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Chapter 1.35
ADMINISTRATIVE CITATIONS

Sections:

1.35.010    Applicability.

1.35.020    Definitions.

1.35.030    Continuing violations of building and zoning issues.

1.35.040    Administrative citation.

1.35.050    Amount of fine.

1.35.060    Payment of the fine.

1.35.070    Hearing request.

1.35.080    Advance deposit hardship waiver.

1.35.090    Hearing officer.

1.35.100    Hearing procedure.

1.35.110    Hearing officer’s decision.

1.35.120    Late payment charges.

1.35.130    Recovery of administrative citation fines and costs.

1.35.140    Right to judicial review.

1.35.150    Notices.

1.35.010 Applicability.

This chapter provides for administrative citations, which are in addition to all other legal remedies, criminal or civil, which the city may pursue to address a violation of this code. Use of this chapter is at the sole discretion of the city. This chapter is authorized under Government Code sections 36901 and 53069.4.

The procedures in this chapter shall not be used to enforce a continuing violation regarding building, plumbing, electrical, or other similar structural or zoning issues, without first allowing the person in violation a reasonable time to correct the violation, consistent with the procedures set forth in PHMC Chapter 1.40. (Ord. 782 § 2, 2004; 1991 code § 1-7.1)

1.35.020 Definitions.

For the purposes of this chapter:

Enforcement officer means the city code investigator or other city employee with the authority to enforce a provision of this code.

Hearing officer means the hearing officer appointed under PHMC § 1.35.090.

Master fee schedule or schedule means the master fee schedule, adopted by resolution of the city council, containing various fees in the city. (Ord. 782 § 2, 2004; 1991 code § 1-7.2)

1.35.030 Continuing violations of building and zoning issues.

If a violation is a continuing one and pertains to a building, plumbing, electrical, or other structural or zoning issue that does not create an immediate danger to health or safety, the city 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. Under these circumstances, the procedures in PHMC Chapter 1.40 apply. (Ord. 782 § 2, 2004; 1991 code § 1-7.3)

1.35.040 Administrative citation.

A. Authority. Whenever an enforcement officer determines that a violation of this code has occurred, the enforcement officer has the authority to issue an administrative citation to the person responsible for the violation.

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 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.

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 PHMC § 1.35.030, 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 either be delivered personally or sent by first class mail to the person responsible for the violation.

D. Dismissal of citation. At any time before the hearing, if the enforcement officer determines that there was no violation as charged in the administrative citation or that the citation should be dismissed in the interest of justice, the enforcement officer shall dismiss the administrative citation, cancel the hearing, and refund any administrative citation fine. The enforcement officer shall make a written notation in the file explaining why the citation was dismissed. (Ord. 782 § 2, 2004; 1991 code § 1-7.4)

1.35.050 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 for a first violation;

2. Two hundred dollars per day for a second violation of the same ordinance within one year; and

3. Five hundred dollars per day 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 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 (finance charge). Due at the rate of 1% 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. 782 § 2, 2004; 1991 code § 1-7.5)

1.35.060 Payment of the 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 a hearing held under PHMC § 1.35.100, 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 section shall not excuse or discharge any continuation or repeated occurrence of the code violation. (Ord. 782 § 2, 2004; 1991 code § 1-7.6)

1.35.070 Hearing request.

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 submit a request for hearing form to the city within 10 days from the date of the administrative citation. The request form may be obtained from the public works and community development department. The completed request must be submitted together with either an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed under PHMC § 1.35.080. (Ord. 782 § 2, 2004; 1991 code § 1-7.7)

1.35.080 Advance deposit hardship waiver.

A. Request for waiver. A person who intends to contest an administrative citation under PHMC § 1.35.070 and who is financially unable to make the required advance deposit of the fine may file a request for an advance deposit hardship waiver under this section.

B. Filing. An advance deposit hardship waiver shall be filed with the finance department on a form provided by that department. The application submitted shall include an affidavit, together with any supporting documents or materials, demonstrating the person’s actual financial inability to deposit with the city the full amount of the fine. The waiver form shall be filed within 10 calendar days of the date of the administrative citation.

C. Deposit requirement stayed. The requirement of depositing the fine shall be stayed unless or until the finance director makes a determination not to issue the advance deposit hardship waiver.

D. Standard for waiver. The finance director may waive the requirement of an advance deposit under PHMC § 1.35.070 and issue the waiver only if the evidence submitted demonstrates 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. Written determination. 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 is final. The written determination shall be served upon the person who applied for the waiver.

F. Deposit required if waiver denied. If the director determines not to issue a waiver, the person cited shall deposit the fine with the city within 10 days of the date of that decision or 30 days from the date of the citation, whichever is later. (Ord. 782 § 2, 2004; 1991 code § 1-7.8)

1.35.090 Hearing officer.

The city manager shall designate the hearing officer for the administrative citation hearing. The designated hearing officer shall be an impartial person, such as, but not limited to, (1) a city employee from a department which has no involvement in code enforcement, or (2) an individual hired from an organization that provides hearing officers.

Hearing officers shall be selected in a manner that avoids the potential for pecuniary or other bias. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon or affected by the amount of administrative citation fines upheld by the hearing officer. (Ord. 935 § 3, 2019; Ord. 782 § 2, 2004; 1991 code § 1-7.9)

1.35.100 Hearing procedure.

A. Notice of hearing. A hearing before the hearing officer shall be set for a date that is not less than 15 days nor more than 45 days from the date that the request for hearing is filed. The person requesting the hearing shall be notified of the time and place set for the hearing as soon as it is set, and at least 10 days before the hearing. If the enforcement officer submits a written report concerning the citation to the hearing officer for consideration at the hearing, then a copy of the report shall be served on the person requesting the hearing at least five days before the hearing.

No hearing shall be held unless the fine has been deposited in advance under PHMC § 1.35.070 or an advance deposit hardship waiver has been issued under PHMC § 1.35.080.

B. Failure to appear. The failure of the person requesting the hearing to appear at the hearing shall constitute a forfeiture of the fine and a failure to exhaust his or her administrative remedies.

C. At the hearing. 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. At the hearing, the party contesting the citation shall be given the opportunity to testify and to present evidence concerning the citation.

D. Continuances. The hearing officer may continue the hearing and may request additional information from the enforcement officer or the person receiving the citation before issuing the decision. (Ord. 846 § 2, 2010; Ord. 782 § 2, 2004; 1991 code § 1-7.10)

1.35.110 Hearing officer’s decision.

A. Decision. After considering the testimony and evidence presented at the hearing, the hearing officer shall issue a written decision to uphold, dismiss or modify the administrative citation. The hearing officer shall state the reasons for the decision and shall send a copy of the decision to the person requesting the hearing and to the enforcement officer. The decision of the hearing officer is final, and may not be appealed.

B. Status of fine. If the citation is upheld, then the fine amount on deposit with the city shall be retained by the city. If the fine has not been deposited because there was an advance deposit hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fine.

If the citation is dismissed, the city shall promptly refund the amount of any fine deposited, together with interest at the average rate earned on the city’s investment portfolio for the period of time that the fine was held by the city. (Ord. 782 § 2, 2004; 1991 code § 1-7.11)

1.35.120 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 PHMC § 1.35.050.B. (Ord. 782 § 2, 2004; 1991 code § 1-7.12)

1.35.130 Recovery of administrative citation fines and costs.

A. Costs of securing payment. A person who fails to pay any fine or other charge 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 attorneys’ 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, attorneys’ fees, interest, late payment charges, costs of compliance reinspections and collection costs.

C. Collection. The city may collect any past due administrative citation fine and other costs and charges by any available legal means. (Ord. 935 § 4, 2019; Ord. 782 § 2, 2004; 1991 code § 1-7.13)

1.35.140 Right to judicial review.

A person aggrieved by the hearing officer’s decision on an administrative citation may obtain review of the decision by filing a petition for review with the superior court in Contra Costa County within 20 days after service of the final decision in accordance with the timelines and provisions set forth in California Government Code section 53069.4. (Ord. 782 § 2, 2004; 1991 code § 1-7.14)

1.35.150 Notices.

A. Method of service. The administrative citation and all notices 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, 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. 782 § 2, 2004; 1991 code § 1-7.15)