Chapter 1.44
ADMINISTRATIVE CITATIONS
Sections:
1.44.010 Declaration of purpose.
1.44.035 Correction or abatement of violation.
1.44.040 Administrative citation.
1.44.042 Service under this chapter.
1.44.049 Satisfaction of administrative citation.
1.44.050 Appeal of an administrative citation.
1.44.070 Parental responsibility.
1.44.010 Declaration of purpose.
A. The council finds that there is a need for an alternative method of enforcement for minor violations of this code and applicable state codes. The council further finds that an administrative citation program is an appropriate alternative method of enforcement for violations as authorized by Government Code Section 53069.4.
B. The procedures established in this chapter shall be in addition to other legal remedies established by law which may be pursued to address violations of this code or applicable state codes.
C. The council hereby finds and determines that the enforcement of the code and other ordinances adopted by the city is a matter of local concern and serves an important public purpose.
D. Use of this chapter for the enforcement of code provisions shall be at the sole discretion of the city, its officers, agents and employees. (Ord. 792 (part), 2016: Ord. 586 § 4 (part), 1998).
1.44.015 Definitions.
“Code” shall mean the Patterson Municipal Code.
“Correction period” shall mean the period of time designated in the notice of violation within which a responsible party may correct or abate the violation.
“Days” shall mean calendar days.
“Enforcement officer” shall mean any officer or employee authorized by ordinance or resolution of the council to enforce the code, or his or her designee.
“Hearing officer” shall mean any person appointed by the city manager to preside at administrative hearings pursuant to Section 1.36.020.
“Responsible party” shall mean any individual, owner, or occupant of real property, or owner or authorized agent of any business, company, or entity, or the parent or legal guardian of any person under the age of eighteen years, who causes or maintains or allows to continue, by his or her action or failure to act, a violation of the code. (Ord. 792 (part), 2016).
1.44.020 Authority.
Any person violating any provision of this code or applicable state law may be issued an administrative citation by an enforcement officer as provided in this chapter. A violation of this code includes, but is not limited to, a violation of the code, a violation of any uniform code adopted by the council, a violation of any uncodified city ordinance, or failure to comply with any condition imposed by any entitlement, permit, or license issued or approved under this code.
A. Each and every day a violation of the code or applicable state code exists constitutes a separate and distinct offense.
B. A civil penalty shall be assessed by means of an administrative citation issued by the enforcement officer which shall be payable directly to the city and deposited in the code enforcement fund established pursuant to Section 1.32.110.
C. A civil penalty assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this chapter. (Ord. 792 (part), 2016: Ord. 586 § 4 (part), 1998).
1.44.025 Fine schedule.
Unless otherwise provided in the code, the fine amount for each violation shall be:
A. A fine not to exceed one hundred dollars for the first violation;
B. A fine not to exceed two hundred dollars for the second violation of the same code provision, or condition of a permit, license, or entitlement within the same calendar year of the first violation;
C. A fine not to exceed five hundred dollars for each additional violation of the same code provision, or condition of a permit, license, or entitlement within the same calendar year of the first and second violation. (Ord. 792 (part), 2016).
1.44.030 Procedures.
Upon discovering any violation of this code or applicable state codes, the enforcement officer may issue an administrative citation to a responsible person in the manner prescribed in this chapter. (Ord. 792 (part), 2016: Ord. 586 § 4 (part), 1998).
1.44.032 Notice of violation.
When a violation is determined to exist or be recurring, the enforcement officer may serve the responsible party with a notice of violation in a manner permitted under Section 1.32.090 to give the responsible party the opportunity to correct the violation before an administrative citation is issued. The notice of violation shall contain:
A. The conditions constituting the violation;
B. References to the code sections violated and describe how the sections are violated;
C. All actions required to correct the violations, if any;
D. A specified time period from the date of service of the notice of violation within which the violation must be corrected or abated;
E. A statement requiring the responsible person to immediately correct the violations and an explanation of the consequences for failure to correct the violations;
F. The penalty amount imposed for the violation;
G. Explanation of how the penalty shall be paid, the time period by which it shall be paid, and the consequences for failure to pay the penalty;
H. A statement of the fine that will be levied if the violation is not corrected;
I. A statement that the responsible party may submit in writing to the enforcement officer any information relating to a determination of the existence of a violation;
J. Identify all rights of appeal; and
K. Contain the signature of the enforcement officer and the signature of the responsible person if they can be located, as outlined in this chapter. (Ord. 792 (part), 2016).
1.44.035 Correction or abatement of violation.
The notice of violation shall provide a responsible party a reasonable period of time from the date of service to correct the violation, except that if the violation creates an immediate danger to the health or safety of persons or property, the notice of violation may require that the violation be corrected immediately. If the enforcement officer determines that a good faith effort is being made to correct or abate the violation, he or she may grant an additional period of time to complete the correction. If the violation cannot be completely corrected, the violation must be abated in the manner described in the notice of violation. Nothing in this chapter limits the city’s authority to perform summary abatements when necessary.
When the enforcement officer determines that the violation has been corrected or satisfactorily abated, the enforcement officer shall provide the responsible party with a letter acknowledging that the correction has occurred. If the violation is corrected or satisfactorily abated within the correction period, no administrative citation shall be issued. (Ord. 792 (part), 2016).
1.44.040 Administrative citation.
For a one time code violation that cannot be corrected, no notice of violation is necessary. Instead an administrative citation may be issued to impose an immediate fine. If a notice of violation is issued and the violation is not corrected on the date the compliance deadline expires, the enforcement officer may issue an administrative citation. The administrative citation shall refer to the date and location of the violation and the approximate time the violation occurred, and shall include:
A. A description of the conditions or incident causing the violation;
B. The name and address of the responsible party and, if applicable, the physical address or description of the location where the violation exists or occurred;
C. Reference to the code sections violated;
D. When applicable, the date the notice of violation was served on the responsible party and the specified time period for correction of the violation;
E. When applicable, a statement that the violation has not been corrected within the correction period;
F. The amount of the penalty imposed for the violation;
G. An explanation of how the penalty shall be paid, the time period by which it shall be paid, and the consequences of failure to pay the penalty;
H. A statement of any late penalty that will be assessed if the fine is not paid on time;
I. A statement that the responsible party may submit in writing to the enforcement officer any information relating to a determination of the existence of a violation;
J. A statement of the right to a hearing; and
K. The signature of the enforcement officer and the signature of the responsible person if they can be located, as outlined in this chapter. (Ord. 792 (part), 2016: Ord. 586 § 4 (part), 1998).
1.44.042 Service under this chapter.
A. Service under this chapter shall be performed in a manner prescribed in Section 1.32.090.
B. If an enforcement officer physically issues an administrative citation to a responsible party at the time of the incident resulting in the violation, the physical issuance of the administrative citation shall be sufficient service.
C. If the responsible person is a business, the enforcement officer shall attempt to locate the business owner or responsible person and issue the business owner or responsible person an administrative citation. If the enforcement officer cannot locate the business owner or responsible person, and can only locate the manager of the business, the administrative citation may be given to the manager of the business. A copy of the administrative citation shall be mailed to the business owner or responsible person as prescribed in Section 1.32.090. The mailing of the administrative citation shall include a request for the business owner or responsible person to sign and return the copy of the administrative citation. Failure of the business owner or responsible party to sign and return the administrative citation shall not affect the validity of any proceeding.
D. Once the responsible person is located, the enforcement officer shall attempt to obtain the signature of that person on the administrative citation. 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 administrative citation and subsequent proceedings.
E. If the violation relates to property and no one can be located on the property, then the administrative citation shall be posted in a conspicuous place on or near the property and a copy subsequently mailed to the responsible person as prescribed in Section 1.32.090 and shall include a request for the business owner or responsible person to sign and return the copy of the administrative citation. 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 administrative citation and subsequent proceedings.
F. Failure of any person with an interest in the property to receive notice of an administrative citation shall not affect the validity of any proceeding taken under this chapter. (Ord. 792 (part), 2016).
1.44.045 Direct citation.
An enforcement officer may issue an administrative citation without first issuing a notice of violation if:
A. The enforcement officer personally observes an action by the responsible party that constitutes a violation; or
B. The violation does not pertain to building, plumbing, electrical, or other similar zoning issues and creates an immediate danger to health or safety; or
C. The violation occurred within the immediate vicinity of a posted notice of the requirements of the code provision being violated. (Ord. 792 (part), 2016).
1.44.047 Duty to cooperate.
Any person who does not possess photo identification, refuses to identify himself or herself to an enforcement officer or who gives a false identity or address to an enforcement officer shall be guilty of a misdemeanor. (Ord. 792 (part), 2016).
1.44.049 Satisfaction of administrative citation.
A. If the payment of a fine is not received by the city within thirty days of service of the administrative citation, then the city may assess a late fee in the amount of fifty percent of the total amount of the fine.
B. Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.
C. If the responsible party fails to correct the violation, subsequent administrative citations may be issued for maintaining, continuing, or repeating the same or similar violation or allowing the same or similar violation to be maintained, continued, or repeated.
D. The city may collect any past due administrative citation fines and late payment charges by the use of small claims court or through any other permissible, available, legal means and may collect all costs and attorney fees pursuant to Section 1.44.080. (Ord. 792 (part), 2016).
1.44.050 Appeal of an administrative citation.
A. An appeal of an administrative citation shall follow the procedures set forth in Section 1.36.060 of this title, and shall follow the enforcement hearing procedures set forth in Section 1.36.020 of this title.
B. As part of the administrative enforcement order, the enforcement hearing officer may reduce, waive or conditionally reduce the penalties assessed by the administrative citation. The enforcement hearing officer may also impose conditions and deadlines to correct the violations or require payment of any outstanding penalties. In addition, the enforcement hearing officer may assess reasonable administrative costs. (Ord. 586 § 4 (part), 1998).
1.44.060 Penalties assessed.
A. If the responsible person fails to correct the violation, subsequent administrative citations may be issued for the same violations. The amount of the penalty shall increase for each subsequent administrative citation. The penalties assessed for each administrative citation issued for the same violation shall not exceed the following amounts regardless of the number of minor violations per citation:
1. First administrative citation $ 50.00
2. Second administrative citation 100.00
3. Third and subsequent administrative citation 250.00
B. Civil penalties as provided for in this chapter shall be due and payable within ten calendar days from the date of service of the administrative citation. Payment of the penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.
C. The failure of any person to pay the civil penalties assessed by an administrative citation within the time specified on the citation may result in the enforcement official referring the matter to the city attorney to file a court action to recover these penalties and associated administrative costs. Alternatively, the enforcement official may pursue any other legal remedy to collect the civil penalties as provided in this title. (Ord. 586 § 4 (part), 1998).
1.44.070 Parental responsibility.
Any parent or legal guardian having care, custody, control, or charge of a minor child shall be responsible for paying any fines or fees resulting from a violation of the code pursuant to Welfare and Institutions Code Sections 730.5 and 730.6. (Ord. 792 (part), 2016).
1.44.080 Attorney’s fees.
In addition to the cost of enforcement and incidental expenses incurred as a result of the enforcement proceeding, pursuant to Section 3877.5 of the Government Code, in any proceeding brought to enforce any administrative citation order or recover any fine, the prevailing party shall be entitled to recover attorney’s fees; provided, that pursuant to Section 38773.5, attorney’s fees shall only be available in those proceedings in which the city has provided notice at the commencement of such proceedings that it intends to seek and recover attorney’s fees. (Ord. 792 (part), 2016).
1.44.090 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The council declares that it would have adopted such section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. (Ord. 792 (part), 2016).