Chapter 1.28
ADMINISTRATIVE CITATIONS
Sections:
1.28.010 Legislative findings and statement of purpose.
1.28.020 Definitions.
1.28.030 Authority.
1.28.040 Service procedures.
1.28.050 Contents of notice.
1.28.060 Satisfaction of administrative citation.
1.28.070 Appeal of administrative citation.
1.28.080 Advance deposit of hardship waiver.
1.28.090 Hearing procedure—Fees.
1.28.100 Hearing officer’s decision.
1.28.110 Failure to pay fines.
1.28.120 Notices.
1.28.130 Right to judicial review.
1.28.140 Contracting with the Office of Administrative Hearings.
1.28.010 Legislative findings and statement of purpose.
The city council hereby finds that there is a need for an alternative method of code enforcement to the traditional civil, criminal or administrative abatement actions, to effect compliance with the San Jacinto Municipal Code, its adopted codes and applicable state codes. The city council further finds that an appropriate alternative method of enforcement for code violations is an administrative citation program as authorized by Government Code Section 53069.4. The procedures established in this chapter shall be in addition to criminal, civil or administrative abatement or any other legal remedy established by law that may be pursued to address violations of ordinances of the city of San Jacinto. Use of this chapter shall be at the sole discretion of the city. (Ord. 07-27 § 1 (part))
1.28.020 Definitions.
“Administrative citation” shall mean the written notice provided to a responsible person to inform that person of a violation of the code.
“Code” shall mean any ordinance adopted by the city of San Jacinto, whether such ordinance is codified or not.
“Director” shall mean the assistant city manager, or his or her designee.
“Enforcement officer” shall mean any officer or employee with the authority to enforce the code.
“Hearing officer” shall mean the community preservation committee or, if so selected by the city manager pursuant to Section 1.28.140, the Office of Administrative Hearings, an administrative law judge or hearing officer of the Office of Administrative Hearings.
“Nonemergency health or safety violation” shall mean a violation of any code pertaining to building, plumbing, electrical or other similar structural or zoning issues, when such violation does not create an immediate danger to health or safety.
“Responsible person” shall mean:
1. Any individual or legal entity who is the owner, tenant, co-tenant, lessee, sub-lessee, occupant or other person with any right to possession of the real property, owner or authorized agent of any business, company, or entity, or the parent or the legal guardian of any person under the age of eighteen (18) years, who causes, permits or maintains a violation of any code.
2. Any individual, legal entity or the parent or the legal guardian of any person under the age of eighteen (18) years who causes, permits or maintains a violation of any code. (Ord. 07-27 § 1 (part))
1.28.030 Authority.
A. An enforcement officer may issue an administrative citation to any responsible person violating any provision of any code. A violation of any code includes, but is not limited to, all violations of the San Jacinto Municipal Code, the uniform codes adopted by the city council, or the failure to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of any code.
B. Each and every day or portion thereof that a violation of any code exists constitutes a separate and distinct offense.
C. Any responsible party issued an administrative citation shall be responsible for payment of the administrative fine that is imposed, the amount of which shall be set forth in subsection D of this section or by resolution of the city council.
D. When an administrative penalty is imposed, it shall be imposed in the following amounts:
1. Infractions. For the violation of any code that is specifically listed as an infraction, the amount of the administrative penalty shall be the amounts set forth in Government Code Section 36900. Those amounts are as follows: (1) a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same code within one year; and (3) a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same code within one year. Notwithstanding the foregoing sentence, the administrative penalty for a violation of local building and safety code that is specifically listed as an infraction shall be as follows: (1) a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) a fine not exceeding five hundred dollars ($500.00) for a second violation of the same code within one year; and (3) a fine not exceeding one thousand dollars ($1,000) for each additional violation of the same code within one year of the first violation.
2. Misdemeanors. For the violation of any code that is specifically listed as a misdemeanor or for which no penalty is specifically provided, the amount of the administrative penalty shall be one thousand dollars ($1,000). (Ord. 07-27 § 1 (part))
1.28.040 Service procedures.
An administrative citation on a form approved by the city manager may be issued to the responsible person by an enforcement officer for violations of any code in the following manner:
A. Personal Service.
1. The enforcement officer shall attempt to locate and personally serve the responsible person and, if possible, obtain the signature of the responsible person on the administrative citation.
2. 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 or of subsequent proceedings.
3. If the responsible person refuses to sign the administrative citation, or if the enforcement officer is unable to locate the responsible person, the administrative citation shall be served on the responsible person by certified mail, postage prepaid with a return receipt requested and by posting of the subject property. Simultaneously, the administrative citation shall be sent by first class U.S. mail. Service under this subsection (A)(3) shall be deemed effective as of the date on which both of the following have occurred: the citation is deemed served by mail and the citation is actually posted.
B. Service of Citation by Mail. Service by mail shall be sent to the responsible person’s address as shown on public records or as known to the city. The administrative citation shall be sent by certified mail and first class U.S. mail. Service by mail under this subsection B shall be deemed complete upon the earlier of the following to occur: three days following its deposit into the U.S. Postal Service as first class mail (postage prepaid), or the date on which the certified return receipt is signed for as delivered.
C. Service of Citation by Posting Notice. The enforcement officer shall also post the administrative citation in a conspicuous location on the subject property or on any real property in which the city has knowledge that the responsible person has a legal or equitable interest. (Ord. 07-27 § 1 (part))
1.28.050 Contents of notice.
Each administrative citation shall contain the following information:
A. Date, approximate time and address or definite description of the location where the violation(s) was observed; and
B. The code section(s) or condition(s) violated and a description of the violation(s); and
C. A description of the action required to correct the violation(s); and
D. For nonemergency health and safety violations, except as provided in Section 1.28.060(B), an order to the responsible person to correct the violation(s) by a correction date and an explanation of the consequences of failure to correct the violation(s); and
E. The amount of the fine for the violation(s); and
F. An explanation of how the fine shall be paid, the deadline by which it shall be paid, and the place at which the fine shall be paid; and
G. An order prohibiting the continuation or repeated occurrence of the code violation(s) described in the administrative citation; and
H. Identification of rights of appeal, including the time within which the administrative citation may be contested and the place to obtain a notice of appeal and request for hearing form to contest the administrative citation; and
I. The name and signature of the enforcement officer and, if possible, the signature of the responsible person. (Ord. 15-04 § 2: Ord. 07-27 § 1 (part))
1.28.060 Satisfaction of administrative citation.
A. Nonemergency Health and Safety Violations. When an enforcement officer finds that a nonemergency health and safety violation has occurred, the enforcement officer shall have the authority to issue an administrative citation that provides for a reasonable period of time, not to exceed thirty (30) calendar days, to correct or otherwise remedy the nonemergency health and safety violation prior to the imposition of an administrative fine. The responsible person may request an extension of the correction period; provided, that a written request is filed with the director before the correction period ends. The director may, in his or her discretion, grant a reasonable extension of the period of time to correct the violation if the responsible person has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period. The decision of the director shall be in writing and shall be final. If the responsible person provides proof to the enforcement officer, or designee, that the violation has been corrected or otherwise remedied within the period of time allotted for correction, no fines shall be assessed and the administrative citation shall be canceled. If the nonemergency health and safety violation has not been corrected or otherwise remedied within the correction period, the enforcement officer shall have the authority to issue an administrative citation notifying the responsible person of the violation and the administrative fine owed to the city.
B. Repeated Violations. If an enforcement officer finds that a second or subsequent violation of the same code section or condition by the same responsible person has occurred within any twelve (12) month period, the enforcement officer shall have the authority to immediately issue an administrative citation notifying the responsible person of the violation and the administrative fine owed to the city, and no time to correct or otherwise remedy the nonemergency health and safety violation shall be provided prior to the imposition of an administrative fine.
C. Upon receipt of an administrative citation, the responsible person shall do the following:
1. Remedy the violation(s) if the violation(s) is a nonemergency health and safety violation. If all of the nonemergency health or safety violation(s) is/are corrected before the correction date provided on the administrative citation, no fine shall be imposed.
2. Pay the fine to the city within fifteen (15) calendar days from the correction date on the administrative citation. All fines assessed shall be payable to the city of San Jacinto. 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.
D. If the responsible person fails to correct all of the violation(s) set forth in the administrative citation, subsequent administrative citations may be issued for the same violation(s). The amount of the fine for failure to correct the violation shall increase at the rate specified in Section 1.28.030.
E. In addition to the immediate administrative citation and administrative fine remedy for repeated violations set forth in subsection B of this section, the procedures established in this code for administrative abatement and summary abatement, as means of addressing violations of this code, shall be in addition to criminal, civil, administrative or other legal or equitable remedies established by common law or statute that may be pursued to address violations. These remedies shall include, but shall not be limited to, criminal prosecution for the misdemeanor of maintaining, committing or allowing any public nuisance pursuant to California Penal Code Section 370 et seq., misdemeanor citation and penalty pursuant to Chapter 1.24, institution of a civil action to compel the abatement of a public nuisance pursuant to California Civil Code Section 3479 et seq., and administrative proceedings to enforce compliance with this code. Use of this chapter shall be at the sole discretion of the city. (Ord. 15-04 § 3: Ord. 07-27 § 1 (part))
1.28.070 Appeal of administrative citation.
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 person by completing a notice of appeal and request for hearing form and filing it with the city clerk within fifteen (15) calendar days from the date of service of the administrative citation, together with an advance deposit of the total amount of the fine, or the timely filing of a request for an advance deposit hardship waiver form pursuant to Section 1.28.080. Any administrative citation fine that has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.
B. In addition to the requirements listed in subsection A of this section, any appeal of the administrative citation shall include a detailed written explanation as to the grounds for appeal of the administrative citation. Any appeal shall be limited to such written grounds.
C. Failure to timely and properly file an appeal from an administrative citation shall constitute a waiver of all rights to an administrative appeal hearing.
D. Appeals of administrative citations shall be conducted under the provisions of Section 1.28.090. (Ord. 07-27 § 1 (part))
1.28.080 Advance deposit of hardship waiver.
A. Any person who intends to request a hearing to contest an administrative citation and who is financially unable to make the advance deposit of the fine may file a request for an advance deposit hardship waiver form, available from the finance department.
B. The request shall be filed with the director within five days following the date of the issuance of the administrative citation.
C. The requirement of depositing the full amount of the fine as described in Section 1.28.070(A) shall be stayed unless or until the director makes a determination not to issue the advance deposit hardship waiver.
D. The director may waive the requirement for advance deposit only if the cited party submits to the director a declaration under penalty of perjury supported by evidence that shows to the director’s reasonable satisfaction that such party is financially unable to deposit the total amount of the fine in advance of the hearing.
E. If the director determines not to issue an advance deposit hardship waiver, the cited party shall remit the deposit to the city within five days of the date of that decision or fifteen (15) days from the date of service of the administrative citation, whichever is later.
F. The director shall list his/her reasons for granting or not granting an advance deposit hardship waiver in writing and serve it on the cited party. The director’s decision is final. (Ord. 07-27 § 1 (part))
1.28.090 Hearing procedure—Fees.
A. A hearing request shall be deemed filed upon the city clerk’s receipt of payment of any hearing fee, which may be established by city council resolution, and the notice of appeal and request for hearing form. Any hearing fee shall not exceed the reasonable cost to the city of a hearing.
B. The hearing before the hearing officer shall be set for a date that is not less than fifteen (15) and not more than sixty (60) calendar days from the date of hearing request. The person requesting the hearing shall be notified of the time and place set for the hearing at least fifteen (15) calendar days prior to the date of the hearing.
C. The hearing officer shall only consider evidence that is relevant to the hearing matter.
D. The person requesting the hearing shall be given the opportunity to testify and present witnesses and evidence concerning the hearing matter.
E. The failure to appear at the hearing shall constitute a forfeiture of any fine and a failure to exhaust administrative remedies.
F. Any documents submitted by the city shall constitute prima facie evidence of the respective facts contained in those documents.
G. If the city submits an additional written report concerning the hearing matter to the hearing officer for consideration at the hearing, then a copy of the report shall also be served on the person requesting the hearing in accordance with Section 1.28.040 at least five days prior to the date of the hearing.
H. At least ten (10) days prior to the date of the hearing, the person requesting the hearing shall be provided with copies of the citations, reports and other documents submitted or relied upon by the city. No other discovery is permitted. Formal rules of evidence shall not apply.
I. The hearing officer may continue the hearing and request additional information from the city or the person requesting the hearing prior to issuing a written decision.
J. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within ten (10) days following the date of the hearing and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be the final administrative decision of the city.
K. Service of such decision shall be made by U.S. first class mail, addressed to the appellant at the address provided by such appellant on the appeal form.
L. The hearing officer is not required to provide transcriptions of hearings, but is required to make available tapes of hearings for a fee, which fee shall not exceed the reasonable cost of providing such tapes. (Ord. 07-27 § 1 (part))
1.28.100 Hearing officer’s decision.
A. If the hearing officer determines that the administrative citation should be upheld, and no appeal therefrom is taken, then the city shall retain the fine amount on deposit with the city.
B. If the hearing officer determines that the administrative citation should be upheld, no appeal therefrom has been taken, and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set a fine payment schedule for the payment of the fine.
C. If the hearing officer 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.
D. Appeals of hearing officer decisions shall be made pursuant to Government Code Section 53069.4(b).
E. The hearing officer also has the discretion to adjust citation fees if determined necessary, based on evidence provided by those who have a legal or equitable interest in the property or by the code enforcement officer. (Ord. 10-04 § 2; Ord. 07-27 § 1 (part))
1.28.110 Failure to pay fines.
A. Administrative citation penalties shall be a debt to the city and subject to all remedies for debt collection as allowed by law. The failure of any person to pay the civil fines assessed by an administrative citation within the time specified on the citation may result in the matter being referred to the city attorney to file a case with the appropriate court. Alternatively, the city may pursue any other legal remedy to collect the civil fines, including, without limitation, the referral of such collection to a collection agency or by lien.
B. Any person who fails to pay to the city any fine imposed pursuant to this chapter on or before the date that fine is due also shall be liable for the payment of late payment charges in the amount of twenty-five dollars ($25.00) per citation, plus interest at the maximum rate permitted by law.
C. In addition to any other legal remedy, the city may place a lien on property that is the subject of a citation if the citation has been issued to the current property owner of record. Persons issued administrative citations pursuant to this subsection C shall be notified in writing at the time of the issuance of the citation that unpaid fines and late payment fees are subject to the lien and special assessment collection procedures of this subsection C. Such notice shall also specify that the property subject to a special assessment may be sold after three years by the tax collector for unpaid delinquent assessments. The person issued an administrative citation penalty, or any other person with a legal or equitable interest in the property that is the subject of the administrative citation penalty, may contest the imposition of a lien or special assessment for such administrative citation penalty only by seeking a hearing pursuant to Section 1.28.070. Failure to seek such a hearing and raise the issue of the imposition of a lien or special assessment at that time shall constitute a waiver by such person of that person’s right to contest the imposition of any lien and special assessment pursuant to this subsection. If an unpaid administrative citation penalty has been issued and either upheld pursuant to Section 1.28.100 or, if the person issued the administrative citation penalty has failed to appeal the issuance of the administrative citation penalty, the city, in addition to any other remedies it may have, may take the following actions in order to recover such unpaid delinquent administrative fines and late payment fees as a lien or special assessment on the real property that is the subject of the administrative citation, the following shall occur:
1. Annually, or more often as determined by the city council, the city council shall, by ordinance or resolution, confirm the amounts of the liens and special assessments sought to be collected from each respective property.
2. The city council’s confirmation shall include the amounts of the administrative citation penalties, any late payment fees associated therewith and any applicable interest. Upon such confirmation, the city council shall authorize the city staff to take any further steps necessary to enforce collection of the liens and special assessments, including but not limited to the following:
a. Requesting the county recorder to record a notice of any lien confirmed by the city council against the respective property; and
b. Requesting the county tax collector on behalf of the city to collect any special assessment confirmed by the city council.
3. Special Assessment. Except as provided in subsection (C)(4) of this section, the amount of the proposed lien may be collected as a special assessment at the same time and in the same manner as property taxes are collected. All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the proposed lien, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of enforcement relating to the property shall be transferred to the unsecured roll for collection.
4. Lien. If the city council determines that the proposed lien authorized pursuant to subsection (C)(3) of this section shall also become a lien, the city council may also cause a notice of lien to be recorded. This lien shall attach upon recordation in the office of the Riverside County recorder and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice shall, at a minimum, identify the record owner of the property, set forth the last known address of the record owner, set forth the date upon which the lien was created against the property, and include a description of the real property subject to the lien and the amount of the lien. (Ord. 10-04 § 3; Ord. 07-27 § 1 (part))
1.28.120 Notices.
A. The administrative citation and all notices to be given by this chapter shall be served on the responsible person or, when required to, other persons pursuant to Section 1.28.110(C) in accordance with the provisions of this chapter and Section 1.28.040, where applicable.
B. Failure to receive actual notice specified in this chapter does not affect the validity of proceedings conducted hereunder. (Ord. 07-27 § 1 (part))
1.28.130 Right to judicial review.
A. Any person aggrieved by a decision of a hearing officer may obtain review of the decision by filing a petition for review with the Riverside County superior court in accordance with the timelines and provisions as set forth in Government Code and/or Code of Civil Procedure, as applicable.
B. Nothing contained in this section shall be construed to prohibit any person from seeking prompt judicial review of a decision of a city official regarding the issuance, denial, suspension or revocation of a permit or license for an activity protected by the First Amendment of the United States Constitution as provided by Code of Civil Procedure Section 1094.8. The city shall comply with all requirements described therein for prompt judicial review. (Ord. 07-27 § 1 (part))
1.28.140 Contracting with the Office of Administrative Hearings.
Pursuant to Government Code Section 27727, the city manager is authorized to enter into a contract with the Office of Administrative Hearings of the State of California for services for an administrative law judge or a hearing officer to conduct proceedings pursuant to this chapter. The duties and responsibilities of the hearing officer shall be set forth in the contract. Reimbursement to the Office of Administrative Hearings for the services of hearing officers shall be made as provided in the contract. If no provision for reimbursement is contained in the contract, reimbursement shall be made on a pro rata basis of actual cost to the Office of Administrative Hearings in providing the service including salaries, benefits, overhead and any travel expenses. (Ord. 07-27 § 1 (part))