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)
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)