Chapter 1.20
ADMINISTRATIVE PENALTIES*
Sections:
1.20.010 Applicability.
1.20.020 Definitions.
1.20.030 Compliance orders.
1.20.040 Administrative citation.
1.20.050 Amount of fine.
1.20.060 Payment of fine.
1.20.070 Intentionally omitted.
1.20.080 Intentionally omitted.
1.20.090 Intentionally omitted.
1.20.100 Intentionally omitted.
1.20.110 Intentionally omitted.
1.20.120 Late payment charges.
1.20.130 Recovery of administrative citation fines and costs.
1.20.140 Intentionally omitted.
1.20.150 Notices.
1.20.160 Administrative appeals.
*Prior legislation: Ords. 1728, 1895, 2016 and 2045.
1.20.010 Applicability.
This chapter establishes an enforcement mechanism for all violations of the Livermore Municipal Code. The procedures established in this chapter are in addition to all other legal remedies, criminal or civil, which the City may pursue to address a violation of the code. Use of this chapter is at the sole discretion of the City. This chapter is authorized under Government Code Sections 53069.4 and 36901. (Ord. 2065 § 1(A), 2018; Ord. 2052 § 1(B) (Exh. B), 2017; Ord. 2005 § 1 (Exh. A), 2014; Ord. 1679 § 1, 2002)
1.20.020 Definitions.
For the purposes of this chapter:
“Code” means the Livermore Municipal Code and Livermore Development Code.
“Enforcement officer” means any city employee or agent of the City with the authority to enforce a provision of this code.
“Master fee schedule” or “schedule” means the master fee schedule resolution, adopted by resolution of the City Council, containing various fees in the City.
“Responsible person” means any person who an enforcement officer determines is responsible for causing, maintaining, committing, or allowing a violation of this code. A responsible person includes, without limitation, any person who exercises legal or physical control over a property or business premises in the City, such that the responsible person is capable of preventing or correcting violations of the code. (Ord. 2065 § 1(A), 2018; Ord. 2052 § 1(B) (Exh. B), 2017; Ord. 2005 § 1 (Exh. A), 2014; Ord. 1901 § 3 (Exh. A § 2), 2010; Ord. 1679 § 1, 2002)
1.20.030 Compliance orders.
A. Authority. Whenever an enforcement officer determines that a correctable, continuing violation of this code that does not create an immediate danger to health or safety has occurred, the enforcement officer has the authority to issue a compliance order to the responsible person. The compliance order shall provide a reasonable period of time for the responsible person to correct or otherwise remedy the violation before the imposition of an administrative citation or penalty.
B. Contents of Compliance Order. A compliance order issued under this chapter shall contain the following information:
1. The date of the violation.
2. The address or a definite description of the location where the violation occurred.
3. The section of the code violated and a description of the violation.
4. The actions required to correct the violation.
5. The time period after which an administrative citation will be issued if compliance with the order has not been achieved.
6. Either a copy of this chapter or an explanation of the consequences of noncompliance with this chapter and a description of the hearing procedure and appeal process.
7. The name and signature of the citing enforcement officer.
C. Dismissal of Order. If the enforcement officer determines that all violations have been corrected within the time specified in the compliance order, that there was no violation as charged in the compliance order, or that the wrong person was identified as the responsible person, the enforcement officer shall notify the original recipient in writing. (Ord. 2065 § 1(B), 2018; Ord. 2052 § 1(B) (Exh. B), 2017; Ord. 2005 § 1 (Exh. A), 2014; Ord. 1679 § 1, 2002)
1.20.040 Administrative citation.
A. Authority. Whenever an enforcement officer determines that a violation of the code has occurred as outlined in LMC 1.20.030, or when all violation(s) have not been corrected within the time set forth in a compliance order, the enforcement officer has the authority to issue an administrative citation to the responsible person.
B. Contents of Citation. Each administrative citation shall contain the following information:
1. The date of the violation.
2. The address or a definite description of the location where the violation occurred.
3. The section of the code violated and a description of the violation.
4. The amount of the fine for the code violation.
5. 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.
6. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation.
7. 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 an administrative appeal hearing form to contest the administrative citation may be obtained.
8. The name and signature of the citing enforcement officer.
In the case of a continuing violation involving building, plumbing, electrical, or other similar structural or zoning issues identified under LMC 1.20.030, the administrative citation shall also have attached a copy of the prior notice that was sent to the responsible party.
C. Delivery of Citation. The administrative citation shall be delivered personally or sent by first class mail or certified mail to the responsible person.
D. Dismissal of Citation. At any time before the administrative appeal hearing, if the City Manager, or his or her designee, determines that there was no violation as charged in the administrative citation or that the administrative citation should be dismissed in the interest of justice, there shall be a dismissal of the administrative citation, cancellation of the hearing, and refund of any administrative citation fine. (Ord. 2065 §§ 1(A), (C), 2018; Ord. 2052 § 1(B) (Exh. B), 2017; Ord. 2005 § 1 (Exh. A), 2014; Ord. 1679 § 1, 2002)
1.20.050 Amount of fine.
A. Maximum Amount of Fine. The maximum amount of the fine imposed for each code violation under this chapter is as follows:
1. One hundred dollars per day, per violation, for a first violation;
2. Two hundred dollars per day, per violation, for a second violation of the same ordinance within one year; and
3. Five hundred dollars per day, per violation, for each additional violation of the same ordinance within one year.
B. Additional Amounts. Administrative costs, interest, late payment charges, costs of compliance reinspections, and collection costs are in addition to the fine. These include:
1. Administrative costs: based on time spent by city staff, including code enforcement staff, supervisors, and City Attorney’s office, at the full cost hourly rate of each employee, including salary, benefits, and overhead.
2. Late payment charges: due at the rate of 10 percent per month.
3. Compliance reinspections: based on staff time at the full cost hourly rate.
4. Collection costs: actual collection costs.
C. Discretion of Enforcement Officer or Hearing Officer – Factors in Establishing Fine. In determining the amount of the fine and additional amounts, the enforcement officer or hearing officer has the discretion to set the fine lower than the maximum amount, or to reduce the additional costs, based on any or all of the following factors:
1. The duration of the violation;
2. The frequency, recurrence, and number of violations, related or unrelated, by the same violator;
3. The seriousness of the violation;
4. The good faith efforts of the violator to come into compliance;
5. The economic impact of the fine on the violator;
6. The impact of the violation on the community; and
7. Such other factors as justice requires. (Ord. 2065 § 1(A), 2018; Ord. 2052 § 1(B) (Exh. B), 2017; Ord. 2005 § 1 (Exh. A), 2014; Ord. 1679 § 1, 2002)
1.20.060 Payment of fine.
A. Due Date. The fine shall be paid to the City within 30 days from the date of the administrative citation. The City may suspend the imposition of fines for any period of time during which the violator has filed for necessary permits, and such permits are required to achieve compliance, and the permit applications are actively pending before the appropriate governmental agency.
B. Refund. The City shall refund a fine paid if the hearing officer determines, after an administrative appeal hearing held under Chapter 1.22 LMC, that the person charged in the citation was not responsible for the violation or that there was no violation as charged.
C. Further Violations Not Excused. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation. (Ord. 2065 § 1(A), 2018; Ord. 2052 § 1(B) (Exh. B), 2017; Ord. 2005 § 1 (Exh. A), 2014; Ord. 1679 § 1, 2002)
1.20.070 Intentionally omitted.
(Ord. 2052 § 1(B) (Exh. B), 2017)
1.20.080 Intentionally omitted.
(Ord. 2052 § 1(B) (Exh. B), 2017; Ord. 2005 § 1 (Exh. A), 2014)
1.20.090 Intentionally omitted.
(Ord. 2052 § 1(B) (Exh. B), 2017)
1.20.100 Intentionally omitted.
(Ord. 2052 § 1(B) (Exh. B), 2017)
1.20.110 Intentionally omitted.
(Ord. 2052 § 1(B) (Exh. B), 2017)
1.20.120 Late payment charges.
A person who fails to pay to the City the fine imposed under this chapter on or before the date that fine is due is also liable for the payment of the applicable late payment charges set forth in LMC 1.20.050(B). (Ord. 2065 § 1(A), 2018; Ord. 2052 § 1(B) (Exh. B), 2017; Ord. 2005 § 1 (Exh. A), 2014; Ord. 1679 § 1, 2002)
1.20.130 Recovery of administrative citation fines and costs.
A. Costs of Securing Payment. A person who fails to pay any fine or other charges owed to the City under this chapter is liable in any action brought by the City for all costs incurred in securing payment of the delinquent amount, including but not limited to administrative costs and attorney’s fees. Such collection costs are in addition to any fines, interest, and late charges.
B. Other Costs. In addition to the administrative citation fine, the City may collect its administrative costs, interest, late payment charges, costs of compliance reinspections, and collection costs.
C. Collection. The City may collect any past due administrative citation fine and/or other costs and charges by any available legal means. (Ord. 2065 § 1(A), 2018; Ord. 2052 § 1(B) (Exh. B), 2017; Ord. 2005 § 1 (Exh. A), 2014; Ord. 1679 § 1, 2002)
1.20.140 Intentionally omitted.
(Ord. 2052 § 1(B) (Exh. B), 2017)
1.20.150 Notices.
A. Method of Service. All notices, including compliance orders and administrative citations required to be given by this chapter, shall be served on the responsible party either by personal service, by first class mail, or by certified mail, return receipt requested.
B. Real Property. When real property is involved in the violation, the original notice, the administrative citation, and all notices required to be given by this chapter shall be served on the responsible party and, if different, also to the property owner at the address as shown on the last equalized county assessment roll. If personal service or service by mail on the property owner is unsuccessful, a copy of each notice and the citation shall be conspicuously posted at the property which is the subject of the violation. The City may, in its discretion, also serve notice on a tenant, a mortgagor, or any other person having an interest in the property.
C. Failure to Receive Notice. The failure of a person to receive a required notice shall not affect the validity of any proceedings taken under this chapter. (Ord. 2065 § 1(A), 2018; Ord. 2052 § 1(B) (Exh. B), 2017; Ord. 2005 § 1 (Exh. A), 2014; Ord. 1679 § 1, 2002)
1.20.160 Administrative appeals.
A person who receives an administrative citation may contest the citation on the basis that there was no violation of the code or that he or she is not the responsible party. To contest the citation, the person shall file a notice of appeal in accordance with Chapter 1.22 LMC. (Ord. 2052 § 1(B) (Exh. B), 2017)