Chapter 2-11
ADMINISTRATIVE CITATIONS
Sections:
Article 1. Administrative Citations.
2-11-102 Enforcement officer defined.
2-11-103 Administrative citation.
2-11-104 Administrative citation fines.
2-11-107 Advanced deposit hardship waiver.
2-11-110 Hearing Officer’s decision.
2-11-111 Late payment charges.
2-11-112 Recovery of administrative citation fines and costs.
2-11-113 Right to judicial review.
Article 1. Administrative Citations.
2-11-101 Applicability.
(a) This chapter provides for administrative citations which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code.
(b) The administrative citation process set forth in this chapter applies to all violations of this Code including those pertaining to building, plumbing, electrical, or other similar structural or zoning issues.
(Ord. 1152-CS, Added, 08/11/11)
2-11-102 Enforcement officer defined.
For purposes of this chapter, “Enforcement Officer” shall mean any City employee or agent of the City with the authority to enforce any provision of this Code.
(Ord. 1152-CS, Added, 08/11/11)
2-11-103 Administrative citation.
(a) Whenever an Enforcement Officer charged with the enforcement of any provision of this Code determines that a violation of that provision has occurred, the Enforcement Officer shall have the authority to issue an administrative citation to any person responsible for the violation.
(b) Each administrative citation shall contain the following information:
(1) The date of the violation(s);
(2) The address or a definite description of the location where the violation(s) occurred;
(3) The section(s) of this Code violated and a description of the violation(s);
(4) The amount of the fine for the violation(s);
(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 violation(s) 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 a hearing form to contest the administrative citation may be obtained;
(8) The name and signature of the citing Enforcement Officer; and
(9) A statement that a failure to appeal shall constitute a failure to exhaust administrative remedies and result in the citation becoming a final administrative enforcement order.
(Ord. 1152-CS, Added, 08/11/11)
2-11-104 Administrative citation fines.
(a) If the responsible party fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s). The amount of the fine(s) shall increase at a rate specified in subsection (b) of this section.
(b) The penalties assessed for each violation cited shall be as follows:
(1) First administrative citation. One Hundred and no/100ths ($100.00) Dollars for each violation cited.
(2) Second administrative citation within a twelve (12) month period. Two Hundred and no/100ths ($200.00) Dollars for each violation cited.
(3) Third or subsequent administrative citation within a twelve (12) month period. Five Hundred and no/100ths ($500.00) Dollars for each violation cited.
(c) The penalties assessed for a violation of local building and safety codes shall be as follows:
(1) First administrative citation. One Hundred and no/100ths ($100.00) Dollars for a first violation.
(2) Second administrative citation. Five Hundred and no/100ths ($500.00) Dollars for a second violation of the same ordinance within one (1) year.
(3) Third or subsequent administrative citations. One Thousand and no/100ths ($1,000.00) Dollars for each additional violation of the same ordinance within one (1) year of the first violation.
(d) Payment of the fine(s) shall not excuse the failure to correct the violation(s) nor shall it bar further enforcement action by the City.
(e) All fine(s) assessed shall be payable to the City of Turlock unless otherwise directed on the citation. An administrative citation may be issued for multiple violations. Each violation constitutes a separate offense for which a separate penalty may be imposed. The aggregate amount of penalties imposed for each violation cited will be set forth on the administrative citation.
(Ord. 1152-CS, Added, 08/11/11)
2-11-105 Payment of fines.
(a) Fines shall be paid to the City within thirty (30) days from the date of the administrative citation.
(b) Any administrative citation fine paid pursuant to this section shall be refunded in accordance with TMC 2-11-110 if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.
(c) Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.
(Ord. 1152-CS, Added, 08/11/11)
2-11-106 Hearing request.
(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 party by completing a request for hearing form and returning it to the City Clerk’s office within thirty (30) days from the date of the administrative citation, together with an advanced deposit of the fine or notice that a request for an advanced deposit hardship waiver has been filed pursuant to TMC 2-11-107.
(b) A request for hearing form may be obtained from the department specified on the administrative citation.
(c) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.
(d) If the Enforcement Officer submits an additional written report concerning the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of this report shall also be served on the person requesting the hearing at least five (5) days prior to date of the hearing.
(Ord. 1152-CS, Added, 08/11/11)
2-11-107 Advanced deposit hardship waiver.
(a) Any person who intends to request a hearing to contest that there was a violation of the Code or that he or she is the responsible party and who is fiscally unable to make the advanced deposit of the fine as required in TMC 2-11-106(a) may file a request for an advanced deposit hardship waiver.
(b) The request shall be filed with the Department of Finance on an advanced deposit hardship waiver application form, available from the Department of Finance, within ten (10) days of the date of the administrative citation.
(c) The requirement of depositing the full amount of the fine as described in TMC 2-11-106(a) shall be stayed unless or until the Director of Finance makes a determination not to issue the advanced deposit hardship waiver.
(d) The Director may waive the requirement of an advance deposit set forth in TMC 2-11-106(a) and issue the advanced deposit hardship waiver only if the cited party submits to the Director a sworn affidavit, together with any supporting documents or materials, demonstrating 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) If the Director determines not to issue an advanced deposit hardship waiver, the person shall remit the deposit to the City within ten (10) days of the date of that decision or thirty (30) days from the date of the administrative citation, whichever is later.
(f) The Director shall issue a written determination listing the reasons for his or her determination to issue or not issue the advanced deposit hardship waiver. The written determination of the Director shall be final and served upon the person who applied for the advance deposit hardship waiver.
(Ord. 1152-CS, Added, 08/11/11)
2-11-108 Hearing Officer.
The City Manager shall designate the Hearing Officer for the administrative citation hearing.
(Ord. 1152-CS, Added, 08/11/11)
2-11-109 Hearing procedure.
(a) No hearing to contest an administrative citation before a Hearing Officer shall be held unless the fine has been deposited in advance in accordance with TMC 2-11-106 or an advance deposit hardship waiver has been issued in accordance with TMC 2-11-107.
(b) A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this chapter.
(c) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.
(d) The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.
(e) 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.
(f) The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the administrative citation prior to issuing a written decision.
(Ord. 1152-CS, Added, 08/11/11)
2-11-110 Hearing Officer’s decision.
(a) After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold or cancel the administrative citation and shall list therein the reasons for that decision. The decision of the Hearing Officer shall be final.
(b) If the Hearing Officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City.
(c) If the Hearing Officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the Hearing Officer shall set forth in the decision a payment schedule for the fine.
(d) 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.
(e) The recipient of the administrative citation shall be served with a copy of the Hearing Officer’s decision.
(f) The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the Hearing Officer.
(Ord. 1152-CS, Added, 08/11/11)
2-11-111 Late payment charges.
Any person who fails to pay to the City any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due shall be liable for a late payment charge of ten (10%) percent of the amount of the fine remaining unpaid and due the City.
(Ord. 1152-CS, Added, 08/11/11)
2-11-112 Recovery of administrative citation fines and costs.
The City may collect any past due administrative citation fines or late payment charges by use of all available legal means.
(Ord. 1152-CS, Added, 08/11/11)
2-11-113 Right to judicial review.
Any person aggrieved by an administrative decision of a Hearing Officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Stanislaus County Superior Court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.
(Ord. 1152-CS, Added, 08/11/11)