CHAPTER 7. ADMINISTRATIVE CITATIONS AND FINES

1-7.100 Municipal Code Violations.

In addition to all the other remedies provided by this Code and in state law for violations of this Code, pursuant to Government Code section 53069.4 there is hereby established a procedure for the imposition of administrative fines and penalties, hereafter referred to as "fines." (§1, Ord. 2008, eff. 3/20/03)

1-7.101 Issuance of Administrative Citations.

(a) The Chief Building Official, Engineering Inspection Supervisor, Building Inspection Supervisor, Code Enforcement Officers, Revenue Collection Coordinator and any other person designated in writing by the Community Development Director are authorized to issue administrative citations, hereafter referred to as "citations."

(b) Except for issues that relate to immediate danger to health or safety, if the citation is issued for a continuing violation of zoning, building, plumbing, electrical or similar structural or zoning issues a reasonable time of not less than 10 calendar days shall have previously been designated in writing for compliance. (§1, Ord. 2008, eff. 3/20/03)

1-7.102 Contents of Administrative Citations.

Each citation shall include the following information:

(a) The name of the person or entity to whom the citation is issued.

(b) The address or location where the violation is observed.

(d) The date by which an administrative review of the citation must be sought before the administrative fine becomes final.

(e) The procedure for seeking administrative review of the citation.

(f) The amount of the administrative fine.

(g) The manner of payment of the administrative fine. (§1, Ord. 2008, eff. 3/20/03)

1-7.103 Service of Administrative Citations.

A citation shall be served in one of the following methods:

(a) The Code Enforcement Officer may personally serve the notice of violation or citation on the person responsible for the violation. The notice of violation or citation shall become effective on the date of personal service.

(b) The Code Enforcement Officer may mail the notice of violation or citation by certified mail, return receipt requested, to the owner of the property where the violation occurred at the address shown on the county's last property tax assessment rolls or to any other address known for the owner. The notice of violation or citation shall become effective on the date of the certified mailing.

(c) The Code Enforcement Officer may post the property where the violation occurred with the notice of violation or citation in a conspicuous place when the owner or person responsible for the violation resides at an unknown address. A copy of the notice of violation or citation also shall be sent by certified mail, return receipt requested, to the subject property where the violation occurred to the owner's attention. The notice of violation or citation shall become effective on the date of the posting of the property.

(d) The failure of an owner or other person responsible for the violation to receive a notice of violation or citation shall not affect the validity of any proceedings taken under this chapter. (§3, Ord. 2109, eff. 6/15/12)

1-7.104 Request for Review.

(a) Any person seeking administrative review of a citation must file a written request with the City Clerk within ten (10) days of the issuance of the citation, or the date indicated on the citation, whichever is later.

(b) In the absence of the filing of such a written request the fine is final. (§1, Ord. 2008, eff. 3/20/03; §3, Ord. 2109, eff. 6/15/12. Formerly 1-7.103).

1-7.105 Administrative Review.

(a) The City Manager may from time to time appoint one or more Administrative Hearing Officers who, upon the filing of a timely request for administrative review, shall review the issuance of citations and the proposed administrative fine. Administrative Hearing Officers may be City employees. Administrative Hearing Officers shall not be employed, managed or controlled by a person whose primary duties are enforcement of the ordinance that the person cited has allegedly violated. An Administrative Hearing Officer's continued employment performance evaluation, compensation and benefits shall not, directly or indirectly, be linked to the amount of fines collected by the Administrative Hearing Officer. The Administrative Hearing Officer shall conduct an informal hearing, without the use of the rules of evidence, to determine whether there was good cause for the issuance of the citation, whether more time should be granted for compliance, and whether the amount of the proposed fine should be upheld, reduced or waived.

(b) Upon receiving a timely request for administrative review, the Administrative Hearing Officer shall notify the requesting party in writing of the time, date and place of the administrative hearing. The Administrative Hearing Officer may continue the hearing from time to time.

(c) The decision of the Administrative Hearing Officer shall be final. The Administrative Hearing Officer shall notify the party seeking review as to the decision, the time in which the fine, if any, must be paid, and the opportunity for judicial review within 20 days of service of the decision as provided in Government Code Section 53069.4(b). (§1, Ord. 2008, eff. 3/20/03; §3, Ord. 2109, eff. 6/15/12. Formerly 1-7.103)

1-7.106 Amount of Fines.

The maximum fines that may be imposed under this Chapter are:

(a) One hundred dollars ($100) for the first violation.

(b) Two hundred dollars ($200) for a second violation of the same ordinance within one year.

(d) Every day any violation of this Code or any ordinance of the City shall continue shall constitute a separate offense. (§1, Ord. 2008, eff. 3/20/03; §3, Ord. 2109, eff. 6/15/12. Formerly 1-7.104)

1-7.107 Collection of Fines.

Fines authorized by this Chapter shall be due and payable:

(a) Upon the date specified in the citation if no timely request for administrative review is received.

(b) Upon administrative review, on the date specified in the decision of the Administrative Hearing Officer.

(c) Upon judicial review, within ten (10) days of the decision of the court unless a different date is specified in the court's decision. (§1, Ord. 2008, eff. 3/20/03; §3, Ord. 2109, eff. 6/15/12. Formerly 1-7.105)

1-7.108 Debt to City

Any fine not paid by its due date shall be a debt to the City. The fine may be collected by any method used to collect civil debts due and owing to the City. If the City has commenced procedures for the abatement of nuisances on the same premises, and if the costs of abatement are placed as a lien against the real property, the administrative fine amount may be added to the abatement costs and made a lien against the property. (§1, Ord. 2008, eff. 3/20/03; §3, Ord. 2109, eff. 6/15/12. Formerly 1-7.106)