Chapter 1.24 ADMINISTRATIVE CITATIONS AND COMPLIANCE ORDERS

§ 1.24.010 Applicability.

The city has determined that the enforcement of this code is vital to the protection of the public's health, safety, and welfare. The city has determined that there is a need for alternative methods of code enforcement and that a comprehensive code enforcement system includes criminal, civil, and administrative remedies.

This chapter provides for the enforcement of code violations by administrative citations or compliance orders, which are in addition to all other legal remedies, criminal or civil, which the city may pursue to address code violations. Use of this chapter is at the sole discretion of the city. This section is authorized under the city's charter and Government Code Sections 53069.4 and 36901.

(O2006 15)

§ 1.24.020 Definitions.

For the purposes of this chapter:

"Day"

is defined at Section 1.04.030.

"Enforcement costs"

are defined at Section 1.16.050.

"Enforcement Officer"

means the Chief Building Official, City Code Enforcement Officer, City Department Manager (to the extent responsible for enforcing provisions of this code), or any other city employee designated by this code or the City Manager to enforce a provision of this code.

"Hearing Officer"

means the Hearing Officer appointed under Section 1.16.060.

"Responsible person"

is defined at Section 1.16.010.

(O2006 15)

§ 1.24.030 Authority to inspect.

Enforcement Officers are authorized to enter upon and inspect any property or premises within the city to ascertain whether the ordinances of the city are being obeyed, including any examinations and surveys as may be necessary in the performance of their enforcement duties. Inspections conducted under this section may include the taking of photographs, samples, or other physical evidence.

Inspections conducted under this section shall be performed reasonably and in accordance with law, including the Fourth Amendment of the United States Constitution and the related protections of the California Constitution.

The Enforcement Officer shall present identification, state the purpose of the inspection, and request permission from the owner or responsible person to enter the property or premises. If an owner or occupant of property or his or her agent refuses consent to entry and inspection, an Enforcement Officer may seek an administrative inspection warrant pursuant to law.

(O2006 15)

§ 1.24.040 Compliance orders.

Authority to Issue Compliance Order. Whenever an Enforcement Officer determines a code violation exists, the Enforcement Officer has the authority to issue a written compliance order to any responsible persons.

Contents of Compliance Order. A compliance order issued under this section shall contain the following information:

The section of the code violated;

A description of the condition creating or constituting the violation;

The date and location of the violation;

The name of the responsible person to whom the compliance order is issued;

The actions required to correct the violation, including an order to abate the violation and prohibit the continuation or repeated occurrence of the violation. This shall include an identification of the time within which correction of the violation shall be commenced and completed;

The name and signature of the Enforcement Officer issuing the compliance order;

The date the compliance order was issued;

The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved;

If the Enforcement Officer intends to issue a notice of administrative hearing pursuant to Section 1.24.070(C), the Enforcement Officer shall include the information required by Section 1.24.050(C)(7), (8), and (9);

10.

Either a copy of this chapter, or a description of the consequences of noncompliance with this chapter along with a description of the process and timing for hearings and appeals.

Dismissal of Order. If the Enforcement Officer determines that all violations have been corrected within the time specified in the compliance order, or that there was no violation as charged in the compliance order, or that the person to whom the compliance order was issued is not a responsible person, the Enforcement Officer shall dismiss the compliance order and notify the person to whom the compliance order was issued in writing.

Failure to Comply With Order. If the Enforcement Officer determines that all violations have not been corrected within the time specified in the compliance order, the Enforcement Officer may issue an administrative citation pursuant to Section 1.24.050. The Enforcement Officer may also issue a notice of administrative hearing pursuant to Section 1.24.070(C).

(O2006 15)

§ 1.24.050 Administrative citations.

Authority. Whenever an Enforcement Officer determines a code violation has occurred or exists, the Enforcement Officer has the authority to issue an administrative citation to any responsible person.

If the code violation pertains to building, plumbing, electrical, mechanical, or other similar structural or zoning issues that do not create an immediate danger to health or safety, the Enforcement Officer shall provide for a reasonable period of time (through the issuance of a compliance order under Section 1.24.040) for the responsible person to correct or remedy the violation before imposing administrative fines or penalties.

Contents of Citation. An administrative citation issued under this section shall contain the following information:

The section of the code violated;

A description of the condition creating or constituting the violation;

The date and location of the violation;

The name of the responsible person to whom the administrative citation is issued;

The name and signature of the Enforcement Officer issuing the administrative citation;

The date the administrative citation was issued;

The amount of all applicable fines and enforcement costs, which may include the requirement to pay a deposit pursuant to Section 1.24.070(B), or may include those amounts which could be imposed by the Hearing Officer under Section 1.24.090(A)(2);

A description of the process and timing for payment of fines and enforcement costs, which may include Section 1.16.050(D) and (E);

10.

A description of the administrative citation review process, including the time within which the administrative citation may be contested, the place from which to obtain a request for hearing form to contest the administrative citation, and the Hearing Officer's discretion to issue a decision pursuant to Section 1.24.090.

Dismissal of an Administrative Citation. At any time before the hearing to contest an administrative citation, if the Enforcement Officer determines that there was no violation as charged in the administrative citation or that the citation should be dismissed in the interest of justice, the Enforcement Officer shall dismiss the administrative citation and cancel the hearing. To the extent the Enforcement Officer determines that a person is not responsible for some or all of a previously paid administrative fine or fee, the Enforcement Officer shall refund the appropriate amount. The Enforcement Officer shall notify the person to whom the citation was issued in writing, and make a written notation in the file explaining why the citation was dismissed and why any fine or fee was refunded.

(O2006 15; O(2010) 18, 10/19/10)

§ 1.24.060 Payment of fines and enforcement costs.

Amount of Fine. Unless otherwise specified in this code or authorized by state law, or unless established by resolution of the City Council, the amount of the fine imposed for each code violation (as defined by Section 1.16.010) under this chapter shall be established as follows:

$100.00 for a first violation;

$200.00 for a second violation of the same code section within 12 months;

$500.00 for each day of each additional violation of the same code section within 12 months;

$1,000.00 per day for each day of each violation of a provision of this code specifically identified as a misdemeanor. For the purpose of this chapter, a code violation which would otherwise be an infraction shall be deemed a misdemeanor if, within any 12-month period, a person has twice been determined by a Hearing Officer to be in violation of the same code section;

The enforcement officer may impose an additional fine amount based on the criteria set forth in Subsection 1.24.090(A)(2);

The fines set forth in this section shall apply to a code violation whether or not the city issues an administrative citation or compliance order, and whether the city seeks enforcement in an administrative or judicial forum, or otherwise.

Amount of Enforcement Costs. In addition to the amount of any fine imposed pursuant to this section, a fee to cover enforcement costs may be imposed pursuant to Section 1.16.050.

Due Date. All fines and fees for enforcement costs shall be due and paid to the city within 30 days from the date of the administrative citation. The Enforcement Officer may suspend the imposition of fines for any period of time during which the responsible person has filed for necessary permits, and such permits are required to achieve compliance, and the responsible person is actively pursuing permit approval and full compliance.

Further Violations Not Excused. Payment of a fine under this section does not excuse or discharge any continuation or repeated occurrence of the code violation.

(O2006 15; O(2010) 18, 10/19/10)

§ 1.24.070 Hearing request.

A person to whom an administrative citation is issued may request an administrative hearing within 10 days of the issuance of the administrative citation. Failure to timely request an administrative hearing in the manner required by this chapter results in a final order, and constitutes a waiver of the hearing and a failure to exhaust administrative remedies.

A request for an administrative hearing shall be made in writing and filed with the City Clerk, and shall state all grounds which the appellant wishes the city to consider. The request shall be accompanied by a deposit of the fines and enforcement costs identified in the administrative citation. Provided, however, a deposit is not required to be paid prior to the hearing if either: (1) the Enforcement Officer does not identify the requirement to pay the deposit as a part of the administrative citation or compliance order; or (2) the appellant establishes, to the satisfaction of the City Manager, that the appellant is unable to pay the amount of the deposit.

If the Enforcement Officer determines that the code violation is of an ongoing or recurring nature, the Enforcement Officer may cause a written notice of administrative hearing to be served on any responsible person. The Enforcement Officer's notice under this subsection may order the responsible person to appear at the hearing and show cause why the violations and conditions should not be immediately abated by the responsible person at the responsible person's expense.

(O2006 15; O(2010) 18, 10/19/10)

§ 1.24.080 Hearing procedure.

Selection of Hearing Officer. The Hearing Officer for an administrative hearing shall be designated pursuant to Section 1.16.060.

Notice of Hearing. The hearing shall be conducted by the Hearing Officer on the date, time, and location specified in the written notice of hearing served by the Enforcement Officer on the cited responsible person (see Sections 1.24.100 and 1.16.050(E)(2)). The hearing date shall be set on the first available date for the designated Hearing Officer, which may be based on a schedule of regularly available hearing dates established by the City, not less than 15 days after the date that the request for hearing is filed, and not less than 10 days after the date of the notice of hearing.

Continuances. The Hearing Officer may continue a hearing from time to time, and may request additional information from the Enforcement Officer or the cited responsible person before issuing a decision.

Written Reports. Administrative citation and other reports prepared by the Enforcement Officer concerning a code violation shall be accepted by the Hearing Officer as prima facie evidence of the facts stated in such documents. If the Enforcement Officer submits any such documents to the Hearing Officer, then a copy of the documents shall be served on the cited responsible person at least five days before the hearing.

The Enforcement Officer and other representatives of the city may, but need not, appear and present evidence at the hearing.

Failure to Appear. The failure of the cited responsible person to appear at the hearing shall constitute a failure to exhaust his or her administrative remedies.

At the Hearing. At the hearing, the cited responsible person shall be given the opportunity to testify and to present evidence concerning the citation, including any evidence to show cause why the violation should not be abated at the cost of the cited responsible person. The hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence may be admitted if it is evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might consider such admission improper in a civil action. The Hearing Officer may exclude irrelevant or unduly repetitious evidence.

(O2006 15)

§ 1.24.090 Hearing officer's decision.

Decision. After considering the testimony and evidence presented at the hearing, the Hearing Officer shall issue a written decision, based on the preponderance of evidence, to uphold, dismiss, or modify the administrative citation in whole or in part, including the findings on which the decision was made. The Hearing Officer shall send a copy of the decision to the cited responsible person and to the Enforcement Officer.

The Hearing Officer's decision shall identify the responsible person's obligation to correct any existing or ongoing code violations to the satisfaction of the Enforcement Officer. The decision shall identify a reasonable period of time for the responsible person to correct the violation, based on the means required to abate the violation, the potential threat to public health or safety, and the duration (or repetitive nature) of the violation.

The Hearing Officer's decision shall identify the responsible person's obligation to pay all amounts owed for fines and enforcement costs (including any amounts owed through the date that all violations are corrected). In determining the amounts owed, the Hearing Officer has the discretion to increase or reduce the amount of the fine imposed by the Enforcement Officer based on any or all of the following factors: (a) the duration of the violation; (b) the frequency, recurrence and number of violations, related or unrelated, by the same violator; (c) the seriousness of the violation; (d) the good faith efforts of the violator to come into compliance; (e) the economic impact of the fine on the violator; (f) the impact of the violation on the community; and (g) such other factors as justice requires.

If the Hearing Officer determines that the seriousness or duration of the violation warrants additional remedies, the Hearing Officer may order, in addition to other remedies, any or all of the following:

The responsible person shall deposit funds with the city to offset the city's cost to conduct ongoing compliance monitoring for a specified period of time.

If the remedy of nuisance abatement is requested by the city, and the responsible person fails to correct the violation within the time specified by the Hearing Officer, the city shall authorized to enter onto the property to abate the violation without further notice. The responsible person shall pay all actual expenses incurred by the city to abate the violation, and the responsible person may be required to deposit with the city an estimated amount needed to abate the violation.

The responsible person shall attend a mandatory training program with the goal of minimizing the likelihood of repeat violations.

The person shall report back to the Hearing Officer by a specified date regarding the status of compliance.

Finality of Decision. The Hearing Officer's decision is final, and may not be appealed. The decision shall include information regarding the responsible person's right to seek judicial review of the Hearing Officer's decision (pursuant to Section 1.16.070(B)).

Refunds. To the extent the Hearing Officer's decision identifies the responsible person's entitlement to a refund, the city shall make payment to the responsible person within 30 days of the notice of decision.

(O2006 15)

§ 1.24.100 Notices.

Method of Service. Unless otherwise specified in this code, any compliance order, administrative citation, or any notices required to be given pursuant to this chapter, shall be served either: (1) by personal delivery to the person to be notified, or (2) by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at the person's last known business or residence address (as determined by the Enforcement Officer), or (3) if the Enforcement Officer determines that posting the notice would be more effective, by conspicuously posting a copy for a period of 10 days at the real property that is the subject of the violation, and publication in a newspaper of general circulation pursuant to Government Code Section 6062.

Real Property. When real property is involved in the violation, notices by United States mail (pursuant to Section 1.24.140(A)) may be served on the responsible party at the address as shown on the last equalized county assessment roll or the supplemental roll, whichever is more current. The Enforcement Officer may, in his or her discretion, also serve notice on a tenant, a mortgagor or any other person having an interest in the real property.

The person effecting service of any notice under this section may memorialize the service by written declaration under penalty of perjury, declaring the date, time, and manner that service was made, and the date and place of posting, if applicable. The declaration, along with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to a copy of the notice of violation and retained by the Enforcement Officer.

Failure to Receive Notice. The failure of a person to receive a required notice shall not affect the validity of any proceedings taken under this chapter.

(O2006 15)