[Ord. No. 1097; Ord. No. 1177, § 1.]
(a)
This article 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 citations process set forth in this article does
not apply to continuing violations of this Code that pertain to building,
plumbing, electrical, or other similar structural or zoning issues.
[Ord. No. 1097; Ord. No. 1177, § 1.]
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. No. 1097; Ord. No. 1177, § 1.]
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. The administrative citation shall include the following:
(a)
The date of the violation or, if the date of the violation is unknown,
then the date the violation is identified;
(b)
The address or a definite description of the location where the violation
occurred;
(c)
The section of this Code violated and a description of the violation;
(d)
The amount of the fine for the Code violation;
(e)
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;
(f)
An order prohibiting the continuation or repeated occurrence of the
Code violation described in the administrative citation;
(g)
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 hearing form to contest the
administrative citation may be obtained; and
(h)
The name and signature of the citing enforcement officer.
[Ord. No. 1097; Ord. No. 1177, § 1.]
(a)
The amounts of the fines for Code violations imposed pursuant to
this chapter shall be set forth in the schedule of fines established
by resolution of the City Council.
(b)
The schedule of fines shall specify any increased fines for repeat
violations of the same Code provision by the same person within thirty-six
months from the date of an 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. No. 1177, § 1.]
(a)
The fine shall be paid to the City within thirty working days from
the date of the administrative citation.
(b)
Any administrative citation fine paid pursuant to Subsection (a) shall be refunded in accordance with § 19-79 (d) 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. No. 1097; Ord. No. 1177, § 1.]
(a)
Any recipient of an administrative citation may contest that there was 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 within thirty working days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to § 19-76 (a).
(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 working days prior to the date
of the hearing.
(d)
If the enforcement officer submits an additional written report concerning
the administrative citation to the appeals board for consideration
at the hearing, then a copy of this report also shall be served on
the person requesting the hearing at least five working days prior
to the date of the hearing.
[Ord. No. 1097; Ord. No. 1177, § 1.]
(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 financially unable to make the advance deposit of the fine as required in § 19-75 (a) may file a request for an advance deposit hardship waiver.
(b)
The request shall be filed with the department of finance on an advance
deposit hardship waiver application form, available from the department
of finance, within fifteen working days of the date of the administrative
citation.
(c)
The requirement of depositing the full amount of the fine as described in § 19-75 (a) shall be stayed unless or until the director of finance makes a determination not to issue the advance deposit hardship waiver.
(d)
The director may waive the requirement of an advance deposit set forth in § 19-75 (a) and issue the advance 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 advance deposit hardship
waiver, the person shall remit the deposit to the City within ten
working days of the date of that decision or thirty 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 advance deposit
hardship waiver. The written determination of the director shall be
final.
(g)
The written determination of the director shall be served upon the
person who applied for the advance deposit hardship waiver.
[Ord. No. 1097; Ord. No. 1177, § 1.]
Appeals board means the board, commission, or other administrative
entity of the City to which the City Council has delegated the authority
to set, notice and conduct certain public hearings and make certain
related findings and orders pursuant to this chapter. The City Council
hereby establishes an appeals board consisting of three members. The
City Council has the authority to appoint said members of the appeals
board and said members shall serve at the pleasure of the City Council.
Members of the appeals board shall be either residents or owners of
a business within the City of Oakdale.
[Ord. No. 1097; Ord. No. 1177, § 1.]
(b)
A hearing before the appeals board shall be set for a date that is
not less than fifteen working days and not more than sixty working
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 their 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 appeals board 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. No. 1097; Ord. No. 1177, § 1.]
(a)
After considering all of the testimony and evidence submitted at
the hearing, the appeals board shall issue a written decision to uphold
or cancel the administrative citation and shall list in the decision
the reasons for that decision. The decision of the appeals board shall
be final.
(b)
If the appeals board 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 appeals board determines that the administrative citation
should be upheld and the fine has not been deposited pursuant to an
advance deposit hardship waiver, the appeals board shall set forth
in the decision a payment schedule for the fine.
(d)
If the appeals board determines that the administrative citation
should be canceled and the fine was deposited with the City, then
the City shall, within fifteen working days, refund the amount of
the deposited fine, together with interest at the average rate earned
on the City's portfolio for the period of time that the fine
amount was held by the City.
(e)
The recipient of the administrative citation shall be served with
a copy of the appeals board written decision.
[Ord. No. 1097; Ord. No. 1177, § 1.]
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 also shall be liable for the payment of any applicable late
payment charges set forth in the schedule of fines.
[Ord. No. 1097; Ord. No. 1177, § 1.]
The City may collect any past due administrative citation fine
or late payment charge by use of all available legal means.
[Ord. No. 1097; Ord. No. 1177, § 1.]
Any person aggrieved by an administrative decision of the appeals
board on an administrative citation may obtain review of the administrative
decision by filing a petition for review with the municipal court
in Stanislaus County in accordance with the time lines and provisions
set forth in California Government Code Section 53069.4.
[Ord. No. 1097; Ord. No. 1177, § 1.]
(a)
The administrative citation and all notices required to be given
by this chapter, unless different provisions herein are otherwise
specifically made, shall be given either by personal delivery thereof
to the person to be notified or by deposit in the United States mail,
in a sealed envelope postage prepaid, addressed to such person to
be notified at the last known business or residence address as the
same appears in the public records or other records pertaining to
the matter to which such notice is directed. Service by mail shall
be deemed to have been completed at the time of deposit in the post
office.
(b)
Failure to receive any notice specified in this chapter does not
affect the validity of proceedings conducted hereunder.
