City of Plymouth, CA Chapter 20.12 ADMINISTRATIVE CITATIONS

§ 20.12.010 First offense warning.

A. Whenever a Code Enforcement Officer determines that a violation of this Code exists, the Code Enforcement Officer may serve a first offense warning to the responsible party. The first offense warning shall be served as a prerequisite to the issuance of a first administrative citation and serves as a written warning of responsibility.

B. The first offense warning shall include the following information:

1. The date, approximate time and location of the violation, including the address or other description of the location where the violation occurred or is occurring;

2. The name(s) of the responsible party(ies), if known;

3. The Code section(s) violated and a description of the violation(s);

4. An order prohibiting the continuation or repeated occurrence of the violation;

5. A description of the action necessary to abate the violation;

6. A period of time during which the action necessary to abate the violation shall be commenced and completed, which shall be determined pursuant to Section 20.08.040;

7. A statement that the period of time during which the action necessary to abate the violation shall be commenced and completed may be extended pursuant to the procedure set forth in Section 20.08.040;

8. A statement that an administrative citation shall be issued to the responsible party upon the expiration of the period of time during which the action necessary to abate the violation or any extension of that time period granted by the Director pursuant to Section 20.08.040 in the event that the responsible party fails to abate the violation;

9. The amount of the administrative citation in the event that an administrative citation is issued for the violation;

10. The name and signature of the Code Enforcement Officer, City contact information (address, telephone number) for additional information and, if possible, the signature of the responsible party; and

11. A statement informing the responsible party that he or she may dispute the violation by contacting the City Clerk to set up a meeting with the Director to discuss the matter within 10 days of receiving the notice of violation.

(Ord. 2010-01 § 1)

§ 20.12.020 Violation disputes.

If a person designated as the responsible party in the first offense warning wishes to dispute the alleged Code violation, he or she may contact the City Clerk to set up a meeting with the Director to discuss and seek resolution of the matter within 10 days of receiving the first offense warning.

(Ord. 2010-01 § 1)

§ 20.12.030 Administrative citation.

A. In the event that the responsible party fails to abate the violation upon the expiration of the period of time identified in the first offense warning during which the action necessary to abate the violation shall be commenced and completed or any extension of that time period granted by the Director pursuant to Section 20.08.040, the Code Enforcement Officer shall have the authority to issue an administrative citation to the responsible party for the violation.

B. Each administrative violation shall include the following:

1. The date, approximate time and location of the violation, including the address or other description of the location where the violation occurred or is occurring and a brief description of the conditions observe that constitute a violation;

2. The name(s) of the responsible party(ies), if known;

3. The Code section(s) violated and a description of the violation(s);

4. The amount of the fine for the Code violation;

5. A description of the fine payment process, including a description of the time within which and the place to which the fine must be paid;

6. An order prohibiting the continuation or repeated occurrence of the violation of this Code;

7. A description of the administrative citation process, including the time within which the administrative citation may be appealed and the procedure for requesting an appeal hearing;

8. A description of the waiver of deposit process set forth in Section 20.16.020, including the time within which a written request for a deposit waiver may be made; and

9. The name and signature of the Enforcement Officer, City contact information (address, telephone number) for additional information and, if possible, the signature of the responsible party.

(Ord. 2010-01 § 1)

§ 20.12.040 Administrative fines.

A. The amounts of fines that may be imposed for a violation shall be set forth in a schedule of fines established by resolution of the City Council. The amount of such fines shall not exceed:

1. The amount of any fine that may be imposed for a violation that would otherwise be an infraction shall not exceed the amounts set forth in Government Code Section 36900, as amended from time to time.

2. The amount of any fine that may be imposed for a violation that would otherwise be a misdemeanor shall not exceed $1,000.

B. If a condition of real property constitutes a violation that is the same, or substantially similar, to a violation that has been the subject of an enforcement action within the previous two-month period, the fine for such violation, and any subsequent substantially similar violation within a 12 month period shall increase by an amount of $100 per violation.

(Ord. 2010-01 § 1)

§ 20.12.050 Payment of fines—Late payment charges.

A. Fines shall be paid directly to the City within 30 days from the date of the administrative citation.

B. Payment of a fine under this section shall not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the administrative citation.

C. Fines that remain unpaid 30 days after the due date shall be subject to a late payment penalty of 10% plus interest at the rate of one percent per month on the outstanding balance, which shall be added to the fine amount from the date that payment is due.

(Ord. 2010-01 § 1)

§ 20.12.060 Hearing contesting an administrative citation.

A. Any person issued an administrative citation may contest the administrative citation by filing a written request for a hearing with the City Clerk within 30 days of the date of the administrative citation. The fine issued by the administrative citation shall be deposited with the written request for a hearing or a written request for a waiver of the deposit shall be filed with the written request for a hearing. A hearing to contest the administrative citation shall be conducted pursuant to the procedures set forth in Chapter 20.16 and shall be subject to all of the provisions of this title. A hearing to contest the administrative citation shall not be held unless and until the fine has been deposited or a waiver of the deposit has been granted pursuant to Section 20.16.020. If the fine or written request for a waiver of the deposit are not filed with the written request for a hearing, the hearing request shall not be considered timely submitted.

B. When a written request for hearing is filed with the City Clerk to contest an administrative citation, the City Clerk shall set the time and place for the hearing and shall serve a notice of hearing on the requesting party. A hearing to contest the administrative citation shall be conducted pursuant to the procedures set forth in Chapter 20.16.

(Ord. 2010-01 § 1)