The enforcement of the city's municipal code is vital to the
protection of the public's health, safety and quality of life. Under
Government Code Section 53069.4, the city is authorized to adopt an
administrative citation program, which program offers an alternative
method of enforcing code violations. The purpose of issuing administrative
citations pursuant to this chapter is to encourage compliance with
the provisions of this code and to provide a method of holding persons
responsible when they fail or refuse to comply with the provisions
of this code. The use of this chapter is also intended to minimize
the expense and delay associated with pursuing code violations through
the civil or criminal justice system.
(Ord. 05-07 § 2, 2005)
For the purposes of this chapter, the following definitions
apply to these words and phrases:
"Administrative citation" or "citation"
means a written notice to a responsible person that a violation
of this code has occurred and an assessment of a civil fine issued
by a code enforcement officer.
"City manager"
means the city manager of the city or the city manager's
designee.
"Continuing violation"
means either (1) a particular violation of the code continuing
for more than 72 hours without correction or abatement, or (2) a repeated,
consecutive violation of the same offense as determined by the city
manager, without intervening days.
"Hearing officer"
means any person authorized by the city manager to conduct
an administrative citation hearing pursuant to this chapter. The hearing
officer shall not be a city employee. The employment, performance,
evaluation, compensation and benefits of the hearing officer, if any,
shall not be indirectly conditioned upon the amount of administrative
citation fines upheld by the hearing officer.
"Legal interest"
means any interest that is represented by a deed of trust,
quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's
lien or other similar instrument, which is recorded with the county
recorder.
"Notice of violation"
means a written notice to a responsible person that a violation
of this code has occurred and a warning that an administrative citation
assessing fines will be issued unless the violation is ceased and
abated.
"Responsible person"
means any person or persons that a code enforcement officer
determines is responsible for causing or maintaining a violation of
this code. The term "responsible person" includes but is not limited
to a property owner, tenant, person with a legal interest in real
or personal property, or person in possession or control of real or
personal property.
(Ord. 05-07 § 2, 2005)
Any person aggrieved by an administrative decision of a hearing
officer on an administrative citation may obtain review of the administrative
decision by filing a petition for review with the Santa Barbara County
superior court in accordance with the timelines and provisions set
forth in California
Government Code Section 53069.4.
(Ord. 05-07 § 2, 2005)