Chapter 1.10
ADMINISTRATIVE CITATIONS AND PENALTIES
Sections:
1.10.010 Legislative findings and statement of purpose.
1.10.030 Issuance of administrative remedies.
1.10.050 Contents of citation.
1.10.060 Satisfaction of administrative citation.
1.10.070 Appeal of administrative citation.
1.10.080 Failure to pay fines.
1.10.090 Reduction of cumulative fines.
1.10.100 Late payment charges.
1.10.110 Procedural compliance.
1.10.010 Legislative findings and statement of purpose.
A. The City Council hereby finds that there is a benefit to having an alternative method of enforcement of the Poway Municipal Code, conditions imposed on permits, entitlements, and CEQA reviews, and the terms of City agreements made pursuant to the City’s constitutional police power. The City Council further finds an alternative method of enforcement is the imposition of administrative penalties as independently authorized by both California Constitution Article XI, Section 7, and Government Code Section 53069.4.
B. The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedy established by law for violation of the Poway Municipal Code or permit and entitlement conditions. Issuance of a citation pursuant to this chapter shall not preclude enforcement by a separate criminal, civil action, or any other proceeding authorized by law.
C. The City Council hereby finds and determines that enforcement of the Poway Municipal Code, other ordinances adopted by the City, conditions of approval of entitlements, permits, and CEQA reviews, and terms and conditions of City agreements made pursuant to the police power is a matter of public health, safety and welfare and serves important public purposes. The City of Poway adopts this administrative penalties program in order to achieve the following goals:
1. To protect the public health, safety and welfare of the citizens of the City;
2. To gain compliance with the Poway Municipal Code, ordinances, agreements, and regulations of the City enacted pursuant to its police powers, and the conditions of approval of permits, entitlements, and CEQA reviews granted by the City pursuant to the City’s police powers in a timely and efficient manner;
3. To provide for an administrative process to appeal the imposition of administrative citations and fines;
4. To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Poway Municipal Code, ordinances, agreements, or terms and conditions of entitlements or permits enacted or approved pursuant to the police power; and
5. To avoid or minimize the expense and delay of enforcement in the civil or criminal justice system. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 557 § 2, 2002)
1.10.020 Definitions.
A. “Enforcement officer” means any officer, employee, or agent of the City with the authority to enforce the Poway Municipal Code, including but not limited to a code compliance officer, inspector, and the Fire Marshal.
B. “Person,” as referred to in this section, includes individuals, corporations, partnerships, and organizations of any kind.
C. “Responsible person” means any person, including but not limited to any person who is the owner or occupant of or who controls, possesses, occupies, or has an interest in real property, the holder or the agent of the holder of any permit, entitlement, or review, or the party or agent of a party to any agreement covered by this chapter; the owner or authorized agent of any business, company, or entity subject to this chapter; or the parent or legal guardian of any such person under the age of 18 years; who violates any ordinance, regulation, permit, entitlement, review, or agreement described in PMC 1.10.030. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 557 § 2, 2002)
1.10.030 Issuance of administrative remedies.
A. Any responsible person who violates any provision of the Poway Municipal Code or regulation of the City, any condition of approval of a permit or entitlement, any condition of an environmental review, or any term or condition of any agreement with the City made pursuant to the police power may be issued an administrative citation by an enforcement officer as provided in this chapter. A violation of the Poway Municipal Code includes, but is not limited to, all violations of that code, the Uniform Codes adopted by the City Council, and all uncodified ordinances. A violation of a condition of approval of a permit or entitlement includes, but is not limited to, a conditional use permit, minor conditional use permit, temporary use permit, development review, sign permit, variance, specific plan, parcel map, subdivision map, building or grading permit, any plan, permit or any best management practice authorized, issued or required by Chapter 13.09 PMC, any encroachment or right-of-way permit, any license or permit issued pursuant to PMC Title 5, any drug paraphernalia license issued pursuant to Chapter 9.08 PMC, and any adult-oriented business regulatory permit required by Chapter 17.38 PMC. A violation of a condition of approval of an environmental review includes, but is not limited to, any environmental impact report, mitigated negative declaration, negative declaration, or determination of categorical exemption. A violation of a term or condition of any agreement with the City made pursuant to the police power includes, but is not limited to, any development agreement, owner participation agreement, disposition and development agreement, road maintenance agreement, any easement, license, or other real property use agreement, or any agreement made with the City to implement any ordinance, plan, permit, entitlement, or review approved by the City. Causing, permitting, aiding, or abetting noncompliance with any part of the Poway Municipal Code constitutes a violation of this chapter. Any falsification or misrepresentation made to the City concerning compliance with this chapter, including any misrepresentation in a voluntary disclosure, any submission of a report that omits required material facts without disclosing such omission, and any withholding of information required to be submitted by or pursuant to this chapter in order to delay City enforcement action, is a violation of this chapter. Concealing a violation of this chapter is a violation of this chapter.
B. Each and every day a violation exists constitutes a separate and distinct offense.
C. Administrative Citations. A separate citation may be issued for each day a violation occurs. A civil fine shall be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the City of Poway. Fines shall be assessed in amounts not to exceed $1,000 for each violation, or as follows:
1. A fine not exceeding $100.00 for a first violation;
2. A fine not exceeding $200.00 for a second violation of the same ordinance, term, or condition within one year from the date of the first violation;
3. A fine not exceeding $500.00 for a third violation of the same ordinance, term, or condition within one year from the date of the first violation;
4. A fine not exceeding $1,000 for each additional violation after the third violation of the same ordinance, term or condition within one year from the date of the first violation. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 557 § 2, 2002)
1.10.040 Service procedures.
An administrative citation on a form approved by the City Manager may be served upon any responsible person by an enforcement officer in the following manner:
A. Personal Service. In any case where an administrative citation is issued:
1. The enforcement officer may attempt to locate and, if reasonable, personally serve the responsible person and obtain the signature of the responsible person on the administrative citation.
2. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.
B. Service of Citation by Mail. If the enforcement officer is unable to locate a responsible person, the administrative citation shall be delivered to the responsible person by first class mail.
C. Service of Citation by Posting Notice. If the enforcement officer does not succeed in personally serving a responsible person, or by first class mail, the enforcement officer shall post the administrative citation on any real property within the City in which the City has knowledge that the responsible person has a legal interest, and such posting shall be deemed effective service. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 557 § 2, 2002)
1.10.050 Contents of citation.
Each administrative citation shall contain the following information, if readily available:
A. The date of issuance of the citation and the date, approximate time, and address or definite description of the location where the violation(s) was observed, where applicable;
B. The code sections or conditions violated and a brief description of the violation(s);
C. An order to the responsible person to correct the violations by a specified correction date, if applicable, and an explanation of the consequences of failure to correct the violation(s);
D. The amount of the fine for each violation;
E. An explanation of how the fine shall be paid and the date by which it shall be paid (15 days after the correction date);
F. Identification of the right of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;
G. The name and signature of the enforcement officer and if possible the signature for the responsible person; and
H. A statement that if the fine is not timely paid, a late payment charge of 50 percent of the amount of the fine will be added to the fine. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 557 § 2, 2002)
1.10.060 Satisfaction of administrative citation.
Upon receipt of a citation, the responsible person must do both of the following:
A. Pay the fine to the City within 15 days from the correction date of the administrative citation. All fines assessed shall be payable to the City of Poway. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the City.
B. Remedy the violation(s), if the violation(s) is of such a nature that it can be remedied.
If the responsible person fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s) or a criminal or civil action may be filed. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 557 § 2, 2002)
1.10.070 Appeal of administrative citation.
Any recipient of an administrative citation may contest that there was a violation of any ordinance, regulation, permit, entitlement, or agreement covered by this chapter, or that he or she is the responsible person in accordance with Chapter 2.20 PMC. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 557 § 2, 2002)
1.10.080 Failure to pay fines.
The failure of any responsible person to pay the civil fines imposed by an administrative citation within the time specified on the citation may result in the filing of a claim with either the Small Claims Court or the Superior Court for recovery of the fine or sending the debt to a collection agency. The only issue to be adjudicated by the court shall be whether or not the fines were paid. A responsible person cited may only obtain judicial review of the validity of the citation by writ of mandate after exhausting their administrative remedies by requesting and participating in an administrative hearing before a hearing officer in compliance with the procedural requirements for such process in accordance with Chapter 2.20 PMC. In the court action, the prevailing party may also recover its collection costs, including the cost of the hearing officer, and any court fees, according to proof. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 557 § 2, 2002. Formerly 1.10.110)
1.10.090 Reduction of cumulative fines.
If the violation is corrected within a reasonable time after the decision of the hearing officer, the City Manager shall have the discretion to reduce any cumulative fines upon good cause shown by the responsible person. The determination of the City Manager shall be final and shall not be subject to appeal or judicial review. Fines shall not otherwise be reduced. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 557 § 2, 2002. Formerly 1.10.120)
1.10.100 Late payment charges.
Any responsible person who fails to pay a fine imposed by this chapter on or before the date that payment is due shall also be liable for the payment of a late payment charge of 50 percent of the fine. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 557 § 2, 2002. Formerly 1.10.130)
1.10.110 Procedural compliance.
Failure to comply with any procedural requirement of this chapter, to receive any notice or decision specified in this chapter, or to receive any copy required to be provided by this chapter shall not affect the validity of proceedings conducted hereunder unless the responsible person is denied constitutional due process thereby. (Ord. 827 § 2 (Exh. 1), 2019; Ord. 557 § 2, 2002. Formerly 1.10.150)