A. 
This chapter provides for administrative citations which are in addition to all other legal and equitable remedies and provides an alternative to any criminal prosecutions which may be pursued by the city to address any violation of the Rio Vista Municipal Code, or of any regulations adopted under the authority of this code. This chapter shall also be applicable to the enforcement of violations of the city's water conservation ordinance.
B. 
Use of the remedies and procedures of this chapter shall be at the sole discretion of the enforcement officers and enforcement officials authorized to proceed under this chapter, and shall not limit or preclude the use of criminal or civil injunctive code enforcement proceedings.
(Ord. 005-2015 § 1)
For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:
"Enforcement officer"
means any city employee or agent of the city with the authority to enforce any provision of this code to which this chapter is applicable.
"Enforcement official"
means the principal supervisor of a department or a division of a department to which an enforcement officer is empowered to issue administrative citations under this chapter.
(Ord. 005-2015 § 1)
A. 
Whenever an enforcement officer determines that a violation of any provision of the city's municipal code to which this chapter is applicable has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation. Prior to issuing an administrative citation, the enforcement officer shall provide a courtesy warning to the violator, and an opportunity to cure the violation without issuance of a citation and fine, in accordance with subsection C.
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 or sections of this code violated and a description of the acts or omissions constituting the violation;
4. 
The amount of the penalty for the code violation;
5. 
A description of the penalty payment process, including a description of the time within which, and the place to which, the penalty shall be paid;
6. 
An order prohibiting the continuation or repeated occurrence of the code 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.
C. 
Prior to the issuance of an administrative citation for a violation which pertains to water conservation ordinance violations, building, plumbing, electrical, or similar structural or zoning matters that do not create an immediate danger to health or safety, the enforcement officer shall provide a reasonable period of time not less than five business days to correct or otherwise remedy the violation.
(Ord. 005-2015 § 1)
A. 
An administrative citation may be served by personal delivery on any person determined to be responsible for the violation, or by certified mail, postage prepaid, return receipt requested, addressed to a location reasonably calculated to give notice to the responsible party of the administrative citation, or posted in a conspicuous location on or in the vicinity of the property.
B. 
All notices required by this chapter to be served subsequent to service of a citation may be served either by personal delivery or by certified mail, postage prepaid, return receipt requested, and shall be deemed effective on the date of personal delivery or when the certified mail is either delivered or delivery attempted. If the certified mail receipt is returned unsigned, then service may instead be effected by regular first class mail, postage prepaid, provided that the notice sent by regular mail is not returned by the postal service as undeliverable, and shall be deemed effective three calendar days following deposit of the notice in the mail.
C. 
Where a violation of code provisions concerning the condition of real property is involved, an administrative citation of subsequent written notices authorized by this chapter may be served by certified mail at the address shown on the last equalized county assessment roll.
D. 
Where a violation of code provisions concerning the condition of real property is involved and personal delivery or service by certified mail upon the property owner is unsuccessful, service may be effected alternately or additionally by posting a copy of the order at a conspicuous location on the property which is the subject of the order. Where service of any notice required under this chapter is effected in compliance with the requirements of this section and with due process, the asserted failure of any person to receive the notice shall not affect the validity of any proceedings taken under this chapter.
(Ord. 005-2015 § 1)
A. 
Any violation of the Rio Vista Municipal Code may be enforced by an administrative citation.
B. 
When any code violation is enforced by an administrative citation, the code violation shall be treated as an infraction.
C. 
Penalties for administrative citations shall not exceed the following schedule: For the first violation of the same code section, within a 12 month period, no penalty shall exceed $100. For the second violation of the same code section, within a 12 month period, no penalty shall exceed $200. For the third and any subsequent violation of the same code section, within a 12 month period, no penalty shall exceed $500.
D. 
Subsections B and C of this section shall not apply to any costs or penalties defined in Sections 1.16.070 through 1.16.190.
(Ord. 005-2015 § 1)
A. 
The administrative penalty for an administrative citation shall be paid to the city through the finance department within 30 calendar days from the date the administrative citation is served. If a hearing is requested pursuant to Section 1.16.070, the administrative penalty shall be deposited with the finance department, or a notice shall be filed with the finance department that an advance hardship waiver has been requested as required in Section 1.16.080.
B. 
Any administrative citation penalty shall be refunded in accordance with Section 1.16.110(F) 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 by the person charged in the administrative citation.
C. 
Payment of an administrative penalty under this chapter shall not bar enforcement proceedings for any continuation or repeated occurrence of any code violation that is the subject of an administrative citation.
(Ord. 005-2015 § 1)
A. 
Any recipient of an administrative citation may contest that he or she had not committed a violation of the code or that contestant is not responsible for the violation by filing a request for hearing form with the finance department within 30 calendar days from the date of service of the administrative citation, together with either an advance deposit of the administrative penalty or a request for advance deposit hardship waiver form.
B. 
A request for hearing form may be obtained from the finance department.
C. 
The person requesting the hearing shall be notified by first class mail, postage prepaid, of the time and place set for the hearing by mailing a notice of hearing at least 10 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 board for consideration at the hearing, a copy of this report shall also be mailed to the person requesting the hearing at least five calendar days prior to the hearing date.
(Ord. 005-2015 § 1)
A. 
Any person who claims to be financially unable to make the advance deposit of the fine as required in Section 1.16.070(A) may file a request for an advance deposit hardship waiver.
B. 
The request shall be filed with the finance department on or before the filing of a hearing request.
C. 
Upon receipt and review of satisfactory evidence, the director of finance or designee may waive the requirement of an advance deposit. It shall be accompanied by a sworn declaration, together with any supporting evidence demonstrating the person's actual financial inability to deposit the full amount of the fine in advance of the hearing.
D. 
If the director of finance or designee determines not to waive the advance deposit, the person shall remit the deposit to the city within 10 calendar days of the date of the notice of that decision in order to secure the hearing.
E. 
The director of finance or designee shall issue a written determination listing the reasons for determining to issue or not issue the advance deposit hardship waiver. The written determination of the director of finance or designee shall be final, subject only to judicial review as provided by law.
F. 
The written determination of the director of finance or designee shall be served upon the person who applied for the advance deposit hardship waiver.
(Ord. 005-2015 § 1)
The city manager shall designate a three-person hearing board. The enforcement officer shall not be a member of the hearing board.
(Ord. 005-2015 § 1)
A. 
No hearing to contest an administrative citation before a hearing board shall be noticed unless the administrative penalty has been deposited in advance in accordance with Section 1.16.070(A) or an advance deposit hardship waiver has been issued in accordance with Section 1.16.080.
B. 
A hearing before the hearing board shall be set for a date that is not less than 15 calendar days and not more than 60 calendar days from the date of the filing of the request for hearing. The party contesting the administrative citation may request one continuance for any reason, in writing, no less than 24 hours in advance of the scheduled hearing, the deferred hearing shall not be deferred more than 90 calendar days after the request for hearing was made. A request for continuance made less than 24 hours before the scheduled hearing may be granted, by the hearing board, based upon urgency only.
C. 
At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and present evidence and cross-examine witnesses concerning the administrative citation. That contestant may appear personally or through an attorney. Prehearing discovery is not authorized, but subpoena of witnesses and documents shall be permitted as authorized by law. The hearing board may conduct the hearing informally, both as to rules of procedure and admission of evidence, in any manner which will provide a fair hearing.
D. 
The failure of any recipient of an administrative citation to appear at the administrative citation hearing may be deemed an admission of the violation by the recipient and an admission that the amount of the administrative penalty is appropriate, and may constitute a failure to exhaust administrative remedies barring judicial review.
E. 
The administrative citation and any additional report submitted by the enforcement officer shall constitute presumptive evidence of the respective facts contained in those documents.
F. 
The hearing 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. 005-2015 § 1)
A. 
After considering all of the testimony and evidence submitted at the hearing, the hearing board shall issue a written decision to uphold or cancel the administrative citation and the reason for that decision. The decision of the hearing board shall be issued within 30 calendar days following completion of the hearing. The decision of the hearing board shall be final upon service on the responsible party, subject only to judicial review as allowed by law.
B. 
Within 10 days following the conclusion of the hearing, the hearing board shall make findings and issue a decision regarding:
1. 
The existence of the violation; and
2. 
The extent of compliance with the order.
C. 
The hearing board shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing.
D. 
If the hearing board determines from a preponderance of the evidence that the contestant committed the violation charged in the administrative citation, the amount assessed by the hearing board shall become a debt to the city, collectable through the process provided herein. The amount deposited with the city pursuant to Section 1.16.070 shall be applied to the amount assessed by the hearing board. Any excess shall be refunded.
E. 
If the hearing board determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing board shall set forth in the decision a payment schedule for the fine.
F. 
If the hearing board determines that the administrative citation should not be sustained, the city shall, within 10 calendar days of the ruling, refund the amount of the deposited administrative penalty.
G. 
The recipient of the administrative citation shall be served with a copy of the hearing board's written decision within 10 calendar days following its issuance.
H. 
The employment, performance evaluation, compensation and benefits of the hearing board shall not be directly or indirectly conditioned upon the amount of the administrative citation fines and other penalties upheld by the hearing board.
(Ord. 005-2015 § 1)
A. 
The hearing board may impose administrative penalties and any other penalties adopted by the city council resolution in effect on the date when the violation occurred.
B. 
Administrative fines and other penalties sustained by the hearing board are a debt owed to the city and in addition to all other means of enforcement, if the violation concerns the condition of real property, it may be enforced by means of a lien against the real property on which the violation occurred in accordance with Section 1.16.170. Failure to pay administrative penalties within the time allowed under this chapter shall constitute a violation of this code punishable as a misdemeanor, and, upon conviction thereof, shall be punishable as provided in Section 1.12.010 of this code.
(Ord. 005-2015 § 1)
A. 
The hearing board may assess administrative costs against the violator when the hearing board determines that a violation has occurred and that compliance was not achieved by the date of the commencement of the hearing.
B. 
Administrative costs may include any and all costs incurred by the city (both direct and indirect costs) in investigating and commencing administrative proceedings for the violation, as well as any and all costs incurred by the city in connection with the hearing before the hearing board, including, but not limited to, the cost incurred of the enforcement officer in preparation for the hearing and participating in the hearing itself, and costs of the city to conduct the hearing. Failure to pay administrative costs in the amount specified in the administrative hearing board's decision on or before the date specified in that decision shall constitute a violation of this code punishable as a misdemeanor, and shall further be subject to the collection of administrative penalties as otherwise provided for herein.
(Ord. 005-2015 § 1)
Failure to pay the assessed administrative penalties and/or administrative costs specified in a hearing board's decision may be enforced as:
A. 
A personal obligation of the violator; and/or
B. 
If the violation is in connection with real property, a lien upon the real property in accordance with Section 1.16.170, which shall remain in effect until all of the administrative penalties, interests, and administrative costs are paid in full; and/or
C. 
A criminal misdemeanor.
(Ord. 005-2015 § 1)
Any person subject to a decision of the hearing board may obtain a review of the decision in the appropriate court pursuant to the provisions of California Government Code Section 53069.4. The administrative order shall provide notice of this right of judicial review and the time allowed therefor by law.
(Ord. 005-2015 § 1)
The city may collect the amount of the assessed administrative penalties and administrative costs by the use of all available legal means, including recording of a lien pursuant to the provisions of this chapter.
(Ord. 005-2015 § 1)
A. 
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 90 days after the administrative penalty, and/or administrative cost imposition becomes final, this obligation may constitute a lien against any real property involved where any violation was determined to concern the condition of that real property, or special assessment against the property where a property-related code violation occurred.
B. 
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 California Code of Civil Procedure, and may be extended as provided in Section 683.110 et seq., of the California Code of Civil Procedure.
C. 
Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law.
D. 
Prior to recording any such lien, the director of finance or designee shall prepare and file with the city clerk a report stating the amounts due and owing.
E. 
The city clerk shall fix a time, date and place for hearing such report and any protests or objections thereto by the city council.
F. 
The director of finance or designee shall cause written notice to be served on each property owner, whose interest is disclosed by the current county equalized assessment roll, not less than 10 calendar days prior to the time set for the hearing.
(Ord. 005-2015 § 1)
A. 
Any person owning a legal or equitable interest in real property proposed to be subject to a lien pursuant to Section 1.16.170 may file a written protest with the city clerk and/or may protest orally at the city council hearing.
B. 
Each written protest or objection must contain a description of the property in which the protesting party has a legal or equitable interest and the grounds of such protest or objection. The grounds for protest or objection, and any evidence or testimony submitted in support or in opposition to the imposition of a lien, shall be confined to whether the amount of any administrative penalty and/or administrative cost imposed was satisfied in full within the time allowed by law, and/or successfully challenged by a timely writ of mandate.
C. 
The city council, after the hearing, shall adopt a resolution confirming, discharging, or modifying the amount of the lien based upon evidence produced at the hearing.
(Ord. 005-2015 § 1)
Thirty calendar days following the adoption of a resolution by the city council imposing a lien, the director of finance or designee shall file a certified copy of the cost report with the Solano County auditor. The director of finance or designee shall request the auditor to enter each assessment on the Solano County tax roll and collect the amount of the assessment at the time and in the manner of ordinary municipal taxes. The lien may carry such additional administrative charges as set forth by the resolution of the city council.
(Ord. 005-2015 § 1)