[Ord. #09-01, § 1]
This section shall be known as the "Administrative Citation
Ordinance."
[Ord. #09-01, § 1]
An administrative penalty is a monetary penalty, or fine, imposed
by the City but subject to review by a court. An administrative penalty
is designed to deter violations of City ordinances and to create a
speedy and efficient way to gain compliance. It is a civil matter,
not a criminal proceeding. The amounts of penalties are set forth
by resolution of the City Council.
[Ord. #09-01, § 1]
For the purposes of this section, "enforcement officer" shall
mean any City employee or agent of the City given the authority to
enforce any provision of this Code. Designated enforcement officers
shall have the authority to issue administrative citations pursuant
to this section.
[Ord. #09-01, § 1]
Upon receipt of an administrative citation, the responsible
party must do the following:
a. Pay the fine to the City within fifteen (15) days from the date the
administrative citation was issued. All fines assessed shall be payable
to the City of Albany. 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; and
b. Remedy the violation(s). If the responsible person fails to correct
the violation(s), 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 a rate specified in this section or
in the Master Fee Resolution.
[Ord. #09-01, § 1]
Any recipient of an administrative citation may contest that
there was a violation of the Municipal Code, other ordinances adopted
by the City, or conditions on entitlements; or contest that he or
she is the responsible party by paying the specified fine to the City;
and completing a Request for Hearing Form and returning it to the
City Clerk, or designee, within fifteen (15) days from the date the
citation was issued.
[Ord. #09-01, § 1]
The City Administrator, or designee, shall designate the Hearing
Officer for the administrative citation hearing. The employment, performance
evaluation, compensation, and benefits of the Hearing Officer, if
any, shall not be directly or indirectly conditioned upon the amount
of fines upheld by the Hearing Officer.
[Ord. #09-01, § 1]
The failure of any person to pay the civil fines assessed by
an administrative citation within the time specified on the citation
or after an administrative hearing will result in the collection of
the fine by the City. The City may pursue any available legal remedy
to collect civil fines, including but not limited to judgments, liens,
small claims actions, and collections. The City may also recover its
collections costs according to proof.
[Ord. #09-01, § 1]
Any person aggrieved by an administrative decision of a Hearing
Officer on the administrative citation may obtain review of the administrative
decision by filing a petition for review with the Alameda County Superior
Court in accordance with the timelines and provisions as set forth
in California
Government Code Section 53069.4. This
Government Code
section shall be limited to proceedings under Chapter 1-11 of the
Albany Municipal Code.
[Ord. #09-01, § 1]
Each Correction Notice shall contain the following information:
a. Date, approximate time, and address or definite description of the
location where the violation(s) was observed;
b. The Code sections or conditions violated and a description of the
violation(s);
c. An order to the responsible party to correct the violations within
the time specified (compliance date), and an explanation of the consequences
of failure to correct the violation(s) including the fine for the
violation;
d. The name and signature of the Enforcement Officer.
[Ord. #09-01, § 1]
Upon receipt of a Correction Notice, the responsible party must
remedy the violation(s) and notify the Enforcement Officer at the
address provided on the Notice that the correction has been accomplished.
If the violation(s) is corrected before the compliance date provided,
no fine shall be imposed.