Chapter 8.9 Administrative Citations

8.9.10 Purpose of this Chapter

This chapter prescribes an alternate Code Enforcement procedure.

8.9.20 General Enforcement Authority.

The City Manager has the power under this Administrative Citation Ordinance to issue notices of violation and citations, inspect public and private property as authorized under the Fourth Amendment of the United States Constitution and other law, and use whatever judicial and administrative remedies are available under this Code and other law.

8.9.30 Notice of Violation.

The City Manager may issue a notice of violation to any responsible persons when it is determined that a violation that a violation of this code exists. The notice of violation will include the following:

A.    The Code section(s) violated.

B.    A description of the condition creating the violation(s).

C.    The address where the violation(s) occurs.

D.    The name of the responsible person and any other involved persons.

E.    The date and, if relevant, time at which the violation was observed.

F.    If applicable, a list of any corrections to bring the property into compliance.

G.    A deadline or specific date to correct the violations.

H.    The signature of the enforcement officer issuing the notice of violation.

I.    The date of issuance of the notice of violation.

8.9.40 Issuance of Notice of Violation.

A notice of violation may be issued as follows:

A.    An enforcement officer may personally serve the notice of violation on the responsible person.

B.    An enforcement officer may mail the notice of violation to the responsible person by first-class mail.

C.    An enforcement officer may post a copy of the notice of violation on the subject property in a conspicuous place for a property related code violation and, in which case, the enforcement officer shall also mail a copy of the notice of violation to the responsible person at the address where the violation occurred.

8.9.50 Authority to Inspect.

Enforcement officers may enter upon any property or premises within the City as allowed by law to ascertain whether the provisions of the Municipal Code 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.

8.9.60 Notice of Pending Administrative Enforcement.

The City Manager may record with the Registrar-Recorder/County Clerk a notice against a property that is the subject of enforcement. A notice of pending administration action shall be on a form approved by the City Manager and shall describe the nature of the administrative action and refer to the Code provision governing the pending administrative action.

8.9.70 Administrative Fines and Penalties.

Any violation of a provision of this Code, any code it adopts by reference, or other applicable law, may be subject to an administrative fine or penalty pursuant to this chapter. This also includes any violation of any condition imposed upon the issuance of any permit, license, or other approval (e.g., subdivision map, special use permit, variance, zoning clearance) pursuant to this Code.

A.    Each and every responsible person regarding a code violation(s) is joint and severally liable for all fines or penalties imposed for the violation(s).

B.    A violation that exists for more than one day shall be considered a separate and distinct violation for each day that it exists. Each daily violation may be subject to the maximum fine or penalty permitted under this chapter.

C.    An Administrative Citation may charge a code violation for one or more days on which a violation exists and for violation of one or more code sections.

D.    The administrative fines and penalties prescribed in this chapter are in addition to, and do not preclude imposition of, any other remedies, criminal, civil, or administrative, available to the City. Imposition of administrative fines or penalties shall be at the sole discretion of the City.

8.9.80 Administrative Citations.

If a responsible person(s) already received a notice of violation or some comparable notice, and failed to correct the violation within the time prescribed in the notice, an enforcement officer may issue an Administrative Citation to each and every responsible party previously notified. The Administrative Citation provides notice of the administrative fines or penalties imposed pursuant to this chapter.

8.9.90 Contents of Administrative Citation.

An Administrative Citation shall include the following:

A.    A description of the condition creating the violation(s).

B.    The address where the violation(s) occurs.

C.    The name of the responsible person(s) and any other involved persons.

D.    The date and, if relevant, time at which the violation was observed.

E.    The amount and due date of the fine or penalty.

F.    A description of the procedure to pay the fine.

G.    A description of the procedure for requesting the preliminary review, waiver of fine deposit, and hearing to contest the Administrative Citation.

H.    If applicable, a list of any corrections to bring the property into compliance.

I.    A statement that any unpaid fines or penalties may be placed as a special assessment or lien against the property where a violation occurs.

J.    Signature of the enforcement officer issuing the Administrative Citation.

K.    The date of issuance.

L.    Any other information deemed necessary for enforcement or collection of the administrative fines.

8.9.100 Consideration in Other Proceedings.

The City Council, Planning Commission or other similar body, or City staff may consider the fact that a person has been issued an Administrative Citation when determining whether to grant, suspend, revoke, or deny any permit, license, or other approval, regarding a matter related to the condition causing the code violation, to that person, and may consider that such Administrative Citation to be evidence that the person has committed acts that threaten the health, safety, and welfare of the general public.

8.9.110 Issuance of Administrative Citations.

An Administrative Citation may be issued in one or more of the following ways:

A.    An enforcement officer may personally serve the citation on the responsible person. The responsible person is required to sign a copy of the Administrative Citation showing his or her receipt, but his or her failure to do so shall have no effect on the enforcement of the citation.

B.    An enforcement officer may mail the Administrative Citation to the responsible person by mail.

C.    An enforcement officer may post a copy of the Administrative Citation on the subject property in a conspicuous place for a property related code violation and, in which case, the enforcement officer shall also mail a copy of the administrative violation to the responsible person at the address where the violation occurred.

8.9.120 Amount of Administrative Fines and Penalties.

The administrative fines for violations of this Code, as specified in this chapter, are established by the City Council. The schedule of fines may include escalating fine amounts for repeated code violations within specific periods of time. Administrative fines not paid prior to their due date shall result in the imposition of a penalty and interest for every day of delinquency, as set forth in resolution.

8.9.130 Payment of Fines.

All fines are due on the day specified in the Administrative Citation and shall be paid to the City.

A.    Payment may be made by mailing the fine amount paid by check or money order. Cash payments may be made only in person at City Hall.

B.    Payment of a fine or penalty pursuant to this chapter shall not excuse or discharge any continued or repeated violation of this Code.

C.    Pending a hearing by the hearing authority, payment of a fine may be stayed if the preliminary reviewing authority determines, pursuant to Section 8.9.140, that a responsible person is unable to pay the fine.

8.9.140 Preliminary Review.

A cited person may request a preliminary review. Such request must be made within ten (10) calendar days of the date that an Administrative Citation is issued. Failure to request a preliminary review before the deadline constitutes a waiver to any preliminary review. A request for a preliminary review shall be made in writing and filed with the City and shall include all information that the responsible person desires the preliminary reviewing authority to consider in his or her preliminary review of the citation. A request for preliminary review may include a request for waiver of the fine deposit. A responsible person requesting a waiver of fine deposit bears the burden to establish by substantial evidence, including a sworn affidavit, that he or she is unable to deposit the fine imposed by the Administrative Citation.

The preliminary review shall be conducted by the preliminary reviewing authority. The preliminary review shall include a review of the Administrative Citation, the written request for a preliminary review, and any evidence the responsible person may submit with the written request. The cited person shall be notified of the results of the preliminary review within ten (10) working days of filing a written request for preliminary review. The decision on a preliminary review is not a final disposition of an Administrative Citation and therefore is not subject to judicial review.

A request for preliminary review shall not extend any time period for compliance, the due date of any fine imposed, or the time to request an administrative hearing. If the preliminary reviewing authority concludes that no code violation occurred or that the responsible person was not responsible for the code violation, then he or she shall dismiss the Administrative Citation, without prejudice to the issuance of a further Administrative Citation should additional evidence be developed. The preliminary reviewing authority shall also rule whether the responsible person qualifies for waiver of the fine deposit, if such a request has been made.

8.9.150 Administrative Hearing.

A cited person may request an administrative hearing. Such request must be filed within ten (10) calendar days of the issuance of the Administrative Citation. Failure to request a hearing before the deadline, or failure to comply with all the terms for requesting a hearing, constitutes an abandonment of a request and a failure to exhaust administrative remedies. A request for an administrative hearing shall be made in writing and filed with the City, and shall include any grounds that the responsible person wishes the City to consider. Unless waived upon preliminary review, the request shall be accompanied by a deposit of the fine imposed by the Administrative Citation, in the event the fine has not yet been paid.

A cited person may request one continuance of a hearing provided he or she does so in writing before the date of the hearing and states a reasonable basis for the request. Unless the City issues a written notice of continuance, the hearing shall take place on the date, time and location specified in the notice of hearing transmitted to the cited person. A cited person’s failure to attend a hearing shall constitute an abandonment of the request for the hearing and a failure to exhaust administrative remedies.

8.9.160 Hearing Procedures.

The hearing shall be conducted by the hearing authority on the date, time, and location specified in the notice of hearing transmitted to the cited person. An Administrative Citation and other reports prepared by an enforcement officer concerning a code violation shall be accepted by the hearing authority as prima facie evidence of the facts stated in such documents. The hearing authority shall allow the cited person an opportunity to testify at the hearing and to present evidence about any code violation specified in the Administrative Citation. The enforcement officer or other representatives of the City may, but is not required to, attend the hearing.

The hearing authority may continue a hearing from time to time and allow a responsible person additional time to remedy a violation. In addition, the hearing authority may request additional information or evidence from the cited person.

All hearings shall be recorded on a video or audio device, unless the City elects to use a court reporter. If a court reporter is not used, the City need not provide transcriptions of any hearings but, within fifteen (15) calendar days after payment of reasonable duplication fee, shall make the video and audio recordings available to the responsible person. If a court reporter is used, a recipient of the Administrative Citation may obtain a copy of the transcript upon payment of any applicable fees or costs.

A hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence may be admitted if it is evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might consider such admission improper in a civil action. Irrelevant or unduly repetitious evidence shall be excluded.

After considering all testimony and evidence submitted at the hearing, the hearing authority shall issue a written decision to affirm, modify or dismiss the Administrative Citation. The decision shall include the hearing authority’s findings, as well as information regarding the cited person’s right to seek judicial review of the decision and the time in which to do so. The City shall issue the cited person a copy of the hearing authority’s written decision (the "notice of decision"). The decision of the hearing authority shall be final. If the hearing authority determines that the Administrative Citation should be affirmed, the fine and/or penalty amount on deposit with the City shall be retained by the City.

8.9.170 Judicial Review.

A cited person may seek judicial review of the hearing authority’s decision by filing a petition for review with the Superior Court, pursuant to Government Code section 53069.4, within twenty (20) calendar days after he or she receives a copy of the notice of decision.

8.9.180 Collection of Delinquent Fines and Penalties and Other Remedies.

Failure to pay a fine or penalty before the time set forth in the Administrative Citation shall result in imposition of interest and penalties as established by the City Council. The City may pursue any and all legal and equitable remedies for the collection of fines, including interest and penalties.

Delinquent fines, interest and penalties may be recorded as a lien or special assessment against the property on which the code violation occurred. Prior to recording a lien or special assessment, the City shall prepare a cost report itemizing the amount owed by the responsible person. The City shall comply with the State Franchise Tax Board or any other state or county law pertaining to the recording of any delinquent fines, interest, and penalties as a lien on the property, or as a special assessment.

The Administrative Citation process described in this chapter does not preclude the City from recovering any code violation abatement costs incurred by the City in performing its code enforcement efforts.