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. Application of this chapter shall be at the sole discretion of the city.
(Ord. 2552-96 § 1)
For the purposes of this chapter, "enforcement officer" means any city employee or agent of the city with the authority to enforce any provision of this code, as designated by the city manager or department director.
(Ord. 2552-96 § 1; Ord. 2998-13 § 3)
(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 violation;
(2) 
The address or a definite description of the location where the violation occurred;
(3) 
The provision(s) violated and a description of the violation;
(4) 
The amount of the fine for the violation;
(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 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 hearing form to contest the administrative citation may be obtained; and
(8) 
The name and signature of the enforcement officer.
(Ord. 2552-96 § 1)
(a) 
The amounts of the fines for 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 provision by the same person within thirty-six months from the date of an administrative citation.
(c) 
The schedule of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date.
(Ord. 2552-96 § 1)
(a) 
The fine shall be paid to the city within thirty days from the date of the administrative citation.
(b) 
Any administrative citation fine paid pursuant to subsection (a) shall be refunded in accordance with Section 1.05.100 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 violation that is the subject of the administrative citation.
(Ord. 2552-96 § 1)
(a) 
Any recipient of an administrative citation may contest that there was a violation or that he or she is the responsible party by completing a "Request for Hearing Form" and returning it to the city within fifteen days from the date of the administrative citation.
(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 in writing of the time and place set for the hearing at least ten calendar 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 also shall be served on the person requesting the hearing no less than five calendar days prior to the date of the hearing.
(Ord. 2552-96 § 1; Ord. 2888-09 § 2)
(a) 
The city manager shall designate the hearing officer for the administrative citation hearing.
(b) 
A hearing before the hearing officer shall be set for a date that is not less than fifteen calendar days and not more than sixty calendar 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 waiver of any objections to the imposition of a fine or other appropriate remedy imposed by the hearing officer, 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 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. 2552-96 § 1)
(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 state in the decision 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 hearing officer shall determine the amount of the fine to be imposed, and shall specify a date by which the fine is to be paid to the city.
(c) 
The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision.
(Ord. 2552-96 § 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. 2552-96 § 1)
(a) 
The city may collect any past-due administrative citation fine or late payment charge by use of all available legal means. The city also may recover its collection costs pursuant to this code.
(b) 
Whenever the amount of any administrative penalty and/or administrative cost imposed pursuant to this chapter in connection with real property has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely appeal pursuant to California Government Code Section 53069.4, this obligation may constitute a lien or, in the alternative, a special assessment against the real property on which the violation of the city code occurred.
(c) 
Lien Procedure.
(1) 
Whenever the amount of any administrative citation imposed pursuant to this chapter in connection with real property has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely appeal under California Government Code Section 53069.4, this obligation may constitute a lien against the real property on which the violation occurred.
(2) 
The lien provided herein shall have no force and effect until recorded with the county recorder. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provisions of Section 697.340 of the Code of Civil Procedure and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.
(3) 
Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law.
(4) 
Prior to recording any such lien, the director of finance shall prepare and file with the city clerk a report stating the amounts due and owing.
(5) 
The city clerk shall fix a time, date and place for hearing such report and any protests or objections thereto by city council.
(6) 
The director of finance shall cause written notice to be served on the property owner not less than ten days prior to the time set for the hearing. Such notice shall be served as provided in Section 1.08.100.
(d) 
Special Assessment Procedure.
(1) 
As an alternative to the lien procedure authorized by Section 1.05.110(c), there is hereby established a procedure for making the administrative citation imposed pursuant to this chapter and related administrative costs a special assessment against the subject real property.
(2) 
Whenever the amount of any administrative citation imposed pursuant to this chapter in connection with real property has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely appeal, the finance director shall prepare and file with the city council a report stating the amounts due and owing, the date of the administrative order or abatement order, the street address, legal description and assessor's parcel number of the subject property, and the name and address of the recorded owner of the property.
(3) 
Prior to the imposing of the special assessment, the enforcement officer shall serve a copy of the report provided under subsection (d)(2) of this section on the property owner, along with notice that the property may be sold by the county of Santa Clara tax collector for unpaid delinquent assessments. Such notice shall be served by certified mail to the property owner. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Santa Clara County. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice.
(4) 
At the time and place fixed for receiving and considering the report provided under subsection (d)(2) of this section, the city council shall hear the same together with any objections which may be raised by any of the property owners liable to be assessed. Upon such hearing, the council may make such modifications in the proposed assessment thereof as it may deem necessary, after which such report and assessment list shall be confirmed by resolution.
(5) 
The director of finance shall cause the amount of the assessment to be entered on the city assessment roll opposite the description of the particular property, and the amount shall be collected together with all other taxes thereon upon the property. Thereafter such amounts shall be collected at the same time, and in the same manner, as general city taxes are collected and shall be subjected to the same penalties and interest, and the same procedure and sale in case of delinquency as provided for city taxes. All laws and ordinances applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such special assessment.
(Ord. 2552-96 § 1; Ord. 2923-10 § 1)
(a) 
The administrative citation and all notices required to be given by this chapter shall be served on the responsible party in accordance with the provisions of Section 1.08.100.
(b) 
Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.
(Ord. 2552-96 § 1)
Any person aggrieved by an administrative decision by the hearing officer regarding the disposition of an administrative citation may obtain review by filing a petition for review with the municipal court in accordance with the timelines and provisions set forth in Government Code Section 53069.4.
(Ord. 2552-96 § 1)