In addition to, or in place of, any other remedy which is allowed by law, whether administrative, criminal, civil, or equitable, there is hereby established an administrative penalty that may be imposed in connection with any violation of any provision, restriction, or requirement of this Code, any ordinance of the City, any rule or regulation promulgated pursuant thereto, or any condition of any permit issued pursuant to this Code.
(Ord. 1584 § 1, 2012)
Any person violating or who has violated any section of this Code may be issued an administrative citation by a citing official as provided in this chapter. Where used herein, "citing official" means a "Special Officer" defined as certain public officers and employees of the City designated by the City Manager as Special Officers with citation authority for the purpose of enforcing those particular provisions.
A. 
The authority of these Special Officers may be limited to specific duties and/or be of limited duration.
B. 
Those persons herein granted citation authority will be trained and qualified as required by law and be specifically designated to do so by the City Manager.
C. 
Those individuals granted citation authority pursuant to this section shall have no authority to use firearms in their activity and shall have citation authority only when on duty, during their regular hours or when on special assignment at the direction of the City Manager or authorized designee.
(Ord. 1584 § 1, 2012; Ord. 1673(20) § 42)
An administrative citation shall contain all of the following information:
A. 
The date and location of the violation and the approximate time the violation occurred or was detected;
B. 
The Code section violated and a description of the violation;
C. 
The amount of the fine imposed for the violation, and the time within which and the place at which the fine shall be paid;
D. 
An order prohibiting another occurrence of the Code violation;
E. 
A description of the administrative citation review process, including the deadline and process for appealing the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation; and
F. 
The name and signature of the citing official.
(Ord. 1584 § 1, 2012; Ord. 1673(20) § 2)
A. 
The citing official may issue an administrative citation, on a form approved by the City Manager on a responsible person using any of the following methods:
1. 
Personal Service. The citing official may issue the administrative citation by personal delivery thereof to a responsible person. The citing official shall attempt to obtain on the administrative citation the signature of the responsible person. If the responsible person or person served refuses or fails to sign the administrative citation, then the failure or refusal to sign shall not affect the validity of the citation or the subsequent proceedings. Service shall be deemed effective on the date of delivery.
2. 
Mail. The citing official may mail the administrative citation to the responsible person by certified mail. Service shall be deemed effective on the date of mailing.
3. 
Posting. If the citing official does not succeed in serving the responsible party personally or by certified mail, then the citing official shall post the administrative citation on any real property within the City in which the responsible person has a legal interest and, when so posted, shall be deemed effective service as of that date.
4. 
Publication. If the citing official does not succeed in serving the responsible person personally, by certified mail, or by posting, then the citing official shall cause the administrative citation to be published once a week for four successive weeks in a local newspaper published, in English, at least once a week. Service shall be deemed effective upon the final date of publication.
B. 
Prior to an administrative citation being issued for a violation pertaining to building, plumbing, electrical or other similar structure of zoning issues that do not create an immediate danger to health and safety, when a continuing violation is involved the citing official shall provide the responsible person at least five days to correct or otherwise remedy the violation, unless in the reasonable discretion of the citing official more time is reasonably needed to correct, or otherwise correct the violation to the reasonable.
C. 
Notwithstanding the foregoing and subject to D, below, the administrative fines that may be imposed pursuant to this Chapter for the violation of any building, plumbing, electrical, or other similar structural, health and safety, or zoning requirement, if the violation exists as a result of, or to facilitate, the illegal cultivation of cannabis, shall be due and payable immediately upon the receipt of the citation by the person being cited.
D. 
The person receiving the citation shall have the time provided in B, above, to correct or remedy the violation prior to the imposition of administrative fines applicable pursuant to this Chapter, if all of the following are true:
1. 
The person who received the administrative citation is a tenant in possession of the property that is the subject of the administrative action;
2. 
The subject rental property owner or agent can provide evidence the subject rental or lease agreement prohibits the cultivation of cannabis; and
3. 
The subject rental property owner or agent did not know the tenant being issued the administrative citation was illegally cultivating cannabis and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.
(Ord. 1584 § 1, 2012; Ord. 1657(18) § 1; Ord. 1673(20) § 42)
A. 
For any violation of this Code for which there is no specific administrative penalty established in this Code or by separate resolution of the City Council, the fine shall be in the amount of $100.00 for a first violation; $200.00 for a second violation of the same provision of this Code occurring during the immediately following consecutive 12-month period; and $500.00 for each additional violation of the same provision of this Code occurring within the same consecutive 12-month period.
B. 
Administrative fines assessed pursuant to an administrative citation are a debt owed to the City.
(Ord. 1584 § 1, 2012; Ord. 1743(26), 3/3/2026)
The fine imposed pursuant to this chapter for a particular violation and for any subsequent violation of the same Code section, shall be paid to the City within 20 business days after the effective date of service of the administrative citation, as described in Section 1.36.040(A). If, after a hearing requested pursuant to Section 1.36.070, the hearing officer determines the administrative citation is not supported by substantial evidence, then the citation shall be null and void and the administrative fine shall be refunded in accordance with the provisions of this chapter.
(Ord. 1584 § 1, 2012; Ord. 1673(20) § 3)
A. 
The alleged violator may appeal any penalty, citation, or fine issued under this chapter to the City Manager by filing a notice of appeal in accordance with the requirements of Chapter 1.32 of this code.
B. 
The City Manager, or designee (i.e., the "hearing officer"), shall conduct the appeal within 20 business days after his or her receipt of the appeal letter. The City Manager or designee shall use reasonable judgment to determine whether to grant or deny the appeal. The City Manager's or designee's decision shall be final.
(Ord. 1584 § 1, 2012; Ord. 1673(20) §§ 4, 42)
The City may collect any past-due administrative fine or late payment charges by use of any available legal means, including the special assessment or lien procedures set forth in Sections 17.140.100 and 17.140.110 of this Code.
(Ord. 1584 § 1, 2012)