Whenever a code compliance officer or other authorized enforcement
agent determines that an infraction or misdemeanor violation of the
Municipal Code has occurred or that a violation exists which is deemed
to constitute a public nuisance pursuant to the Municipal Code and/or
applicable statute, rule, code or regulation, the officer or agent
may issue an administrative citation to any party responsible for
the violation.
(Ord. 870 § 2, 2004)
Any party to whom an administrative citation is issued, shall
be responsible for payment of an administrative fine in the amount
specifically set forth in the Municipal Code and/or applicable statute,
rule, code or regulation violated or, if no amount provided, in the
amount as follows: (a) an administrative fine in an amount not to
exceed one hundred dollars for the first violation; (b) an administrative
fine in an amount not to exceed two hundred dollars for the second
violation of the same provision within a twelve-month period commencing
on the date of the first violation; and (c) an administrative fine
in an amount not to exceed five hundred dollars for the third and
any subsequent violation of the same provision within a twelve-month
period commencing on the date of the first violation.
(Ord. 870 § 2, 2004)
A.
Any
party to whom an administrative citation has been issued for violations
pertaining to building, plumbing, electrical, or other similar structural
or zoning issues that do not create an immediate danger to health
or safety, shall be provided not less than ten calendar days in which
to correct or otherwise remedy the violation prior to the imposition
of any administrative fine. For all other violations, the recipient
of an administrative citation shall be provided not less than seven
calendar days in which to correct or otherwise remedy the violation
prior to the imposition of any administrative fine, unless a shorter
period is determined necessary by the code compliance officer or other
authorized enforcement agent.
B.
The
code compliance officer or other authorized enforcement agent may
extend the time in which to correct or otherwise remedy a violation
upon a showing that the recipient of the administrative citation requires
additional time to complete repairs or upon a showing that the recipient
of the administrative citation is awaiting issuance of a permit, provided
such person offers proof that he or she has commenced taking action
to correct or otherwise remedy the violation and/or that a proper
application for such permit has been made.
(Ord. 870 § 2, 2004)
An administrative citation shall include all of the following
information: (a) the name of the person(s) responsible for committing
the violation(s); (b) the date of the violation(s); (c) the street
address or a definite description of the location where the violation
occurred; (d) the code section(s) violated; (e) a description of the
violation; (f) an order prohibiting the continuation or repeated occurrence
of the described violation(s); (g) the amount of the administrative
fine for the violation(s); (h) a description of the fine payment process,
including a description of the time within which and the place to
which the fine shall be paid; (i) a description of the administrative
citation appeal process, including the time within which an appeal
must be filed; (j) a description of the process by which the city
may collect any unpaid fines; (k) a description of the potential consequences
should the violator continue or repeat the violation; and (l) the
name and signature of the code compliance officer or other authorized
agent who issued the administrative citation (the "citing officer").
(Ord. 870 § 2, 2004)
An administrative citation may be in letter form or any other form which adequately conveys the information set forth in Section 14.80.040.
(Ord. 870 § 2, 2004)
An administrative citation may be served in any of the following
ways: (a) by personal delivery to the violator; (b) if the violator
is being charged for violations occurring at a business operating
within the city, and the violator is the owner or an employee of the
business, the citation may be served by causing a copy of said citation
to be sent by certified mail, postage prepaid, return receipt requested
to the address shown on any permit or license issued by the city to
said business; or (c) by causing a copy of said citation to be sent
by certified mail, postage prepaid, return receipt requested, to an
address otherwise known to the citing officer. The failure of any
such person to receive a copy of the administrative citation shall
not affect the validity of any proceedings or actions taken under
this Title 14. Service by certified mail in the manner herein provided
shall be affixed to the copy of the administrative citation and retained
by the citing officer.
(Ord. 870 § 2, 2004)
Service of an administrative citation which is personally served
shall be deemed completed at the time of such personal service. Service
of an administrative citation which is served by mail is deemed completed
on the date said citation is deposited in the mail.
(Ord. 870 § 2, 2004)
Any recipient of an administrative citation may contest that there was a violation or that he or she is the party responsible for committing the violation by filing a complete and proper appeal of the administrative citation with the citing officer pursuant to this chapter 14.80.
(Ord. 870 § 2, 2004)
All appeals from any administrative citation shall be in writing
and shall contain the following information: (a) name(s) of each appellant,
(b) a brief statement in ordinary and concise language of the specific
items protested, together with any material facts claimed to support
the contentions of the appellant, (c) a brief statement in ordinary
and concise language of the relief sought and the reasons why the
administrative citation should be rescinded, modified or otherwise
set aside, and (d) the signatures of all parties named as appellants
and their mailing addresses. Any appeal filed that fails to provide
all of the information required by this section shall be deemed incomplete.
(Ord. 870 § 2, 2004)
A complete and proper appeal of an administrative citation as described in this chapter shall be filed with the citing officer within ten calendar days from the date that service of the administrative citation was completed pursuant to Section 14.80.070. Any appeal not timely filed shall be rejected.
(Ord. 870 § 2, 2004)
A filing fee as established by city council resolution or any
amendments thereto for an appeal of an administrative citation must
be paid to the city at or prior to the time of the filing of such
appeal. Any appeal of the administrative citation filed without payment
of the filing fee shall be deemed incomplete.
(Ord. 870 § 2, 2004)
Not later than five calendar days from the date the appeal is
filed the citing officer or his or her designee shall determine whether
the appeal is complete. If the appeal is determined to be incomplete,
the citing officer or his or her designee shall immediately mail to
the appellant a notice of incomplete filing which shall provide a
written explanation of each reason why the appeal has been determined
to be incomplete. If service of the notice of incomplete filing is
completed within five calendar days from the date the appeal is filed,
the ten calendar day time period within which to file a completed
appeal of an administrative citation shall not be extended.
(Ord. 870 § 2, 2004)
Failure to timely and properly file an appeal from an administrative citation shall constitute a waiver of all rights to an administrative appeal hearing and adjudication of the administrative citation or any portion thereof. The determination that the violation occurred and that the violator was responsible for the violation shall be deemed final on the date that service of the Administrative Citation is deemed completed pursuant to Section 14.80.070.
(Ord. 870 § 2, 2004)
The appeal of any Administrative Citation shall be processed in accordance with the provisions of this chapter 14.80 and conducted in accordance with the provisions of Municipal Code Chapter 14.90.
(Ord. 870 § 2, 2004)
Enforcement of any Administrative Citation shall be stayed during the pendency of an appeal therefrom which is properly and timely filed pursuant to this chapter 14.80.
(Ord. 870 § 2, 2004)
A.
After
an Administrative Citation becomes final due to the failure to file
a timely and proper appeal, the Code Compliance Manager or other authorized
agent shall prepare a Demand for Payment of all applicable administrative
fines if the citing officer determines that the person to whom the
Administrative Citation is directed failed, neglected, or refused
to obey the orders or adhere to the terms and conditions set forth
in the citation. The Demand for Payment shall require the person issued
the Administrative Citation to pay all applicable administrative fines
no later than thirty calendar days from the date the Administrative
Citation was issued. The amount of the fine for which the recipient
shall be responsible shall be as set forth in the Administrative Citation.
Payment of the administrative fine shall be made to the issuing department
or division unless otherwise provided by the Demand for Payment.
B.
Where a timely and complete appeal of the Administrative Citation is filed pursuant to this chapter 14.80 and the citation is upheld, the Notice of Decision and Compliance Order issued by the administrative hearing officer shall require appellant to pay all applicable administrative fines no later than ten calendar days from the date the Notice of Decision and Compliance Order was issued. The amount of the fine for which the recipient shall be responsible shall be as set forth in the Administrative Citation. Payment of the administrative fine shall be made to the issuing department or division of the city.
(Ord. 870 § 2, 2004)
The Demand for Payment shall include all of the following, which
shall be consistent with the information contained in the Administrative
Citation: (a) the name of the person(s) responsible for payment of
the administrative fines; (b) the date of issuance of the Administrative
Citation and the street address or a definite description of the location
where the violation occurred; (c) the amount of the administrative
fine which shall be immediately due and payable; (d) the place where
the fine must be paid; and (e) a description of the process by which
the city may collect any unpaid fines. The Demand for Payment may
be in letter form or any other form which conveys the information
set forth in this section.
(Ord. 870 § 2, 2004)
The Demand for Payment shall be served upon the person(s) responsible
for payment of the administrative fines either personally or by certified
mail, postage prepaid, return receipt requested, at their address
as it appears on the last equalized assessment roll of the county
or as otherwise known to the citing officer or authorized agent. If
an address of any such person does not appear on the last equalized
assessment roll or is not otherwise known to the citing officer, then
a copy of the Demand for Payment shall be addressed to such person(s)
and mailed to the address of the subject premises. The failure of
any such person to receive a copy of the Demand for Payment shall
not affect the validity of any proceedings or actions taken under
this chapter. Service by certified mail in the manner herein provided
shall be affixed to the copy of the Demand for Payment and retained
by the citing officer.
(Ord. 870 § 2, 2004)
Service of the Demand for Payment which is personally served
shall be deemed completed at the time of such personal service. Service
of a Demand for Payment which is served by mail is deemed completed
on the date said Demand for Payment is deposited in the mail.
(Ord. 870 § 2, 2004)
Proof of service of the Demand for Payment shall be certified
at the time of service by a written declaration under penalty of perjury
executed by the persons effecting service, declaring the date and
manner in which service was made. The declaration, together with any
receipt card returned in acknowledgment of receipt by certified mail
shall be affixed to a copy of Demand for Payment and retained by the
citing officer.
(Ord. 870 § 2, 2004)
Any party contesting the imposition of the administrative fine(s)
may seek judicial review of the imposition of the fine(s) by filing
an appeal pursuant to California Government Code Section 53069.4,
subdivision (b)(1) after said party has exhausted all available administrative
remedies.
(Ord. 870 § 2, 2004)
The prevailing party in any proceeding conducted pursuant to
this chapter and associated with the abatement of a public nuisance
shall be entitled to recovery of attorneys' fees incurred in any such
proceeding.
(Ord. 870 § 2, 2004)
