A. 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. As used in this
chapter, “violation” includes noncompliance with conditions
of approval of a discretionary permit.
B. The
administrative citations process set forth in this chapter shall not
apply to continuing violations of this code that pertain to building,
plumbing, electrical, or other similar structural or zoning issues
endangering the life, health, property or safety of the public or
occupants. This shall not, however, prevent the city from utilizing
the administrative citations process for building, plumbing, electrical,
or other similar structural or zoning violations which are transient
and non-continuing in nature or which do not endanger the life, health,
property or safety of the public or occupants.
C. These
sections shall not supersede any other sections of this code which
address additional legal or administrative remedies available for
city code violations; use of the administrative citation process shall
be at the sole discretion of the city.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008)
For purposes of this chapter, the following definitions shall
apply:
“Enforcement officer”
shall mean any city employee or agent of the city with the
authority to enforce any provision of this code, including, but not
limited to, an animal control officer, building inspector, building
official, chief building inspector, city attorney, code enforcement
inspector, fire chief, fire inspector, fire marshal, housing inspector,
planning manager, public works inspector, water conservation specialist,
construction inspector, engineer, and any police officer.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. 5828 § 2, 2017)
A. Whenever
an enforcement officer charged with the enforcement of this code determines
that a violation of a code provision has occurred, the enforcement
officer shall have the authority to issue an administrative citation
to any responsible party.
B. Each
administrative citation shall contain the following information:
1. The
date of the violation;
2. The
address or a definite description of the location where the violation
occurred;
3. The
section of this code violated and a description of the violation;
and
4. The
name and signature of the citing enforcement officer.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008)
Within 14 days of the date of the administrative citation, the
city attorney’s office shall mail to the cited party a notice
which contains the following information:
A. The
amount of the fine for the code violation;
B. A description
of the fine payment process, including a description of the time within
which and the place at which the fine shall be paid;
C. An order
prohibiting the continued or repeated occurrence of the code violation
described in the administrative citation; and
D. A description
of the administrative citation review process, including the time
within which the administrative citation may be contested and the
manner in which a request for hearing form to contest the administrative
citation may be obtained.
(Ord. 4676 § 1, 2008)
A. The
amounts of the fines for code violations imposed pursuant to this
chapter shall be set forth in a 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 within 12 months from the date of an administrative
citation.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. 5828 § 3, 2017)
A. The fine shall be paid to the city within 30 days from the date of the notice issued pursuant to Section
2.50.035, if no hearing is requested. If a responsible party requests a hearing and does not attend the hearing, payment of the fine will be due 20 days from the date scheduled for the hearing. If the responsible party requests and attends the hearing, any fines imposed will be due within 20 days of service of the hearing panel’s written decision.
B. Payment
of a fine shall not excuse or discharge any continued or repeated
occurrence of the code violation that is the subject of the administrative
citation.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008)
A. Any recipient of an administrative citation may contest that there was a 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 attorney’s office within 30 days from the date of the notice issued pursuant to Section
2.50.035.
B. A request
for hearing form may be obtained from the city attorney’s office
or from the city’s website.
C. The
person requesting the hearing shall be notified of the time and place
set for the hearing at least 10 days prior to the date of the hearing.
D. If the
enforcement officer submits an additional written report concerning
the administrative citation for consideration at the hearing, then
a copy of that report also shall be served on the person requesting
the hearing at least five days prior to the date of the hearing.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. 5828 § 4, 2017)
The city attorney’s office shall designate a hearing panel
for the administrative citation hearing. The panel shall have two
or three members, drawn from the membership of the board of appeals.
The members shall be selected to serve on the hearing panel on a rotating,
as-available basis by the city attorney’s office. Members shall
act impartially on any matter placed before them and shall remove
themselves from the panel should any conflict of interest involving
the subject matter or parties of the proceedings come to their attention.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. 5828 § 5, 2017)
A. A hearing
shall be set for a date that is not less than 15 days and not more
than 90 days from the date that the request for hearing is initially
filed in accordance with the provisions of this chapter.
B. The
city attorney’s office, in its sole discretion, may reschedule
a hearing one-time at the request of any party, so long as such request
is made not less than three business days before the hearing date.
If a party requests a new hearing date other than the assigned date
and that date is more than 90 days from the date of the initial request
for hearing, the request shall be denied. Any requests to reschedule
a hearing date must be provided to the city attorney’s office
not less than three business days prior to the date of the hearing.
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 failure to
exhaust 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 panel may continue the hearing and request additional information
from the enforcement officer or the recipient of the citation prior
to issuing a written decision.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. 5828 § 6, 2017)
A. After
considering all of the testimony and evidence submitted at the hearing,
the hearing panel shall issue a written decision to uphold or dismiss
the administrative citation and shall list the basis for that decision.
The decision of the hearing panel shall be final.
B. The
recipient of the administrative citation shall be served with a copy
of the hearing panel’s written decision.
C. If the
hearing panel determines that the citation should be upheld, then
the responsible party shall have 20 days from the date of notice of
the hearing panel’s decision to pay the fine. If the hearing
panel determines that the citation should be upheld, but the fine
waived in the interests of justice, no fine shall be due.
D. If the
administrative citation involves noncompliance with conditions of
approval of a discretionary permit, in addition to assessing administrative
fines, the hearing panel may, at its discretion, refer the matter
to the planning commission for possible action on the underlying permit.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. 5828 § 7, 2017)
The city may collect any past due administrative citation fines
and costs of collection by use of all available legal means.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008)
A. Any
person aggrieved by an administrative decision of a hearing panel
on an administrative citation may obtain review of the administrative
decision by filing a petition for review with the Superior Court in
Placer County in accordance with the timelines and provisions set
forth in California
Government Code Section 53069.4, as it may be
amended.
B. Should any party file a petition for review in accordance with subsection
A of this section, the city attorney or designee shall have authority to dismiss the citation, and/or to enter into a negotiated settlement with the petitioner, if such dismissal and/or negotiated settlement is determined by the city attorney or designee to be in the best interests of the city.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. 5828 § 8, 2017)
A. The
administrative citation and all notices required to be given by this
chapter shall be served on the responsible party by first-class U.S.
mail.
B. Failure
to receive any notice specified herein does not affect the validity
of proceedings conducted hereunder.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008)