Chapter 4.14
ADMINISTRATIVE CITATIONS
Sections:
4.14.010 Declaration of purpose.
4.14.040 Contents of notice of administrative citation.
4.14.050 Appeal of administrative citation.
4.14.060 Administrative enforcement order.
4.14.080 Failure to pay penalties.
4.14.090 Allocation of administrative penalties.
4.14.010 DECLARATION OF PURPOSE.
The city council finds that there is a need for an alternative method of enforcement for violations of the Santa Cruz Municipal Code and applicable state codes. The city council further finds that an appropriate method of enforcement for violations is an administrative citation program as authorized by California Government Code Section 53069.4. The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the Santa Cruz Municipal Code or applicable state codes.
(Ord. 2000-17 § 2 (part), 2000).
4.14.020 AUTHORITY.
(1) Any person violating any provision of the Santa Cruz Municipal Code or applicable state code may be issued an administrative citation by an enforcement official as provided in this chapter.
(2) Each and every day a violation of the Santa Cruz Municipal Code or applicable state code exists constitutes a separate and distinct offense for which an administrative citation may issue.
(3) An administrative fine shall be assessed by means of an administrative citation issued by the enforcement official and shall be payable directly to the city finance department.
(4) Administrative fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this chapter.
(5) The administrative citation 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 or zoning issues, unless a reasonable opportunity to correct or otherwise remedy the violation is first given to the violator. Ten days shall be deemed to be a reasonable period in the case of most such continuing violations; however, a longer period, in no case to exceed thirty days, shall be allowed at the discretion of the enforcement official. Nothing in this section shall prevent the city from utilizing the administrative citation process for building, plumbing, electrical, or other similar structural or zoning violations which are transient and noncontinuing in nature, or create an immediate danger to health or safety.
(Ord. 2000-17 § 2 (part), 2000).
4.14.030 PROCEDURES.
(1) Upon discovering any violation of the Santa Cruz Municipal Code or applicable state codes, an enforcement official may issue an administrative citation to a responsible person in the manner prescribed in this chapter. The administrative citation shall be issued on a form approved by the city manager.
(2) In the case of a business, the enforcement official shall attempt to locate the business owner and issue the business owner an administrative citation. If the enforcement official can only locate the manager of the business or the person in apparent charge of the business, the administrative citation may be issued to such person, who may sign or receive the administrative citation as agent for the responsible person or owner of the business. A copy of the administrative citation shall also be mailed to the business owner or responsible person in the manner prescribed by Chapter 4.03.
(3) Once the responsible person is located, the enforcement official 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 citation and subsequent proceedings.
(4) If the enforcement official is unable to locate the responsible person for the violation, then the administrative citation shall be mailed to the responsible person in the manner prescribed in Chapter 4.03.
(5) If no one can be located at 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 in the manner prescribed by Chapter 4.03.
(6) The administrative citation shall also contain the signature of the enforcement official.
(7) The administrative citation shall be mailed to the responsible person in the manner prescribed by Chapter 4.03. Provided that an administrative citation is properly issued to a responsible person, the failure of any person with an interest in the property to receive notice shall not affect the validity of any proceedings taken under this chapter.
(Ord. 2000-17 § 2 (part), 2000).
4.14.040 CONTENTS OF NOTICE OF ADMINISTRATIVE CITATION.
(1) The administrative citation shall refer to the date and location of the violations and the approximate time the violations were observed.
(2) The administrative citation shall refer to the code sections violated and describe how the sections are violated.
(3) The administrative citation shall describe the action required to correct the violations.
(4) The administrative citation shall require the responsible person to immediately correct the violations and shall explain the consequences of failure to correct the violations.
(5) The administrative citation shall state the amount of penalty imposed for the violations.
(6) The administrative citation shall explain how the penalty shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the penalty.
(7) The administrative citation shall provide notice of the right to appeal.
(8) The citation shall contain the signature of the enforcement official and the signature of the responsible person if that person can be located, as outlined in Section 4.14.030(3).
(Ord. 2000-17 § 2 (part), 2000).
4.14.050 APPEAL OF ADMINISTRATIVE CITATION.
An appeal of an administrative citation shall follow the procedures set forth in Chapter 4.20.
(Ord. 2000-17 § 2 (part), 2000).
4.14.060 ADMINISTRATIVE ENFORCEMENT ORDER.
The appeal hearing shall follow the enforcement hearing procedures set forth in Chapter 4.22. As part of the administrative enforcement order made pursuant to an administrative enforcement appeal, the enforcement hearing officer may reduce, waive or conditionally reduce the penalties or late fees assessed by the citation. The enforcement hearing officer may also impose conditions and deadlines to correct the violations or require payment of any outstanding penalties. The enforcement hearing officer may assess reasonable administrative costs.
(Ord. 2000-17 § 2 (part), 2000).
4.14.070 PENALTIES ASSESSED.
(1) Subject to the limitations set forth in subsection (3) of this section, the penalty assessed for a first violation of the municipal code for which an administrative citation is issued shall be the same as the base bail amount adopted by the Santa Cruz County Superior Court in its County of Santa Cruz bail schedule for violations of the Santa Cruz Municipal Code.
(2) If the responsible person fails to correct the violation, subsequent administrative citations may be issued for the same violation. The amount of the penalty shall increase at a rate specified in this chapter.
(3) The penalties assessed for each administrative citation issued for the same violation shall not exceed the following amounts:
(1) First violation: $100.00;
(2) Second violation within a one year period: $200.00;
(3) Third or subsequent violation within a one year period: $500.00.
(4) Payment of the penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.
(5) All penalties assessed shall be payable to the city finance department.
(Ord. 2000-17 § 2 (part), 2000).
4.14.080 FAILURE TO PAY PENALTIES.
The failure of any person to pay the administrative fines assessed by an administrative citation within the time specified on the citation may result in the enforcement official referring the matter to the city finance director to file a claim with the small claims court. Alternatively, the enforcement official may pursue any other legal remedy to collect the administrative fines as provided in Section 4.12.110 of Chapter 4.12.
(Ord. 2000-17 § 2 (part), 2000).
4.14.090 ALLOCATION OF ADMINISTRATIVE FINES.
Administrative fines collected pursuant to this chapter shall be deposited in the code enforcement civil penalties fund established pursuant to Chapter 44.28.
(Ord. 2000-17 § 2 (part), 2000).