Chapter 1.06
ADMINISTRATIVE CITATIONS
Sections:
1.06.020 Enforcement officer – Defined.
1.06.030 Administrative citation.
1.06.070 Advance deposit hardship waiver.
1.06.100 Appeals Board’s decision.
1.06.110 Late payment charges.
1.06.120 Recovery of administrative citation fines and costs.
1.06.125 Right to judicial review.
1.06.010 Applicability.
(A) This chapter provides for administrative citations which 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) The administrative citations process set forth in this chapter does not apply to continuing violations of this code that pertain to building, plumbing, electrical, or other similar structural issues.
(C) Use of this chapter shall be at the sole discretion of the City, subject to subsection (B) of this section. (Ord. CCO-20-04 § 1, 2020)
1.06.020 Enforcement officer – Defined.
For purposes of this chapter, “enforcement officer” shall mean any City employee or agent of the City with the authority to enforce any provision of this code. (Ord. CCO-20-04 § 1, 2020)
1.06.030 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 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) 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 hearing form to contest the administrative citation may be obtained; and
(8) The name and signature of the citing enforcement officer. (Ord. CCO-20-04 § 1, 2020)
1.06.040 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 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. CCO-20-04 § 1, 2020)
1.06.050 Payment of the fine.
(A) The fine shall be paid to the City within 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 MSMC 1.06.100 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. CCO-20-04 § 1, 2020)
1.06.060 Hearing request.
(A) Any recipient of an administrative citation may contest that there was a violation of the code or that he or she is the responsible party by completing a request for hearing form and returning it to the City within 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 MSMC 1.06.070.
(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 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 Appeals Board for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five days prior to the date of the hearing. (Ord. CCO-20-04 § 1, 2020)
1.06.070 Advance deposit hardship waiver.
(A) Any person who intends to request a hearing to contest that there was a violation of the 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 MSMC 1.06.060(A) may file a request for an advance deposit hardship waiver.
(B) The request shall be filed with the Department of Finance on an advance deposit hardship waiver application form, available from the Department of Finance, within 15 days of the date of the administrative citation.
(C) The requirement of depositing the full amount of the fine as described in MSMC 1.06.060(A) shall be stayed unless or until the Director of Finance makes a determination not to issue the advance deposit hardship waiver.
(D) The director may waive the requirement of an advance deposit set forth in MSMC 1.06.060(A) 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 director determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the City within 10 days of the date of that decision or 30 days from the date of the administrative citation, whichever is later.
(F) The 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 director shall be served upon the person who applied for the advance deposit hardship waiver. (Ord. CCO-20-04 § 1, 2020)
1.06.080 Appeals Board.
The City Manager shall designate the Appeals Board for the administrative citation hearing. (Ord. CCO-20-04 § 1, 2020)
1.06.090 Hearing procedure.
(A) No hearing to contest an administrative citation before the Appeals Board shall be held unless the fine has been deposited in advance in accordance with MSMC 1.06.060 or an advance deposit hardship waiver has been issued in accordance with MSMC 1.06.070.
(B) A hearing before the Appeals Board shall be set for a date that is not less than 15 days and not more than 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 Appeals Board 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. CCO-20-04 § 1, 2020)
1.06.100 Appeals Board’s decision.
(A) After considering all of the testimony and evidence submitted at the hearing, the Appeals 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 Appeals Board shall be final.
(B) If the Appeals Board 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 Appeals Board determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the Appeals Board shall set forth in the decision a payment schedule for the fine.
(D) If the Appeals Board 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 Appeals Board’s written decision. (Ord. CCO-20-04 § 1, 2020)
1.06.110 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. CCO-20-04 § 1, 2020)
1.06.120 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 pursuant to Section 1.05.160. (Ord. CCO-20-04 § 1, 2020)
1.06.125 Right to judicial review.
Any person aggrieved by an administrative decision of the Appeals Board on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Municipal Court in Siskiyou County in accordance with the timelines and provisions set forth in Cal. Gov’t. Code § 53069.4. (Ord. CCO-20-04 § 1, 2020)
1.06.130 Notices.
(A) The administrative citation and all notices required to be given by this chapter shall be served on the responsible party in accordance with the provisions of MSMC 1.03.120.
(B) Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder. (Ord. CCO-20-04 § 1, 2020)