This chapter provides for administrative citations for enforcement of violations of this code, as defined in Section 1.09.080. The use of administrative citations shall be in addition to all other legal remedies, civil or criminal, which may be pursued to address violations of this code, including any other administrative remedies that are provided for in this code. Use of this chapter shall be at the sole discretion of the city and the enforcement officers.
(Ord. 2011-03 §1)
"Administrative citation"
means a formal notice that is issued by an enforcement officer or other authorized agent to a person who has been determined to have committed a violation of this municipal code and/or other regulations and ordinances enforceable by the city of Waterford.
"Board"
means the appeals hearing board of the city of Waterford as set by resolution of the city council.
"Correction notice"
means an informal notice informing a responsible party about the existence of a certain condition or activity which constitutes a violation of this code or a violation of any applicable statute, rule, regulation or other ordinance enforceable by the city of Waterford.
"Enforcement officer"
means an individual holding the position title designated by resolution of the city council in accordance with Section 1.09.040 of this title and who is authorized to enforce certain prescribed provisions of this municipal code and all applicable statutes, rules, regulations and other ordinances enforceable by the city of Waterford.
"Responsible party"
means any person or persons in charge of the premises or location, or the person or persons responsible for the event or incident, and shall include any of the following:
1. 
The person or persons owning the property where the violation exists.
2. 
The person or persons in charge of the premises where the violation exists.
3. 
The person or persons using the premises where the violation exists.
4. 
If any of those persons are minors, the parent or guardian of such minor(s) shall be the responsible party.
5. 
If the person or persons is a business entity, the manager or on-site supervisor where the violation exists shall be a responsible party.
(Ord. 2011-03 §1; Ord. 2014-11 §1)
A. 
A correction notice may be issued to the responsible party as a warning the first time a violation of this code occurs. If the violation is not corrected by the compliance date, an administrative citation shall be issued for the violation(s).
B. 
Before issuing an administrative citation for any violation of a building, plumbing, electrical, or similar regulation set forth in this code or in any code adopted by reference, the enforcement officer must first issue a written correction notice to the responsible party for the violation. For violations that do not constitute an immediate danger to health or safety, a reasonable time, not less than ten days, shall be provided to remedy or correct the violation prior to the issuance of an administration citation and imposition of fines or penalties. In determining what is a reasonable time, the enforcement officer may consider the estimate of local professionals, including licensed contractors.
C. 
When a correction notice or administrative citation is issued, service will be effected as follows:
1. 
The enforcement officer shall attempt to locate and personally serve the responsible party and obtain the signature of the responsible party on the correction notice or administrative citation.
2. 
If the responsible party served refuses or fails to sign the correction notice or administrative citation, the failure or refusal to sign shall not affect the validity of the correction notice or administrative citation or of subsequent proceedings.
3. 
If the enforcement officer is unable to locate the responsible party, the correction notice or administrative citation shall be mailed to the responsible party by regular mail and by certified mail, postage prepaid, return receipt requested, to the address shown on the last equalized assessment roll available or as known to the enforcement officer.
4. 
If the enforcement officer does not succeed in serving the responsible party personally, or if certified mail and/or regular mail are unsuccessful, the enforcement officer shall post the correction notice or administrative citation on any real property within the city where the city has knowledge that the responsible party has a legal interest, and such posting shall be deemed effective service.
D. 
Service of a correction notice or an administrative citation which is personally served shall be deemed complete at the time of such personal service. Service of a correction notice or an administrative citation which is served by regular mail shall be deemed complete on the date the correction notice or administrative citation is deposited in the mail.
(Ord. 2011-03 §1)
A. 
Each correction notice shall contain the following information:
1. 
Date, approximate time, and address or definite description of the location where the violation(s) was observed;
2. 
The code section(s) or condition(s) violated and a description of the violation(s);
3. 
An order to the responsible party to correct the violation(s) within the time specified (compliance date), and an explanation of the consequences of failure to correct the violation(s) including the fine for the violation(s); and
4. 
The name and signature of the enforcement officer.
B. 
Each administrative citation shall contain the following information:
1. 
Date, approximate time, and address or definite description of the location where the violation(s) was observed;
2. 
The code section(s) or condition(s) violated and a description of the violation(s);
3. 
An order to the responsible party to correct the violation(s) within the time specified (compliance date), and an explanation of the consequences of failure to correct the violation(s) including the fine for the violation(s);
4. 
The amount of the administrative fine for the violation(s);
5. 
An explanation of how the fine shall be paid, the time period by which it shall be paid, and the consequences for failure to pay the fine;
6. 
An order prohibiting the continuation or repeated occurrence of the violation(s) described in the administrative citation;
7. 
A description of appeal rights including the time within which the citation may be contested and the place to obtain a request for appeal hearing form to contest the administrative citation; and
8. 
The name and signature of the enforcement officer.
(Ord. 2011-03 §1)
A. 
The amounts of the fines for code 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 code provision by the same person within twelve months from the date of an administrative citation.
C. 
The schedule of fines shall specify the amount of any penalties and interest imposed for the payment of a fine after its due date.
(Ord. 2011-03 §1)
A. 
Upon receipt of a correction notice, the responsible party must do the following: Remedy the violation(s). If the violation(s) is corrected on or before the compliance date provided, no administrative citation shall be issued.
B. 
Upon receipt of an administrative citation, the responsible party must do the following:
1. 
Pay the fine to the city within thirty days from the date the administrative citation was issued. All fines assessed shall be payable to the city of Waterford and payment shall be made to the city of Waterford finance department. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city; and
2. 
Remedy the violation(s). If the responsible party fails to correct the violation(s) within the time specified, subsequent administrative citations may be issued for the same violation(s). The amount of the fine for failure to correct the violation shall increase at a rate specified in the schedule of fines established by resolution of the city council.
C. 
The responsible party may appeal the administrative citation as set forth in Section 1.17.080 et seq.
(Ord. 2011-03 §1)
In the event an administrative citation is issued because the responsible party lacks a required permit and the fine is delinquent, the city shall not issue a permit until the fine and all applicable penalties and interest are paid.
(Ord. 2011-03 §1)
A. 
Any recipient of an administrative citation (appellant) may contest that there was a violation of the code or that he or she is the responsible party by completing a request for appeal hearing form and returning it to the city clerk within thirty days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 1.17.090.
B. 
A request for appeal hearing form may be obtained from the department specified on the administrative citation.
C. 
All appeals from any administrative citation shall be in writing on the request for appeal hearing form and shall contain the following information:
1. 
Name of each appellant;
2. 
A brief statement in ordinary and concise language of the specific items protested, together with any material facts claimed to support the contentions of the appellant(s);
3. 
A brief statement in ordinary and concise language of the relief sought and the reasons why the administrative citation should be rescinded, modified or otherwise set aside; and
4. 
The signatures of all parties named as appellants and their mailing addresses. Any appeal filed that fails to provide all of the information required by this section shall be deemed incomplete.
D. 
Not later than five business days from the date the request for appeal hearing is filed, the enforcement officer or his or her designee shall determine whether the appeal is complete. If the appeal is determined to be incomplete, the enforcement officer or his or her designee shall immediately mail to the appellant a notice of incomplete filing, which shall provide a written explanation of each reason why the appeal has been determined to be incomplete. If the thirty-day appeal period runs during the time the request for appeal hearing form is under review or during the time a notice of incomplete filing is to be sent to the appellant, the notice of incomplete filing shall specify an additional time period, not to exceed five city business days, by which the request for appeal hearing form must be resubmitted and received by the city.
E. 
Appellant shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.
(Ord. 2011-03 §1)
A. 
Any person who intends to request an appeal hearing and who is financially unable to make the advance deposit of the fine as required in Section 1.17.080 may file a request for an advance deposit hardship waiver.
B. 
The request shall be filed with the department specified on the administrative citation on an advance deposit hardship waiver application form available from the department specified on the administrative citation, within ten days of the date of the administrative citation.
C. 
The requirement of depositing the full amount of the fine shall be stayed unless or until the designee of the department specified on the administrative citation makes a determination not to issue the advance deposit hardship waiver.
D. 
The finance officer, or designee of the department specified on the administrative citation, may issue the advance deposit hardship waiver only if the appellant submits a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the department designee the person's actual financial inability to deposit with the city the full amount of the fine in advance of the appeal hearing.
E. 
If the determination is made not to issue an advance deposit hardship waiver, the appellant shall remit the deposit to the city within ten days of the date of that decision or thirty days from the date of the administrative citation, whichever is later.
F. 
The department designee shall issue a written determination listing the reasons for his or her determination to not issue the advance deposit hardship waiver. The written determination of the department designee shall be final.
G. 
The written determination shall be served upon the appellant by certified mail, postage prepaid, return receipt requested, to the address listed on the advance deposit hardship waiver application form.
(Ord. 2011-03 §1)
A. 
No hearing to contest an administrative citation before a hearing board shall be held unless and until the following has been completed:
1. 
A request for appeal hearing form has been completed and submitted to the city; and
2. 
The fine has been deposited in advance in accordance with Section 1.17.080; or
3. 
An advance deposit hardship waiver has been issued in accordance with Section 1.17.090.
B. 
A hearing before the board shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for appeal hearing form is filed in accordance with the provisions of this chapter. The hearing date may be continued upon mutual agreement of the city and the appellant.
C. 
At the hearing, the appellant shall be given the opportunity to testify and to present evidence concerning the administrative citation.
D. 
The failure of the appellant to appear at the appeal hearing without a showing of good cause shall constitute a forfeiture of the fine and a failure to exhaust his or her administrative remedies.
E. 
The administrative citation and any additional evidence submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. 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 that report shall be served by mail on the appellant at least five working days prior to the date of the hearing.
F. 
The board may continue the hearing and request additional information from the enforcement officer or the appellant prior to issuing a written decision.
G. 
Failure to timely and properly file an appeal from an administrative citation shall constitute a waiver of all rights to an administrative appeal hearing and adjudication of the administrative citation or any portion thereof. The determination that the violation occurred and that the responsible party was responsible for the violation shall be deemed final on the date that service of the administrative citation is deemed completed pursuant to Section 1.17.030.
(Ord. 2011-03 §1; Ord. 2014-11 §1)
A. 
After considering all of the testimony and evidence submitted at the hearing, the board may decide to uphold the administrative citation, establish a modified schedule for compliance, overturn some or all of the findings of the enforcement officer and/or rescind the citation in part or in its entirety, and/or reduce the amount or waive payment of the administrative fine. The board shall issue a written decision.
B. 
The decision shall state whether the administrative citation has been either upheld, in full or in part, or rescinded, in full or in part. In addition, the decision shall contain a brief summary of the evidence considered, findings of fact, a determination of the issues presented, the effective date of the decision, and a compliance order, if applicable, which shall specifically describe the actions which shall be required to be taken to remedy the code violation(s) indicated in the decision and shall require the actions to be completed within a specified time period and by a specified deadline.
C. 
If the board determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city.
D. 
If the board determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the board shall set forth in the decision a requirement to pay the applicable administrative fine(s) by a specified date or a payment schedule for the fine(s).
E. 
If the board determines that the administrative citation should be cancelled and the fine was deposited with the city, then the city shall promptly refund the amount of the deposited fine.
F. 
The board shall serve a copy of the decision on the appellant either by delivering a copy of the decision personally or by certified mail, postage prepaid, return receipt requested, and addressed to appellant at the address shown on the appeal form. The decision shall be issued and served within twenty days from the date the hearing is deemed closed. A copy of the decision shall also be provided to the enforcement officer.
(Ord. 2011-03 §1; Ord. 2014-11 §1)
Any person aggrieved by the decision of the board on an administrative citation may obtain review of that decision by filing a petition for review with the Superior Court of Stanislaus County in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.
(Ord. 2011-03 §1; Ord. 2014-11 §1)
A. 
The failure of the responsible party to pay the administrative fines assessed by an administrative citation within the time specified on the citation or after an administrative appeal hearing will result in the collection of the fine by the city.
The city may pursue any available legal remedy to collect civil fines. The city may also recover its collections costs according to proof.
B. 
Collection costs shall be in addition to any penalties, interest and/or late charges imposed on the delinquent obligation. Collection costs imposed under this section shall be added to and become a part of the underlying obligation.
C. 
In addition to any administrative fines and costs assessed, the responsible party shall also be liable for all costs, expenses, or disbursements paid or incurred by the city or any of its contractors in connection with the abatement of the violation(s).
(Ord. 2011-03 §1)
When a violation involves real property and the administrative fines and related costs are not paid within the prescribed time, and/or have not been successfully challenged by a timely appeal as specified in Section 1.17.120, this obligation may be recorded as a lien upon and against the real property, and/or be collected as a special assessment. The lien and/or special assessment shall be imposed pursuant to the procedure set forth in Chapter 8.12, Nuisances, of the Waterford Municipal Code.
(Ord. 2011-03 §1)
A. 
Each responsible party against whose property an assessment is levied pursuant to this chapter shall also be assessed an administrative fee based on the costs incurred in levying the assessment. The administrative fee shall be included in the lien amount and recorded against the responsible party's property.
B. 
Once the city receives full payment for outstanding principal, penalties, and costs, the finance officer, or his or her designee, will provide the responsible party or financial institution with a notice of satisfaction for recordation by the county recorder of the county of Stanislaus. This notice of satisfaction will cancel the city's lien.
(Ord. 2011-03 §1)