The City Council of the City of Atascadero intends to secure
compliance with the provisions of this Code, including its adopted
codes and ordinances. Each method set forth in this chapter is intended
to be mutually exclusive and does not prevent concurrent or consecutive
methods being used to achieve compliance against continuing violations.
Each and every day any such violation exists, or any portion thereof,
constitutes a separate and distinct offense. Notwithstanding any other
provision of the Code, each violation of the provisions of this Code
may be enforced alternatively or cumulatively.
(Ord. 460 § 4, 2004)
In addition to the penalties provided in this chapter, or elsewhere
in this Code, or in any Code adopted by reference by this Code, any
condition caused or permitted to exist in violation of any of the
provisions of this Code, or its adopted Codes, shall be deemed a public
nuisance and may be abated by the City, and each and every day or
portion thereof that such condition continues shall constitute a separate
and distinct offense.
(Ord. 460 § 4, 2004)
No person shall violate any provision or fail to comply with
any of the requirements of this Code, including its adopted codes.
Each such person shall be guilty of a separate and distinct offense
for each and every day, or any portion thereof, of which any violation
of any provision of this Code is committed, continued, or permitted
by such person, and shall be punishable accordingly. Every act prohibited,
declared unlawful, or declared substandard or unsafe and every failure
to perform an act made mandatory, shall constitute either a misdemeanor
or an infraction, at the discretion of the City Attorney.
(Ord. 460 § 4, 2004)
Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for an infraction. Police officers or nonsafety employees designated by Section 12-2.02 of this Code may issue written citations for infractions. Any person convicted of an infraction under the provisions of this Code shall be punished either by fines as is specified in the currently adopted Uniform Infraction Bail Schedule used by the San Luis Obispo County Courts, or where no fine is specified therein by:
(a)
A
fine not exceeding $100 for a first violation;
(b)
A
fine not exceeding $200 for a second violation of the same provision
within one year;
(c)
A
fine not exceeding $500 for each additional violation of the same
provision within one year.
(Ord. 460 § 4, 2004)
Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by Section 12-2.02 of this Code. Any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine not exceeding $1,000 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.
(Ord. 460 § 4, 2004)
The City Attorney, by and at the request of the City Council or City staff, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Code, as provided by law. In any civil action commenced by the City to abate a public nuisance, to enjoin violation of any provision of this Code, or to collect a civil debt owing to the City, the City shall be entitled to recover from the defendant in any such action all costs incurred therein, including reasonable attorneys' fees and costs of suit, subject to Section 12-1.08 of this Code.
(Ord. 460 § 4, 2004; Ord. 530 § 2, 2008)
Upon a finding by the city official vested with the authority to enforce the various provisions of this Code that a violation exists, he or she may issue an administrative citation under the provisions of Chapter 2 of Title 12 of this Code.
(Ord. 460 § 4, 2004)
In any action, administrative proceeding, or special proceeding
brought to abate a public nuisance, the prevailing party will be entitled
to recover attorneys' fees, provided that attorneys' fees will only
be available in those actions or proceedings in which the City has
provided notice at the commencement of such action or proceeding that
it intends to seek and recover its own attorneys' fees. In no action
or proceeding will an award of attorneys' fees exceed the amount of
reasonable attorneys' fees incurred by the City in the action or proceeding.
(Ord. 530 § 2, 2008)
The following words and phrases shall, for the purpose of this
chapter, have the meanings ascribed to them in this section:
means the written notice provided to a responsible person
to inform that person of a violation of this Code, its adopted codes,
or applicable State Code.
means any officer or employee with the authority to enforce this Code, or applicable State Codes as provided in Section 12-2.02.
means a violation of any building, plumbing, electrical or
other similar structural or zoning ordinance which does not create
an immediate danger to health or safety.
means any individual or legal entity who is the owner, tenant,
co-tenant, lessee, sublessee, occupant or other person with any right
to possession of the real property, owner or authorized agent of any
business, company, or entity, or the parent or the legal guardian
of any person under the age of 18 years, who causes, permits or maintains
a violation of this Code, its adopted codes, or applicable State Code.
(Ord. 460 § 4, 2004)
(a)
Any
responsible person violating any non-emergency health or safety violation
provision of this Code, its adopted codes, or applicable State Code,
may be issued an administrative citation by an enforcement officer
as provided in this chapter. A violation of this Code includes, but
is not limited to, all violations of this Code, the Uniform Codes
adopted by the City Council, failing to comply with any condition
imposed by any entitlement, permit, agreement or environmental document
issued or approved under the provisions of this Code.
(b)
Each
and every day or portion thereof that a violation of the Municipal
Code, adopted code or applicable State Code exists, constitutes a
separate and distinct offense.
(c)
A
civil fine shall be assessed by means of an administrative citation
issued by an enforcement officer and shall be payable directly to
the City of Atascadero, Administrative Services Office, located at
6905 El Camino Real, Suite #6, Atascadero, CA 93422.
(d)
Fines
shall be assessed in the amounts specified by resolution of the City
Council, or where no amount is specified:
(1)
A fine not exceeding $100 for a first violation;
(2)
A fine not exceeding $200 for a second violation of the same provision
or permit within one year from the date of the first violation;
(3)
A fine not exceeding $500 for each additional violation of the same
ordinance or permit within one year from the date of the first violation.
(Ord. 460 § 4, 2004)
(a)
The
City Council hereby finds that there is a need for an alternative
method of code enforcement to the traditional civil, criminal or administrative
abatement actions, to effect compliance with the Municipal Code, adopted
codes and applicable State Codes. The City Council further finds that
an appropriate alternative method of enforcement for non-emergency
health or safety violations is an administrative citation program
as authorized by Government Code Section 53069.4.
(b)
The
procedures established in this chapter shall be in addition to criminal,
civil, administrative abatement, or any other legal remedy established
by law, which may be pursued to address violations of the Municipal
Code, adopted codes or applicable State Codes.
(c)
Use
of this chapter shall be at the sole discretion of the City.
(Ord. 460 § 4, 2004)
(a)
An
administrative citation on a form approved by the City Manager may
be issued to the responsible person by an enforcement officer for
violations of the Municipal Code or applicable State Code, in the
following manner:
(1)
Personal Service. In any case where an administrative citation is
issued:
i.
The enforcement officer shall attempt to locate and personally serve
the responsible person and, if possible, obtain the signature of the
responsible person on the administrative citation.
ii.
If the responsible person served refuses or fails to sign the administrative
citation, the failure or refusal to sign shall not affect the validity
of the administrative citation or of subsequent proceedings.
(2)
Service of Citation by Mail. If the enforcement officer is unable
to locate the responsible person, the administrative citation shall
be mailed to the responsible person by certified mail, postage prepaid
with a requested return receipt. Simultaneously, the citation may
be sent by first class mail. Service by mail shall be sent to the
responsible person's address as shown on public records or as known
to the City. If the administrative citation is sent by certified mail
and returned unsigned, then service shall be deemed effective pursuant
to first class mail, provided the citation sent by the first class
mail is not returned.
(3)
Service of Citation by Posting Notice. If the enforcement officer
does not succeed in personally serving the responsible person, or
by certified mail or regular mail, the enforcement officer may post
the administrative citation at a conspicuous location on any real
property within the City in which the City has knowledge that the
responsible person has a legal interest, and such posting shall be
deemed effective service. Service shall be deemed effective pursuant
to posting on the date that it is actually posted.
(Ord. 460 §4, 2004)
(a)
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 sections or conditions violated and a description of the
violation(s);
(3)
A description of the action required to correct the violation;
(4)
An order to the responsible person to correct the violations within
the time specified, and an explanation of the consequences of failure
to correct the violation(s);
(5)
The amount of the fine for the violation(s);
(6)
An explanation of how the fine shall be paid, the time period by
which it shall be paid, and the place to which the fine shall be paid;
(7)
An order prohibiting the continuation or repeated occurrence of the
Code violation described in the administrative citation;
(8)
Identification of rights of appeal, including the time within which
the administrative citation may be contested and the place to obtain
a notice of appeal and request for hearing form to contest the administrative
citation; and
(9)
The name and signature of the enforcement officer and, if possible,
the signature of the responsible person.
(Ord. 460 § 4, 2004)
(a)
Upon
receipt of an administrative citation, the responsible person must
do the following:
(1)
Pay the fine to the City within 15 calendar days from the correction
date on the administrative citation. All fines assessed shall be payable
to the City of Atascadero, Administrative Services 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;
(2)
Remedy the violation(s), if the violation(s) is of such a nature
that it can be remedied. If the violation(s) is corrected before the
corrective date provided on the administrative citation, no fine shall
be imposed.
(Ord. 460 § 4, 2004)
(a)
Any recipient of an administrative citation may contest that there was a violation of this Code or that he or she is the responsible person by completing a notice of appeal and request for hearing form and filing it at the City within 15 calendar days from the date of issuance of the administration citation, together with an advance deposit of the total amount of the fine, or the timely filing of a request for an advance deposit hardship waiver pursuant to Section 12-2.10. Any administrative citation fine, which has been deposited, shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.
(Ord. 460 § 4, 2004)
(a)
The
Atascadero City Manager shall designate the hearing officer for the
administrative citation hearing. The hearing officer shall not be
an Atascadero City employee.
(b)
The
employment, performance evaluation, compensation or benefits of the
hearing officer, if any, shall not be directly or indirectly conditioned
upon the amount of administrative citation fines upheld by the hearing
officer.
(Ord. 460 § 4, 2004)
(a)
No hearing to contest an administrative citation before a hearing officer shall be held unless and until a notice of appeal and request for hearing form has been completed and timely filed, and either the total amount of the fine has been timely deposited in advance with the City, or, as indicated on the notice of appeal and request for hearing form, that a request for an advance deposit hardship waiver has been timely filed pursuant to Section 12-2.10.
(b)
The
hearing before the hearing officer shall be set for a date that is
not less than 15 and not more than 60 calendar days from the date
that the notice of appeal and request for hearing form is filed in
accordance with the provisions of this chapter. The person requesting
the hearing shall be notified of the time and place set for the hearing
at least 10 calendar days prior to the date of the hearing.
(c)
The
hearing officer shall only consider evidence that is relevant to whether
the violation(s) occurred and whether the responsible person has caused,
maintained or allowed the violation(s) of the Municipal Code, adopted
code or other applicable State Code on the date(s) specified in the
administrative citation.
(d)
The
person contesting the administrative citation shall be given the opportunity
to testify and present witnesses and evidence concerning the administrative
citation.
(e)
The
failure of any recipient of an administrative citation to appear at
the administrative citation hearing shall constitute a forfeiture
of the fine and a failure to exhaust their administrative remedies.
(f)
The
administrative citation and any additional documents submitted by
the enforcement officer shall constitute prima facie evidence of the
respective facts contained in those documents.
(g)
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 this report also shall be served by
first class mail on the person requesting the hearing at least five
days prior to the date of the hearing.
(h)
At
least 10 days prior to the date of the hearing, the recipient of an
administrative citation shall be provided with copies of the citations,
reports and other documents submitted or relied upon by the enforcement
officer. No other discovery is permitted. Formal rules of evidence
shall not apply.
(i)
The
hearing officer 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.
(j)
The
hearing officer is not required to provide transcriptions of hearings,
but is required to make available tapes of hearings for a fee.
(Ord. 460 § 4, 2004)
(a)
Any
person who intends to request a hearing to contest that there was
a violation of the Code or that he or she is the responsible party
and who is financially unable to make the advance deposit of the fine
may file a request for an advance deposit hardship waiver.
(b)
The
request shall be filed with the Administrative Services Department
on a request for an advance deposit hardship waiver form, available
from the Administrative Services Department, within five days of the
date of the issuance of the administrative citation.
(c)
The requirement of depositing the full amount of the fine as described in Section 12-2.07(a) shall be stayed unless or until the Director of Administrative Services makes a determination not to issue the advance deposit hardship waiver.
(d)
The
Director may waive the requirement for advance deposit only if the
cited party submits to the Director a declaration under penalty of
perjury, supported by evidence, that shows to the Director's satisfaction
that the person is financially unable to deposit the total amount
of the fine in advance of the hearing.
(e)
If
the Director determines not to issue an advance deposit hardship waiver,
the cited party shall remit the deposit to the City within five days
of the date of that decision or 15 days from the date of issuance
of the administrative citation, whichever is later.
(f)
The
Director shall list his or her reasons for granting or not granting
an advance deposit hardship waiver in writing and serve it on the
cited party. The Director's decision is final.
(Ord. 460 § 4, 2004)
(a)
After
considering all of the testimony and evidence submitted at the hearing,
the hearing officer shall issue a written decision within 10 days
of the date of the hearing to uphold or cancel the administrative
citation and shall list in the decision the reasons for that decision.
The decision of the hearing officer shall be final.
(b)
If
the hearing officer determines that the administrative citation should
be upheld, then the City shall retain the fine amount on deposit with
the City.
(c)
If
the hearing officer determines that the administrative citation should
be upheld, and the fine has not been deposited pursuant to an advance
deposit hardship waiver, the hearing officer shall set a fine payment
schedule for the payment of the fine.
(d)
If
the hearing officer determines that the administrative citation should
be canceled and the fine was deposited with the City, then the City
shall promptly refund the amount of the deposited fine.
(Ord. 460 § 4, 2004)
(a)
The
failure of any person to pay the civil fines assessed by an administrative
citation within the time specified on the citation may result in the
matter being referred to the City of Atascadero, Administrative Services
Department to file a claim with the Small Claims Court. Alternatively,
the City may pursue any other legal remedy to collect the civil fines.
(b)
Any
person who fails to pay to the City any fine imposed pursuant to this
chapter on or before the date that fine is due also shall be liable
for the payment of late payment charges in the amount of $25, plus
interest at the maximum rate permitted by law.
(Ord. 460 § 4, 2004)
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 San Luis Obispo
County Superior Court in accordance with the timelines and provisions
as set forth in California Government Code Section 53069.4.
(Ord. 460 § 4, 2004)
(a)
The administrative citation and all notices to be given by this chapter shall be served on the responsible person in accordance with the provisions of this chapter and Section 12-2.04 of this Code, where applicable.
(b)
Failure
to receive any notice specified in this chapter does not affect the
validity of proceedings conducted hereunder.
(Ord. 460 § 4, 2004)
