(a) This
chapter shall be cited as the Administrative Remedies Ordinance.
(b) The
city council finds there is a need for an alternative method of enforcement
for violations of this code. The city council finds an appropriate
method of enforcement is through an administrative citation process.
(c) The
procedures established in this chapter shall be in addition to criminal,
civil or any other legal remedy established by law which may be pursued
to address violations of this code.
(Ord. No. 97-20, § 1, 9-10-97)
Any person violating provisions of this code may be issued an administrative citation, which is a civil penalty, by an enforcement officer as provided in sections
1A-6,
1A-7 and
1A-8 of this code. This chapter shall apply only to those titles and chapters of this code for which the city council has prescribed a civil penalty.
(Ord. No. 2015-19, § 1, 10-21-15)
The city manager or representative and code enforcement officers
shall diligently enforce the provisions of this chapter.
(Ord. No. 97-20, § 1, 9-10-97)
"City"
means the City of Escondido.
"Code"
means the Escondido Municipal Code, the Escondido Zoning
Code, or any law, rule, regulation, or code which is adopted by reference.
"Hearing officer"
means any person appointed by the city manager to preside over the administrative hearings provided for in section
1A-9 of this code.
"Party"
means any natural person, firm, association, business, trust,
organization, corporation, partnership, company, or any other entity
which is recognized by law as the subject of rights or duties.
"Penalty"
shall include civil penalty and shall mean
the amount assessed for violation of this code pursuant to the administrative
citation.
"Person"
means any natural person, firm, association, business, trust,
organization, corporation, partnership, company, or any other entity
which is recognized by law as the subject of rights or duties.
"Reinspection fee"
shall mean a fee charged against a responsible person who
has become the subject of city enforcement of state or local law,
and for which there is a need to recover the city's actual cost
of a second or any subsequent inspection of the property, caused by
the responsible party's failure to comply with a lawful order
from an enforcement officer. The amount of this fee shall be set by
periodic resolution of the city council.
"Respondent"
means any person or entity who is the registered owner, property
owner, legal owner, driver, operator, tenant, lessee, or is otherwise
liable for penalties in accordance with the applicable section of
this code, and who contests or disputes liability for civil penalties.
"Responsible person" or "party"
shall mean an owner of any property, a person who is responsible
for control of the property or the condition of the property, or a
person who is responsible for repair or maintenance of the property.
(Ord. No. 2015-19, § 2, 10-21-15)
(a) Any
person violating any provision of this code may be issued an administrative
citation by an enforcement officer as provided in this chapter.
(b) Each
and every day a violation of any provision of this code exists constitutes
a separate and distinct offense. Each section of this code which is
violated constitutes a separate violation for any day at issue.
(c) A
civil penalty for violations of any provision set forth in this code
may be assessed by means of an administrative citation issued by the
enforcement officer and shall be payable directly to the city.
(d) Civil
penalties assessed by means of an administrative citation shall be
due 30 days from the date of the citation and will be collected in
accordance with the procedures specified in this chapter.
(Ord. No. 97-20, § 1, 9-10-97)
(a) Upon discovering or observing any violation of this code for which a civil penalty has been prescribed, the enforcement officer may issue an administrative citation to the violator or property owner in the manner prescribed in section
1A-7 of this code. The administrative citation shall be issued on a form prescribed by the city manager.
(b) Any
party responsible for a violation of this code shall be provided a
notice of violation prior to the issuance of an administrative citation.
The notice of violation shall specify the action required to correct
or otherwise remedy the violation(s). Not less than 24 hours shall
be allowed from the date of the notice of violation for the party
to correct or otherwise remedy the violation. The enforcement officer
shall assign a specific reasonable period within which to correct
or otherwise remedy each violation. The enforcement officer shall
consider the cost of abatement or correction, the time required to
obtain permits for correction, the time needed to obtain estimates,
drawings and contracts for correction, time required for physical
relocation of personal property, and the time required to review submittals
in determining the reasonable warning period to be assigned for each
violation.
(c) Failure
to comply with any portion of a notice of violation may result in
the issuance of an administrative citation.
(d) The
enforcement officer shall identify the responsible party. A responsible
party shall be deemed to be the business or property owner or the
person who is in immediate control of the premises or activity which
constitutes a violation of this code.
(e) Once
the party responsible for the violation is identified, the enforcement
officer may issue an administrative citation to that person or entity.
(Ord. No. 97-20, § 1, 9-10-97)
(a) Service
of an administrative citation may be accomplished as follows:
(1) Personal service. The enforcement officer may obtain the signature
of the responsible party to establish personal service of the citation.
If the responsible party refuses or otherwise fails to sign the administrative
citation, the lack of signature shall in no way affect the validity
of the citation or the proceedings.
(2) The enforcement officer may post the citation by affixing the citation
to a surface in a conspicuous place on the property. Conspicuous posting
of the citation is not required when personal service is accomplished
or when conspicuous posting poses a hardship or is excessively expensive.
Failure of a posted notice to remain in place after posting shall
in no way affect the validity of the citation or the proceedings.
(3) The enforcement officer may serve the citation by first class mail
as follows:
(i) The administrative citation shall be mailed to the responsible party
or property owner(s) by first class mail, postage prepaid, with a
declaration of service under penalty of perjury.
(ii) A declaration of service shall be made by the person mailing the
administrative citation showing the date and manner of service by
mail and reciting the name and address of the citation addressee.
(iii)
The failure of any responsible party to receive a properly addressed
citation shall not affect the validity of the notice.
(iv) Service of the administrative citation in the manner described above
shall be effective on the date of mailing.
(Ord. No. 97-20, § 1, 9-10-97)
The administrative citation shall include all the following:
(a) A
brief description of the violation;
(b) Date
and location of the violation(s) and the approximate time the violation(s)
was observed;
(c) Code
section(s) violated;
(d) Description
of corrective action required;
(e) A
statement explaining that each day constitutes a new violation;
(f) The
amount of civil penalty imposed for the violation(s);
(g) A
statement advising that the fine shall be paid to the city within
30 days from the date on the administrative citation, procedure for
payment, and the consequences of failure to pay; and
(h) A
statement describing the responsible party's rights of appeal.
(Ord. No. 97-20, § 1, 9-10-97)
(a) Persons
receiving an administrative citation may appeal it within 10 calendar
days from the date the citation is served. The appeal must be in writing
and must indicate a return address. It must be accompanied by the
penalty amount, specifying the basis for the appeal in detail, and
must be filed with the city as indicated in the administrative citation.
If the deadline falls any day City Hall is closed, then the deadline
shall be extended until the next regular business day.
(b) As
soon as practicable after receiving the written notice of appeal,
the city agency shall fix a date, time and place for hearing before
a hearing officer. Written notice of the time and place for the hearing
may be served by first class mail, at the return address indicated
on the written appeal. Service of the appeal notice must be made at
least 10 days prior to the date of the hearing to the party appealing
the citation.
(c) The
failure of any person with an interest in the property, or other responsible
party, to receive such properly addressed notice of the hearing shall
not affect the validity of any proceedings under this chapter. Service
by first class mail, postage prepaid shall be effective on the date
of mailing.
(d) Failure
of any person to file an appeal in accordance with the provisions
of this section shall constitute a waiver of that person's rights
to administrative determination of the merits of the citation and
the amount of the penalty. If no appeal is filed, the citation shall
be deemed a final administrative order.
(e) A
hearing officer shall be designated by the city manager for all appeal
hearings under this chapter. The respondent may request the city manager
recuse a hearing officer for reasons of actual prejudice against the
party's cause. The hearing officer shall conduct an orderly
fair hearing and accept evidence on which persons would commonly rely
in the conduct of their ordinary business affairs as follows:
(1) A valid citation shall be prima facie evidence of the violation;
(2) The hearing officer shall accept testimony by declaration under penalty
of perjury relating to the violation and the appropriate means of
correcting the violation;
(3) The owner, agent, person responsible for the violation, or any other
interested person may present testimony or evidence concerning the
violation and the means and time frame for correction.
(f) The
city manager shall establish all appropriate administrative regulations
for implementing this chapter, conducting hearings and rendering decisions
pursuant to this section.
(g) The
hearing officer may reduce, waive or conditionally reduce the penalties
stated in a citation or any late fees assessed if mitigating circumstances
are shown and the hearing officer states specific grounds for reduction
or waiver in the written decision. The hearing officer may impose
conditions and deadlines for correction of violations or payment of
outstanding penalties.
(h) The
hearing officer shall make findings based on the record of the hearing
and make a written decision based on the findings. The processing
agency shall preserve all exhibits submitted by the parties and shall
serve the decision by first class mail on the respondent within 10
working days after the hearing. The decision of the hearing officer
dismissing the citation is final and conclusive. The decision of the
hearing officer affirming the citation is final and conclusive, subject
only to review by the superior court. There are no appeals to the
city council.
(Ord. No. 2015-19, § 3, 10-21-15)
(a) After
receipt of the hearing officer's decision, the respondent may
file an appeal with the Superior Court for de novo review. The request
for review shall be submitted within 20 days of the date of mailing
of the hearing officer's decision. The request for Superior
Court review shall state the reasons the party objects to the hearing
officer's findings or decision.
(b) The
Superior Court shall conduct a de novo hearing except the contents
of the processing agency file shall be received into evidence.
(c) A
copy of the notice of violation and imposition of penalty shall be
entered as prima facie evidence of the facts stated therein.
(d) The
Superior Court filing fee shall be $25. If the court finds in favor
of the respondent, the amount of the fee shall be reimbursed to the
respondent by the city. Any deposit of penalty shall be refunded by
the city in accordance with the judgment of the court.
(e) If
the penalty has not been deposited, and the decision of the court
is against the respondent, the city may proceed to collect the civil
penalty in the manner provided by law.
(Ord. No. 2015-19, § 4, 10-21-15)
(a) The
penalty amount shall be assessed at a rate as adopted by resolution
of the city council as follows:
(1) One hundred dollars for the first violation;
(2) Two hundred fifty dollars for the second violation of the same provision
within one year;
(3) Five hundred dollars for the third and each subsequent violation
of the same provision within one year.
(b) If
the violator or property owner fails to correct the violation, subsequent
administrative citations may be issued for the same violation(s).
(c) Payment
of the penalty shall not excuse the failure to correct the violation
nor shall it bar further enforcement action by the city.
(d) All
penalties assessed shall be payable to the city.
(e) The
failure of any person to pay a penalty assessed by administrative
citation within the time specified on the citation constitutes a debt
to the city. To enforce that debt, the city may file a civil action,
impose a special assessment as set forth below, or pursue any other
legal remedy to collect such money.
(f) The
city may impose a special assessment against the property that is
the subject of a citation if the citation has been issued to the property
owner. The city shall record a notice of lien in the office of the
county recorder when the special assessment procedure is used. When
so made and confirmed, the cost shall constitute a lien on that property
for the amount of the assessment. After confirmation and recordation,
a copy shall be turned over to the San Diego County tax collector.
At that point, it will be the duty of the tax collector to add the
amounts of the respective assessments to the next regular property
tax bills levied against the lots and parcels of land for municipal
purposes. Those amounts shall be collected at the same time and in
the same manner as ordinary property taxes are collected, and shall
be subject to the same penalties and procedures under foreclosure
and sale as provided for with ordinary municipal taxes. Or, after
recording, the lien may be foreclosed by judicial or other sale in
the manner and means provided by law.
(g) Any administrative penalty assessed under this chapter may also include a reinspection fee, as defined in section
1A-4.
(Ord. No. 2015-19, § 5, 10-21-15)
Penalties collected in the manner described in this section
shall be deposited in the general fund of the city.
(Ord. No. 97-20, § 1, 9-10-97)
Any administrative citation pursuant to this section shall not
prejudice or adversely affect any other action, civil or criminal,
that may be brought to abate the public nuisance or violation or to
seek compensation for damages suffered. A civil or criminal action
may be brought concurrently with any other process regarding the same
public nuisance or violation.
(Ord. No. 97-20, § 1, 9-10-97)