determination.
G. If evidence is not timely presented or submitted as to why a notice should not be recorded, then the owner(s) and any other responsible party(ies) waive their right to administrative review, and the notice of intent to record will become the final administrative determination.
H. After issuance of the notice of intent to record, the notice of violation may be recorded immediately after the requisite time period has expired if evidence was not timely presented or submitted, and if evidence was timely presented or submitted, such notice of violation may be recorded after the department’s written response and after expiration of the requisite time period.
(Ord. 982, § 2, passed 10-11-2022)
1.12.070 ADMINISTRATIVE PENALTY – AMOUNTS.
A. Any responsible party violating any provision of the code, any noncodified ordinance or other Fort Bragg City law, or any law that is specifically adopted or otherwise incorporated into the code, may be issued an administrative citation by an Enforcement Officer in accordance with the provisions of this chapter.
B. Each and every day a violation of the provisions of the code exists constitutes a separate and distinct offense.
C. The Enforcement Officer may issue a citation for a violation not committed in the official’s presence, if the Enforcement Officer has determined through investigation that the responsible party did commit or is otherwise responsible for the violation.
D. A civil fine shall be assessed by means of an administrative citation issued by the Enforcement Officer and shall be payable directly to the City of Fort Bragg.
E. Unless otherwise provided for in this chapter or elsewhere in the code, the amount of the fine for each violation shall be:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same code provision within one (1) year from the date of the first violation;
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same code provision within one (1) year from the date of the first violation.
F. Unless otherwise provided for in this chapter or elsewhere in the code, the amount of the fine for each violation of any local building or safety code shall be:
1. A fine not exceeding one hundred thirty dollars ($130.00) for a first violation;
2. A fine not exceeding seven hundred dollars ($700.00) for a second violation of the same code provision within one (1) year from the date of the first violation;
3. A fine not exceeding one thousand three hundred dollars ($1,300) for each subsequent violation of the same code provision within one (1) year from the date of the first violation.
G. If the maximum fines allowed to be charged by Cal. Government Code § 36900 for violations that are infractions increases or decreases, then the revised amounts allowed or permitted by California state law shall automatically apply to subsections (E) and (F) of this section, as of the effective date of the change in state law, for all offenses for which a different penalty has not otherwise been provided by this code.
H. Whenever the City finds that a person is maintaining a public nuisance as defined by this code or a noncodified Fort Bragg City ordinance, such maintenance of the public nuisance is a violation of this code and may be enforced by imposition of administrative penalties pursuant to the provisions of this chapter as an additional or alternative enforcement mechanism.
I. The administrative penalty shall become effective immediately upon service of the administrative citation. Failure to correct a violation within twenty-four (24) hours of service of a citation, unless the citation indicates a longer period of time, may result in the issuance of a subsequent citation or citations, which may impose a higher penalty or penalties.
J. If a citation indicates that penalties will accrue daily, then for each twenty-four (24) hour period that the violation remains uncorrected, an additional penalty will be imposed as stated in the citation, for up to ninety (90) days.
K. A citation will have the following effects if it is issued for an uncorrected violation for which a citation had previously been issued:
1. The penalty imposed by the new citation will take effect on the day it is served;
2. If a penalty had been accruing daily as a result of the prior citation, then the prior penalty imposed will cease to accrue upon imposition of the new citation.
L. A penalty imposed by a citation for a single occurrence shall become due immediately upon service of the citation, and shall be paid to the City no later than thirty (30) days after service of the citation unless otherwise agreed to by the City.
M. A penalty imposed by a citation that specifies a daily accrual amount shall become due on the first day that the penalties no longer accrue – the earlier of either the violation being confirmed by the City as corrected, the service of a subsequent citation for the same recurring violation, or the expiration of ninety (90) days after service of the citation; such penalty due shall be paid to the City no later than thirty (30) days after the penalty becomes due unless otherwise agreed to by the City.
N. Rescission and Modification of Citation.
1. The daily accrual of penalties associated with an issued citation may be paused by the department if such pause is part of a strategy to obtain code compliance.
2. A citation, along with any associated monetary penalty, may be rescinded and voided by the director of the department, or authorized designee, if done for the purpose of correcting a mistake by the City, or as part of a strategy to obtain code compliance.
3. Citation penalties may be reduced by informal agreement with the responsible party by the director of the department, or authorized designee, if such reduction is part of a strategy to obtain code compliance. However, in the absence of City Council approval, such informal reduction may not exceed twenty-five thousand dollars ($25,000).
(Ord. 982, § 2, passed 10-11-2022)
1.12.080 CITATION FOR VIOLATION OF THE CODE.
A. Pursuant to Cal. Government Code § 53069.4(a)(2)(A), when a code violation involves a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues, which also does not create an immediate danger to health or safety, the Enforcement Officer shall first provide the responsible party notice of the violation and a reasonable amount of time to correct or otherwise remedy the violation. A Code Enforcement Officer may determine a reasonable time based on the type of violation and the particular circumstances; however, the provision of thirty (30) days to correct a violation will be considered reasonable in the absence of a showing by the responsible party that a longer period of time was necessary. At minimum, the notice of a violation must provide sufficient notice to the responsible party of the violation and the time permitted to correct the violation.
B. The administrative citation shall be issued on a form containing:
1. The name and address of the responsible party;
2. The date, approximate time, and address or definite description of the location where the violation was observed;
3. The code sections or provisions violated and a description of the violation as needed;
4. The amount of the fine imposed;
5. A statement explaining how, where, to whom, and within what number of days the penalty shall be paid;
6. Identification of appeal rights, including the time within which the administrative citation may be contested and how to request a hearing and/or the process to submit a request for hearing with advance deposit hardship waiver to contest the citation;
7. The signature of the Enforcement Officer issuing the citation along with the date of issuance of the citation; and
8. Any other information deemed necessary or appropriate by the Enforcement Officer.
C. The administrative citation shall be served upon the responsible party pursuant to § 1.12.090.
D. Upon receipt of a citation, the responsible party shall correct the violations and pay the fine to the issuing department, or file a written request for appeal of the citation pursuant to the provisions in this chapter.
E. Payment of the fine shall not excuse or discharge the responsible party from correcting the violation nor shall it bar further enforcement action by the City. If the responsible party fails to correct the violation, subsequent administrative citations may be issued for maintaining, continuing or repeating the same violation. The amount of the fine for subsequent violations shall increase at a rate specified in this chapter.
(Ord. 982, § 2, passed 10-11-2022)
1.12.090 SERVICE PROCEDURES.
A. An administrative citation shall be served on the responsible party by an Enforcement Officer in one (1) of the following ways:
1. Personal service; or
2. First class mail, postage prepaid, to the responsible party’s mailing address as shown on the City’s last equalized property tax assessment rolls, if such address is available, or otherwise to the last known address of the responsible party; or
3. Posting the administrative citation conspicuously on or in front of the property which is the subject of the violation and mailing a copy of the notice to the responsible party by first class mail. This method of service is only effective if personal service fails, but posting may be done in addition to the service under subsection (A)(1) or (2) of this section.
4. Alternative Service. If the person being served agrees, service may be accomplished in any agreeable manner, including but not limited to fax, email, or overnight delivery.
B. The date of service shall be the date on which the citation is either personally served, mailed, posted, or in the case of alternative service, the date the City initiates the delivery of the agreed method of service. For the purpose of this section, “mailed” means deposited for mailing with the United States Postal Service, or placed for collection and mailing by way of the City department’s ordinary business practices through which mail is collected and placed for mailing with the United States Postal Service, with postage prepaid.
C. The time in which an act is to be performed according to law, which is based on the service date described in this section, shall be extended by five (5) days if the service was provided by either mailing or posting.
(Ord. 982, § 2, passed 10-11-2022)
1.12.100 APPEAL OF AN ADMINISTRATIVE CITATION.
An appeal of a citation shall follow the procedures set forth in Chapter 1.08.
(Ord. 982, § 2, passed 10-11-2022)
1.12.110 HARDSHIP WAIVER.
A. Any responsible party who is issued a second, third, or other subsequent citation pursuant to § 1.12.070(E) or (F) may seek a financial hardship waiver to reduce the penalty amount imposed by the citation.
B. An appellant may apply for a hardship waiver by identifying their hardship as grounds for contesting the administrative citation, and by following the procedures in this chapter to contest the citation.
C. Such hardship waiver may be granted upon a showing by the responsible party that:
1. The responsible party has made a bona fide effort to comply after the first violation; and
2. Payment of the full amount of the fine would impose an undue financial burden on the responsible party.
(Ord. 982, § 2, passed 10-11-2022)