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) 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)
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)
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)