This chapter is adopted pursuant to the powers provisions contained
in Section 3 of the Santa Rosa City Charter authorizing that the City
shall have and may exercise all powers necessary or appropriate to
a municipal corporation and the general welfare of its inhabitants
which are not prohibited by the Constitution. It is also adopted pursuant
to the municipal affairs provision contained in Section 51 of the
Charter.
(Ord. 3879 § 1, 2008)
If a responsible party who has been issued an initial notice
of violation does not correct the violation before the prescribed
deadline, an Enforcement Officer or other City employee is authorized
to issue this person an administrative citation.
(B)
The citation shall describe the unlawful condition, the code section(s)
violated, and if applicable, corrections to bring the property into
compliance.
(C)
If a responsible party does not correct the violation within the
prescribed time set forth in the first administrative citation, a
second administrative citation may be issued for an increased penalty
amount. If the violation is not corrected in the prescribed time as
set forth in the second citation, a third citation may be issued for
up to the highest prescribed penalty according to the fee schedule.
Continued violations not corrected within the time prescribed in the
third (and any subsequent administrative citations) shall result in
the issuance of the citation with a penalty of the highest prescribed
amount. A new administrative citation may be issued each day the violation
continues to exist in any 12 consecutive month period.
(D)
More than one person can be issued an administrative citation, as long as each person cited is a "responsible person" as defined in Section 1-30.030(B), was previously given a notice of violation, and failed to correct the violation within the time prescribed in the notice of violation. However, the City shall not collect on double citations for the same violation. If multiple responsible parties are issued a citation for the same violation then each party shall be jointly and severally liable for the penalty.
(Ord. 3879 § 1, 2008)
(A)
An administrative citation shall describe appeal rights for the responsible
party(s). A party may request a preliminary review with the department
head or designee of the issuing enforcement officer, and the right
to request an administrative hearing. A preliminary review shall be
an informal review by the department head or designee to validate
or dismiss a notice of violation that has been issued.
(B)
A request for a preliminary review shall be made in writing within
seven days of issuance. This request shall be submitted to the Code
Enforcement Officer who issued the administrative citation and must
include grounds on which a responsible party relies. The request must
include any information that the responsible party desires considered
in the preliminary review.
(C)
The request for a preliminary review shall not extend any compliance
time period, the due date of payment of any penalty, or the deadline
to request an administrative hearing.
(D)
The preliminary review shall be conducted by the "preliminary review
authority" i.e., department head or designee. The preliminary review
authority shall review the administrative citation, the written request
for a preliminary review, and any evidence the responsible party may
have submitted with the request for a preliminary review.
(E)
If the preliminary review authority concludes that no code violation
occurred or that the responsible party is not responsible for the
violation, then the department head shall dismiss the citation.
(F)
The City must notify the responsible party, in writing by mail, of
the results of the preliminary review within seven calendar days of
filing the written request for a preliminary review. This review shall
not be a final decision and is not subject to judicial review.
(G)
A responsible party must pay the penalty no later than 21 calendar
days from the issuance of the administrative citation. A responsible
party may request a waiver of the penalty deposit. Such request must
be made at the time of the request for a preliminary review. The responsible
party bears the burden to establish by substantial evidence, by a
declaration under penalty of perjury, that he or she is unable to
pay the penalty. The preliminary review authority, at the time of
ruling on the administrative citation, must also rule whether the
responsible party qualifies for waiver of the penalty deposit.
(Ord. 3879 § 1, 2008)
(A)
A responsible party shall have the right to request an administrative
citation hearing. This hearing shall be a limited evidentiary hearing
before the Hearing Officer.
(B)
A request for an administrative citation hearing must be filed within
20 calendar days of the issuance of the first administrative citation.
A request for an administrative citation hearing must be made in writing
to the Community Development Director. A request must include grounds
on which a responsible party(s) relies. Unless waived at the preliminary
review, or the penalty has already been paid, the request must be
accompanied by payment of the penalty amount. No hearing to contest
an administrative citation shall be held unless the penalty has been
paid in advance or a deposit waiver has been issued.
(C)
Failure to request an administrative hearing before the deadline,
or failure to comply with all of the requirements of requesting an
administrative citation hearing, shall constitute an abandonment of
a request and a failure to exhaust administrative remedies. Either
the responsible party or the City may request, in advance of the hearing
and upon good cause provided to the Hearing Officer, one hearing continuance.
(D)
The administrative citation hearing shall be conducted by the Hearing
Officer.
(E)
The hearing procedures shall be as follows:
(1)
An administrative citation and any submitted reports prepared by
an enforcement officer must be accepted by the Hearing Officer as
prima facie evidence of the facts stated in them.
(2)
The Hearing Officer must allow a responsible party an opportunity
to testify at the hearing and present evidence concerning the code
violation specified in the administrative citation. The Hearing Officer
may request additional information or evidence from a responsible
party prior to issuing a decision.
(3)
An Enforcement Officer or any other representative of the City may
attend the hearing.
(4)
A hearing need not be conducted in accordance with the technical
rules of evidence and is intended to be informal in nature. Irrelevant
or unduly repetitious evidence shall be excluded.
(5)
After considering all testimony and evidence, the Hearing Officer
shall issue a written decision to affirm or dismiss the administrative
citation. The Hearing Officer may impose conditions and deadlines
to correct the violations.
The Hearing Officer may assess reasonable administrative costs
incurred by the City. The decision shall include the Hearing Officer's
findings and information on the right to seek judicial review of the
decision. If the Hearing Officer determines that the administrative
citation should be affirmed, the penalty amount on deposit with the
City shall be retained by the City.
(6)
The decision shall be served in writing by mail, on each party, and
shall be considered final on the date served.
(Ord. 3879 § 1, 2008)
A responsible party may seek judicial review of the Hearing
Officer's decision, pursuant to Government Code Section 53069.4, within
20 calendar days after service of the decision.
(Ord. 3879 § 1, 2008)
(A)
The penalty for code violations imposed by this chapter shall be
set forth in a schedule of penalties established by resolution of
the Santa Rosa City Council.
(B)
The penalty shall be paid to the City of Santa Rosa within 21 days
from the date of the administrative citation order.
(C)
Payment of a penalty under this chapter shall not excuse or discharge
any continuation or repeated occurrence of the code violation that
is the subject of the administrative notice and order.
(Ord. 3879 § 1, 2008)
Any person who fails to pay to the City, on or before the due
date, any administrative fine imposed pursuant to the provisions of
this article, shall be liable for payment of the applicable late payment
charges as follows:
(A)
Payments received within 30 days after the due date, a late fee in
the amount of 50 percent of administrative fine is due;
(B)
For payments received more than 30 days after the due date, a late
fee in the amount of 50 percent of administrative fine is due, plus
an additional 10 percent of the overdue administrative fine for each
month the payment is overdue. The maximum late fee shall be 100 percent
of the overdue administrative fine.
(Ord. 3879 § 1, 2008; Ord. 3920 § 2, 2009)
