Chapter 2.56
ADMINISTRATIVE CITATION PROCESS
Sections:
2.56.010 Statement of purpose and intent.
2.56.030 General enforcement authority.
2.56.040 Service of administrative citations.
2.56.050 Administrative citation procedures.
2.56.060 Contents of citation.
2.56.070 Authority to inspect.
2.56.080 Notice of pending administrative enforcement action.
2.56.090 Remedies not exclusive.
2.56.100 Administrative citations.
2.56.110 Administrative citation fines and penalties assessed.
2.56.120 Failure to pay administrative citation penalties.
2.56.130 Appeal of administration citation.
2.56.140 Administrative costs.
2.56.150 Qualifications of the appellate boards.
2.56.010 Statement of purpose and intent.
A. The city council has determined that the enforcement of the municipal code and applicable state codes throughout the city is an important public service and is vital to the protection of the public’s health, safety and quality of life. The city council has determined that there is a need for alternative methods of code enforcement and that a comprehensive code enforcement system uses a combination of judicial and administrative remedies to gain compliance with code regulations. The city council finds that there is a need to draft precise regulations that can be effectively applied in judicial and administrative proceedings and further finds that there is a need to establish uniform procedures for the administrative enforcement hearings.
B. The issuance of citations imposing administrative penalties is performed at the sole discretion of the officials of the city authorized hereunder; and the issuance of a citation to any person constitutes but one remedy of the city to redress violations against such persons, which the city may otherwise pursue.
C. Every person who applies for and receives a permit, license, land use approval (e.g., subdivision map, conditional use permit, variance) or any other approval required of the city shall comply with all conditions imposed upon the issuance of such permit, license or approval or shall be subject to an administrative penalty under the provisions of this chapter.
D. Notwithstanding the above, all violations of any provision of Chapter 6.04 HMC shall also be subject to enforcement through the use of administrative citations in accordance with Section 11.0208 of Chapter 2 of Division 1 of Title 1 of the San Bernardino County Code. (Ord. 355 § 2, 2011; Ord. 288 § 3, 2003)
2.56.020 Definitions.
The following definitions shall apply in interpretation and enforcement of this chapter.
“Administrative citation process” means administrative abatement, summary abatement, civil penalties, administrative citations, and recordation of notices of violation, as contained and provided for in the Highland Municipal Code.
“Administrative costs” means the administrative citation fines and civil penalties assessed, all costs incurred by the city from first discovery of the violations through the appeal process and until compliance is achieved, including but not limited to staff time in inspecting the property, sending notices, preparing and attending any hearing, including appeal hearings, and all legal costs associated with obtaining compliance.
“Appeals board” shall mean the planning commission of the city of Highland that shall preside over administrative hearings involving municipal code or state code violations cited by the city or an authorized enforcement officer pursuant to this chapter.
“Enforcement officer” shall mean any city employee or agent of the city with the authority to enforce any provision of this code.
“Municipal code” or “code” shall mean the Highland Municipal Code.
“Person” shall mean any individual or entity, including but not limited to a corporation, partnership, or trust. (Ord. 440 § 8, 2019; Ord. 370 § 6, 2012; Ord. 288 § 3, 2003)
2.56.030 General enforcement authority.
For the purposes of this chapter, the city council designates the police officers, police specialists, city engineer, community development director, city planner, building official, building inspectors, code compliance officers, business license coordinator, fire chief and fire code inspectors designated by the fire chief as enforcement officers with the power to issue administrative citations, inspect public and private property and use whatever judicial and administrative remedies are available under the municipal code and state code. (Ord. 314 § 2, 2007; Ord. 288 § 3, 2003)
2.56.040 Service of administrative citations.
A. Administrative citations shall be served as follows:
1. Personal service on the property owner(s); or
2. a. Registered or certified mail, postage prepaid, return receipt requested. Simultaneously, a copy of the administrative citation may be sent by regular mail. If an administrative citation sent by registered or certified mail is returned unsigned or deemed undeliverable, then service shall be deemed effective pursuant to regular mail, provided the copy of the administrative citation that was sent by regular mail is not returned; and
b. Posting a copy of the administrative citation conspicuously on or in front of the property.
Service by registered or certified mail in the manner described above shall be deemed to have been completed or be effective on the date of delivery.
B. The failure of any property owner to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this chapter. (Ord. 370 § 7, 2012; Ord. 288 § 3, 2003)
2.56.050 Administrative citation procedures.
A. Upon discovering a violation of the municipal code or the state code, an enforcement officer may issue an administrative citation to a property owner in the manner prescribed in this chapter. If there exists a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues, however, and that violation does not create an immediate danger to health or safety, the enforcement officer may issue notice to the property owner of that violation in the manner prescribed by HMC 2.56.040. The property owner must correct or otherwise remedy the violation within at least 15 days from the date of service of this notice; otherwise, the enforcement officer may issue an administrative citation to the property owner for violations of the municipal code or applicable state codes. An administrative citation may be issued for any violation of or failure to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of the municipal code.
B. If the property owner is not an individual, the enforcement officer shall attempt to locate an authorized representative of the owner, if known, and issue the owner an administrative citation. If the enforcement officer can only locate the manager or on-site supervisor, the administrative citation may be issued in the name of the owner and the manager or on-site supervisor and given to said manager or on-site supervisor. A copy of the administrative citation shall also be mailed to the owner in the same manner, as described in HMC 2.56.040.
C. Once the property owner or its authorized representative is located, the enforcement officer shall attempt to obtain the signature of that person on the administrative citation. If the property owner or its authorized representative refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or subsequent proceedings.
D. If the enforcement officer is unable to locate the property owner or its authorized representative, then the administrative citation shall be mailed to the property owner in the manner prescribed in HMC 2.56.040.
E. If no one can be located at the property, the administrative citation shall be posted in a conspicuous place on or near the property and a copy subsequently mailed to the property owner in the manner prescribed in HMC 2.56.040.
F. The administrative citation shall also contain the printed name and signature of the citing enforcement officer.
G. The administrative citation shall be mailed to the property owner in the manner prescribed by HMC 2.56.040. (Ord. 370 § 8, 2012; Ord. 288 § 3, 2003)
2.56.060 Contents of citation.
A. The administrative citation shall refer to the date and location of the violations and the approximate time, if applicable, that the violation(s) was/were observed.
B. The administrative citation shall refer to the municipal code and/or state code sections violated and describe the nature of the violation.
C. The administrative citation shall require the recipient of the citation immediately to correct the violations cited therein, within the time provided in the administrative citation, and shall explain the consequences of failure to do so.
D. The administrative citation shall state the amount of penalty imposed for the violations.
E. The administrative citation shall explain how the penalty shall be paid, the time period by which it shall be paid, and the consequences of failure to pay.
F. The administrative citation shall identify all appeal rights.
G. The administrative citation shall contain the signature of the enforcement officer and the signature of the property owner or its authorized representative, if he/she can be located, as outlined in HMC 2.56.040. (Ord. 370 § 9, 2012; Ord. 288 § 3, 2003)
2.56.070 Authority to inspect.
Enforcement officers are authorized to enter upon any property or premises within the city to ascertain whether the provisions of the municipal code or state codes are being obeyed, and to make any examination and surveys as may be necessary in the performance of their enforcement duties. These inspections may include the taking of photographs, samples or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If an owner, occupant or agent refuses permission to enter or inspect, the enforcement officer may seek an administrative inspection warrant pursuant to the procedures provided for in California Code Civil Procedure Sections 1822.50 through 1822.59, as may be amended from time to time. (Ord. 288 § 3, 2003)
2.56.080 Notice of pending administrative enforcement action.
A. The enforcement officer may record with the county recorder’s office a notice against a property which is the subject of an administrative enforcement action pending with the city.
B. The notice of pending administrative action shall describe the nature of the administrative action and refer to the municipal code governing the pending administrative action. (Ord. 288 § 3, 2003)
2.56.090 Remedies not exclusive.
The procedures established in this chapter shall be in addition to criminal, civil or other legal remedies established by law which may be pursued to address violations of the municipal code or applicable state codes, and the use of this chapter shall be at the sole discretion of the city. (Ord. 288 § 3, 2003)
2.56.100 Administrative citations.
A. Any person violating any provision or failing to comply with any requirement of the municipal code or any other code adopted by the municipal code may be issued an administrative citation by an enforcement officer, as provided in this chapter. The issuance of an administrative citation shall not preclude prosecution of another offense in accordance with Chapter 1.24 HMC.
B. A continuing violation or failure to comply with any requirement of the municipal code or of any other code adopted by the municipal code constitutes a separate and distinct violation each and every day that said violation or failure exists.
C. A citation fine or penalty shall be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the city.
D. Fines or penalties assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this chapter. (Ord. 370 § 10, 2012; Ord. 288 § 3, 2003)
2.56.110 Administrative citation fines and penalties assessed.
A. Unless a particular fine or penalty is otherwise specified within the relevant section or chapter of the municipal code or in subsection B of this section, fines and penalties shall be assessed as infractions as follows:
1. A fine of $100.00 for a first violation;
2. A fine of $200.00 for a second violation of the same ordinance or permit within one year from the date of the first violation; and
3. A fine of $500.00 for each additional violation of the same ordinance or permit within one year from the date of the first violation.
B. Violations of any provision or failing to comply with any requirement of the California Building Code, the California Fire Code, the California Electrical Code, the California Plumbing Code, the California Mechanical Code, the California Residential Code, the California Green Building Standards Code, the California Energy Code, the California Existing Building Code, the California Historical Code, the Property Maintenance Code, and the Uniform Sign Code are exceptions to subsection A of this section, and fines and penalties for these violations or failures are to be assessed as misdemeanors as follows:
1. A fine of $500.00 for the first violation;
2. A fine of $750.00 for a second violation of the same section of the same code within one year from the date of the first violation; and
3. A fine of $1,000 for each additional violation of the same section of the same code within one year from the date of the first violation.
C. All fines and penalties assessed shall be payable to the city within 25 days from the date of service of the administrative citation.
D. Any person who fails to pay to the city any fine or penalty imposed pursuant to the provisions of this chapter on or before the date that the fine is due shall also be liable for the penalty of double the citation amount.
E. The city may collect any past due administrative citation fine or penalty or late payment charge by use of any available legal means. The city may recover its collection costs.
F. Any administrative citation fine or penalty paid pursuant to subsection A or B of this section shall be refunded in accordance with HMC 2.56.130(F)(4) if it is determined upon appeal 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.
G. The fine or penalty amount described in subsection A and B of this section as infraction or misdemeanor amounts shall have no bearing on the city attorney or district attorney’s determination in Chapter 1.24 HMC to prosecute the matter as an infraction or a misdemeanor. (Ord. 435 § 6, 2019; Ord. 370 § 11, 2012; Ord. 288 § 3, 2003)
2.56.120 Failure to pay administrative citation penalties.
The failure of any person to pay the fine or penalties assessed by an administrative citation within the time specified on the administrative citation may result in the city filing a complaint/claim with the Superior Court of California, County of San Bernardino, Small Claims Division, or other court of appropriate jurisdiction. Alternatively, the city may pursue any other legal remedy to collect the civil fines or penalties. (Ord. 288 § 3, 2003)
2.56.130 Appeal of administration citation.
It is the purpose and intent of the city council to afford due process of law to any person who is directly affected by an administrative citation. Due process of law includes adequate notice, an opportunity to participate in an administrative hearing and an adequate explanation of the reasons justifying the administrative citation. These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised in any administrative citation.
A. Any recipient of an administrative citation may contest the citation by completing a request for hearing form, including specifying the basis for the appeal, and returning it to the city within 10 days from the date of service of the administrative citation, together with an advance deposit of the fine and the administrative hearing fee or a request for an advance deposit hardship waiver. A request for hearing form may be obtained from the city finance department.
B. Any recipient of an administrative citation may further appeal the determination of the appeals board to the city council by submitting a new request for hearing form, including specifying the basis for the appeal, and returning it to the city within 10 days from the date of service of that determination, together with a second administrative hearing fee if an advance deposit hardship waiver has not been issued.
C. The person requesting the administrative hearing shall be notified of the time and place set for the hearing at least 10 days prior to the date of the administrative hearing.
D. Advance Deposit Hardship Waiver.
1. Any person who intends to request an administrative hearing to contest issuance of an administrative citation or that he or she is the property owner, manager or on-site supervisor, and who is financially unable to make the advance deposit of the fine and the administrative hearing fee as required, may file a request for an advance deposit hardship waiver.
2. The request shall be filed with the city finance department on an advance deposit hardship waiver request form, which is available from the city finance department, within 10 days of the date of service of the administrative citation.
3. The requirement of depositing the full amount of the fine and the administrative hearing fee, as required, shall be stayed until the city finance department makes a determination not to issue the advance deposit hardship waiver.
4. The city finance department may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the city finance department a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the city finance department the person’s financial inability to deposit with the city the full amount of the fine and the administrative hearing fee in advance of the hearing.
5. If the city finance department determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within 10 days of the date or the first business day thereafter of service of that decision or 30 days from the date of the administrative citation, whichever is later, unless the person shall appeal the decision to the city manager pursuant to this chapter.
6. The city finance department shall issue a written determination listing the reasons for the determination to issue or not issue the advance deposit hardship waiver, which shall be served upon the person who applied for the advanced deposit hardship waiver.
7. Any recipient of an administrative citation may appeal the determination of the city finance department to the city manager by submitting a new request for an advance deposit hardship waiver and returning it to the city within 10 days from the date of service of the city finance department’s determination; otherwise, the city finance department’s written determination shall be final.
8. If the city manager determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the city within 10 days of the date or the first business day thereafter of service of that decision or 45 days from the date of the administrative citation, whichever is later.
9. The city manager shall issue a written determination listing the reasons for the determination to issue or not issue the advance deposit hardship waiver, which shall be served upon the person who applied for the advanced deposit hardship waiver. The written determination of the city manager shall be final.
E. Administrative Hearing Procedure.
1. No administrative hearing to contest an administrative citation before the appeals board shall be held unless the fine and administrative fees have been deposited in advance or an advance deposit hardship waiver has been issued. No administrative hearing to contest an administrative citation before the city council shall be held unless the administrative fees have been deposited in advance or an advance deposit hardship waiver has been issued.
2. An administrative hearing before the hearing board shall be set for a date that is not more than 90 days from the date that the request for administrative hearing is filed.
3. If the enforcement officer submits a written report concerning the administrative citation to the hearing board at the administrative hearing, then a copy of that report shall also be served on the person requesting the administrative hearing at least five days prior to the date of the administrative hearing. The administrative citation and any additional reports or testimony submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
4. At the administrative hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.
5. The failure of any recipient of an administrative citation to appear at any administrative hearing shall constitute a forfeiture of the fine or penalty which was paid up front. No further hearings will be granted.
6. A hearing board may continue the administrative hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.
F. Hearing Board Decision.
1. After considering all of the testimony and evidence submitted at the administrative hearing, the hearing board 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 city council shall be final.
2. If the hearing board determines that the administrative citation should be upheld, then the fine or penalty amount on deposit with the city shall be retained by the city.
3. If the hearing board determines that the administrative citation should be upheld and the fine or penalty has not been deposited pursuant to an advance deposit hardship waiver, the hearing board shall set forth in the decision a payment schedule for the fine or penalty.
4. If the hearing board determines that the administrative citation should be canceled and the fine or penalty was deposited with the city, then the city shall promptly refund the amount of the deposited fine or penalty, 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.
5. The recipient of the administrative citation shall be served with a copy of the hearing board’s written decision. (Ord. 440 § 9, 2019; Ord. 370 § 12, 2012; Ord. 288 § 3, 2003)
2.56.140 Administrative costs.
An enforcement officer and the hearing board are authorized to assess any reasonable administrative or legal costs arising out of or related to administrative citations issued pursuant to this chapter. Administrative or legal costs may include scheduling and processing of the administrative hearing and all subsequent actions related to the administrative hearing or judicial actions. Administrative costs may include assessments recorded on the tax rolls collected by the San Bernardino County auditor/controller and the costs of such recording. (Ord. 370 § 13, 2012; Ord. 288 § 3, 2003)
2.56.150 Qualifications of the appellate boards.
The appeals board and city council shall be the hearing boards to hear matters pertaining to appeals of administrative citations issued pursuant to this chapter. The appeals board and the city council may establish rules and procedures for conducting administrative hearings. The appeals board members shall not be city employees and shall not be compensated by the city for their work. (Ord. 440 § 9, 2019; Ord. 370 § 14, 2012; Ord. 288 § 3, 2003)
2.56.160 Judicial review.
Repealed by Ord. 370. (Ord. 288 § 3, 2003)
2.56.170 Notices.
Any and all notices or decisions required to be given by the provisions of this chapter shall be served on the property owner by registered or certified mail, return receipt requested as set forth in HMC 2.56.040. The notices or decisions shall be addressed to the property owner, including the address provided on forms required by the provisions of this chapter. Personal service may be substituted for mailed notices. Actual notice shall be deemed adequate notice regardless of the method of service. Failure to receive any notice shall not affect the validity of any proceedings conducted hereunder. (Ord. 370 § 15, 2012; Ord. 288 § 3, 2003)