Chapter 1.25
ADMINISTRATIVE CITATIONS
Sections:
1.25.030 Administrative Citation
1.25.035 Building And Zoning Violations--Opportunity To Correct
1.25.070 Advance Deposit Hardship Waiver
1.25.100 Hearing Officer’s Decision
1.25.120 Recovery Of Administrative Citation Fines And Costs
1.25.125 Right To Judicial Review
1.25.010 Applicability:
A. This chapter provides for administrative citations that are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this code.
B. Use of this chapter shall be at the sole discretion of the city. (Ord. 454 §1(Exh. A), 2004)
1.25.020 Definitions:
For purposes of this chapter:
A. "Chief building official" shall mean the chief building official as designated by the city of Greenfield.
B. "Enforcement officer" shall mean any city employee or agent of the city with the authority to enforce any provision of this code.
C. "Finance director" shall mean the finance director of the city of Greenfield.
D. "Hearing officer" shall mean that person designated by the city manager.
E. "Responsible person" means a person that the enforcement officer determines is responsible for causing or maintaining a violation of this code. The term "responsible person" includes, but is not limited to, a property owner, tenant, person with a legal interest in real property, or person in possession of real property. (Ord. 454 §1(Exh. A), 2004)
1.25.030 Administrative Citation:
A. Whenever an enforcement officer charged with the enforcement of any provision of this code determines that a violation of that provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.
B. Each administrative citation shall be issued on a form approved by the city attorney and shall contain the following information:
1. The date of the violation or, if the date of the violation is unknown, then the date the violation is identified;
2. The address or a definite description of the location where the violation occurred;
3. The section of this code violated and a description of the violation;
4. The amount of the fine for the code violation;
5. If applicable, the action necessary to correct the violation;
6. If applicable, a requirement that the person responsible immediately correct the violation, and an explanation of the consequences of failure to correct the violation;
7. If applicable, a reasonable correction period, prior to imposition of the fine, pursuant to section 1.25.035 of this chapter;
8. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;
9. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;
10. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained;
11. The name and signature of the citing enforcement officer;
12. To the extent possible, the signature of the responsible person, if he or she can be located. If the responsible person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent proceedings. (Ord. 454 §1(Exh. A), 2004)
1.25.035 Building And Zoning Violations--Opportunity To Correct:
If the violation pertains to a building, plumbing, electrical, or other similar structural or zoning matter that does not create an immediate danger to health or safety, the enforcement officer shall afford the person responsible for the continuing violation a reasonable period, not less than five (5) days, to correct or otherwise remedy the violation prior to the imposition of administrative fines.
The citee of a violation under this section may request an extension of the correction period provided that a request is filed with the chief building official before the correction period ends. The chief building official may, in his or her discretion, grant a reasonable extension of the correction period if the citee has supplied adequate evidence demonstrating that the correction cannot reasonably be made within the correction period. The chief building official’s decision shall be in writing and is final. The filing for such an extension does not, unless granted, extend the correction period or any other time periods set by this chapter. (Ord. 454 §1(Exh. A), 2004)
1.25.040 Amount Of Fines:
A. The amounts of the fines for code violations imposed pursuant to this chapter shall be set forth in the schedule of fines established by resolution of the city council.
B. The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person within thirty six (36) months from the date of an administrative citation.
C. The schedule of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date. (Ord. 454 §1(Exh. A), 2004)
1.25.050 Payment Of Fines:
A. The fine shall be paid to the city within thirty (30) days from the date of the administrative citation.
B. Any administrative citation fine paid pursuant to subsection A of this section shall be refunded in accordance with section 1.25.100 of this chapter if 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. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation. (Ord. 454 §1(Exh. A), 2004)
1.25.060 Hearing Request:
A. Any recipient of an administrative citation may contest that there was a violation of this code or that he or she is the responsible party by completing a request for hearing form and returning it to the city within thirty (30) days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to section 1.25.070 of this chapter.
B. A request for hearing form may be obtained from the department specified on the administrative citation.
C. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.
D. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall also be served on the person requesting the hearing at least five (5) days prior to the date of the hearing. (Ord. 454 §1(Exh. A), 2004)
1.25.070 Advance Deposit Hardship Waiver:
A. Any person who intends to request a hearing to contest that there was a violation of this code or that he or she is the responsible party and who is financially unable to make the advance deposit of the fine as required in subsection 1.25.060A of this chapter may file a request for an advance deposit hardship waiver.
B. The request shall be filed with the finance department on an advance deposit hardship waiver application form, available from the finance department, within fifteen (15) days of the date of the administrative citation.
C. The requirement of depositing the full amount of the fine as described in subsection 1.25.060A of this chapter shall be stayed unless or until the director of finance makes a determination not to issue the advance deposit hardship waiver.
D. The finance director may waive the requirement of an advance deposit set forth in subsection 1.25.060A of this chapter and issue the advance deposit hardship waiver only if the cited party submits to the director a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the director the person’s actual financial inability to deposit with the city the full amount of the fine in advance of the hearing.
E. If the finance director determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within ten (10) days of the date of that decision or thirty (30) days from the date of the administrative citation, whichever is later.
F. The finance director shall issue a written determination listing the reasons for his or her determination to issue or not issue the advance deposit hardship waiver. The written determination of the director shall be final.
G. The written determination of the finance director shall be served upon the person who applied for the advance deposit hardship waiver. (Ord. 454 §1(Exh. A), 2004)
1.25.080 Hearing Officer:
The city manager shall designate the hearing officer for the administrative citation hearing. (Ord. 454 §1(Exh. A), 2004)
1.25.090 Hearing Procedure:
A. No hearing to contest an administrative citation before a hearing officer shall be held unless the fine has been deposited in advance in accordance with section 1.25.060 of this chapter or an advance deposit hardship waiver has been issued in accordance with section 1.25.070 of this chapter.
B. A hearing before the hearing officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this chapter.
C. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.
D. The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.
E. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
F. The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision. (Ord. 454 §1(Exh. A), 2004)
1.25.100 Hearing Officer’s Decision:
A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final.
B. If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city.
C. If the hearing officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fine.
D. If the hearing officer determines that the administrative citation should be canceled and the fine was deposited with the city, then the city shall promptly refund the amount of the deposited fine, together with interest at the average rate earned on the city’s portfolio for the period of time that the fine amount was held by the city.
E. The recipient of the administrative citation shall be served with a copy of the hearing officer’s written decision. (Ord. 454 §1(Exh. A), 2004)
1.25.110 Late Payment Charges:
Any person who fails to pay to the city any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines. (Ord. 454 §1(Exh. A),2004)
1.25.120 Recovery Of Administrative Citation Fines And Costs:
The city may collect any past due administrative citation fine or late payment charge by use of all available legal means. The city also may recover its collection costs, including, but not limited to, administrative costs and attorney fees. Such collection costs shall be in addition to any penalties, interest, and state charges imposed pursuant to an ordinance or resolution of the city council. (Ord. 454 §1(Exh. A), 2004)
1.25.125 Right To Judicial Review:
Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the municipal court, or superior court if there is no municipal court, in Monterey County in accordance with the time lines and provisions set forth in California Government Code section 53069.4. (Ord. 454 §1(Exh. A), 2004)
1.25.130 Notices:
A. The administrative citation and all notices required to be given by this chapter shall be served on the responsible party by personal delivery thereof to the person to be notified or by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to such person to be notified at his last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.
B. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder. (Ord. 454 §1(Exh. A), 2004)