The procedure set forth in this chapter is authorized by Government Code Section 53069.4.
(Ord. 99-27, eff. 12/21/99; Ord. 2022-04, eff. 7/7/22)
(a) 
This Chapter provides for administrative citations, fines and hearing procedures which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code. The City may utilize the provisions of this Chapter for any violation of this Code. This Chapter shall also apply to supplement procedures located elsewhere in this Code in order to provide due process.
(b) 
In the case of a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety, a reasonable time not to exceed six months shall be provided to remedy or correct the violation prior to imposition of fines or penalties. In determining what is a reasonable time, the City may consider the estimate of local professionals including licensed contractors.
(Ord. 99-27, eff. 12/21/99; Ord. 2022-04, eff. 7/7/22)
(a) 
Whenever any of the officers or employees named in Section 1-7.02 of this Code, or an Animal Control Officer pursuant to contract with the City, or any other officer designated by the City Attorney, determines that a violation of this Code has occurred, the officer or employee shall have the authority to issue an administrative citation to any person who is a responsible party within the meaning of Section 5-6.200(h) of this Code.
(b) 
Each administrative citation shall contain:
(1) 
The date of the violation;
(2) 
The address or a definite description of the location where the violation occurred;
(3) 
The section of this Code violated and a description of the violation;
(4) 
The amount of the fine for the Code violation;
(5) 
A description of the fine payment process, including a description of the time within which and the place to which the fine must be paid;
(6) 
An order prohibiting the continuation or repeated occurrence of the Code violation described in the administrative citation;
(7) 
A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained;
(8) 
In the case of a violation described in Section 1-9.02(b), the time within which the violation must be corrected in order to avoid a fine; and
(9) 
The name, signature and department of the person issuing the citation.
(Ord. 99-27, eff. 12/21/99; Ord. 2001-01, eff. 3/6/01; Ord. 2003-02, eff. 3/6/03)
(a) 
Whenever two or more private persons observe a violation of this Code, they may request that an administrative citation be issued to a responsible party (as defined in Section 5-6.200(h) of this Code) by any of the officers or employees named in Section 1-7.02 of this Code, or any other officer designated by the City Attorney. Alternatively, a request that an administrative citation be issued to a responsible party may be submitted by only one private person (as opposed to two or more) where the request is accompanied by documentary evidence (such as photographs or video) which is sufficient to establish a violation by a preponderance of the evidence. The private person(s) will be required to sign an affidavit under penalty of perjury verifying that they personally observed a violation of this Code by a responsible party, and may be required to testify at an administrative hearing as provided in Section 1-9.09 if the administrative citation is appealed. For affidavits submitted with documentary evidence, sufficient information to determine the authenticity of the documentary evidence, including the time of its creation, the method used, the person responsible for creating the documentary evidence and any other information necessary to lay a proper foundation for the documentary evidence, must be described in the affidavit. For documentary evidence to be considered by the officer or employee, the creator of the documentary evidence must submit an affidavit under this Section. Failure of the private person(s) to testify at an administrative hearing if required by the Department prosecuting the violation on behalf of the private party(ies) may result in a dismissal of the administrative citation. The officer or employee shall have the authority to issue an administrative citation to the responsible party upon the basis of this affidavit, but the officer or employee will have the discretion not to issue the administrative citation if, based on a totality of the facts and circumstances, the officer or employee does not believe that a violation of this Code actually occurred or could be proven to have occurred at an administrative hearing. The officer or employee also shall have the sole discretion to determine the amount of the fine associated with the administrative citation in accordance with this Code.
(b) 
Each third-party administrative citation shall contain:
(1) 
The date of the violation;
(2) 
The address or a definite description of the location where the violation occurred;
(3) 
The section of this Code violated and a description of the violation;
(4) 
The amount of the fine for the Code violation;
(5) 
A description of the fine payment process, including a description of the time within which and the place to which the fine must be paid;
(6) 
An order prohibiting the continuation or repeated occurrence of the Code violation described in the administrative citation;
(7) 
A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained;
(8) 
The name, signature and department issuing the citation on behalf of the private persons.
(c) 
Each third-party administrative citation shall be accompanied by an affidavit from the private person(s) setting forth a description of the violation as observed by the private person(s) signed under penalty of perjury.
(Ord. 2015-15 § 1, eff. 1/1/16; Ord. 2019-02 § 1, eff. 6/20/19)
(a) 
Fines shall be paid to the City of Santa Maria within 30 days after the administrative citation, except as otherwise specified.
(b) 
In the case of a violation described in Section 1-9.02(b), the fine shall be paid to the City of Santa Maria within 30 days after the date specified for compliance by the administrative citation.
(c) 
An administrative fine paid pursuant to subsections (a) or (b) shall be refunded in accordance with Section 1-9.10 if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.
(d) 
An administrative fine imposed pursuant to a third-party administrative citation procedure authorized by Section 1-9.03a is not required to be paid within 30 days after the date specified for compliance by the administrative citation if request for hearing form to contest the administrative citation is filed within seven days the administrative citation pursuant to Section 1-9.06(a).
(e) 
Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the Code violation that is the subject of the administrative citation.
(Ord. 99-27, eff. 12/21/99; Ord. 2015-15 § 2, eff. 1/1/16)
(a) 
Any recipient of an administrative citation may contest that there was a violation of the Code or that he or she is the responsible party by completing request for hearing form and returning it to the City within seven days from the date of the administrative citation, together with an advance deposit of the fine if issued pursuant to Section 1-9.03 or notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 1-9.07. Advance deposit of the fine shall not be required if the administrative citation was issued pursuant to Section 1-9.03(a).
(b) 
A request for hearing form may be obtained from the Department of the City of Santa Maria that issued the administrative citation.
(c) 
The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 days prior to the date of the hearing. In the case of a cited person who asserts a prior restraint upon freedom of expression and requests an early hearing, the person shall be notified of the time and place set for the hearing at the time of making the hearing request.
(d) 
If the person who issued the citation submits an additional written report concerning the administrative citation for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five days prior to the date of the hearing. In the case of a cited person who asserts a prior restraint upon freedom of expression and requests an early hearing, the cited person shall be given a copy of this report on the date of the hearing.
(Ord. 99-27, eff. 12/21/99; Ord. 2011-08, eff. 12/1/11; Ord. 2015-15 § 3, eff. 1/1/16)
(a) 
Any person who intends to request a hearing to contest that there was a violation of the Code or that he or she is the responsible party, and who is financially unable to make the advance deposit of the fine when required, may file a request for an advance deposit hardship waiver.
(b) 
The request shall be filed with the Finance Department on an advance deposit hardship waiver application form, available from the Finance Department, within five days after the date of the administrative citation.
(c) 
The requirement of depositing the full amount of the fine as described in Section 1-9.06(a) shall be stayed unless or until the Director of Finance makes a determination not to issue the advance deposit hardship waiver.
(d) 
The Director of Finance may waive the requirement for advance deposit only if the cited party submits to the Director a declaration under penalty of perjury, supported by evidence, that shows to the Director's satisfaction that the person is financially unable to deposit the full amount of the fine in advance of the hearing.
(e) 
If the Director of Finance determines not to issue an advance deposit hardship waiver, the cited party shall remit the deposit to the City within five days after the date of that decision or 14 days after the date of the administrative citation, whichever is later.
(f) 
The Director of Finance shall list his reasons for granting or not granting an advance deposit hardship waiver in writing and serve it on the cited party. The Director's decision is final.
(Ord. 99-27, eff. 12/21/99; Ord. 2015-15 § 4, eff. 1/1/16; Ord. 2017-01 § 2, eff. 3/9/17)
(a) 
No hearing to contest an administrative citation shall be held unless the fine has been deposited in advance per Section 1-9.06(a) or an advance deposit hardship waiver has been issued per Section 1-9.07, except for third-party administrative citations issued pursuant to Section 1-9.03a.
(b) 
A hearing before a Hearing Officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that the request for hearing is filed in accordance with the requirements of this chapter; provided, however, that upon the request of a cited person who asserts a prior restraint upon freedom of expression, the hearing shall be held and completed within two business days.
(c) 
At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.
(d) 
Failure of the cited person to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.
(e) 
The administrative citation and any additional report submitted by the citing officer shall constitute prima facie evidence of the respective facts contained in those documents.
(f) 
The Hearing Officer may continue the hearing and request additional information from the enforcement officer or cited person prior to issuing a written decision, or from the private person(s) who requested issuance of a third-party administrative citations pursuant to Section 1-9.03a.
(Ord. 99-27, eff. 12/21/99; Ord. 2011-08, eff. 12/1/11; Ord. 2012-02, eff. 4/5/12; Ord. 2015-15 § 5, eff. 1/1/16)
(a) 
After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall within 15 days issue and serve, in the manner provided in Section 5-6.207, on the cited person a written decision including findings to uphold or cancel the administrative citation. In the case of a cited person who asserted a prior restraint upon freedom of expression and requested an early hearing, the decision shall be served within two business days after the hearing. The decision of the Hearing Officer shall be final.
(b) 
If the Hearing Officer determines that the administrative citation issued pursuant to Section 1-9.03 should be upheld, the City shall retain the fine amount on deposit.
(c) 
If the Hearing Officer determines that the administrative citation should be upheld and the fine has not been deposited because of an advance deposit hardship waiver, the Hearing Officer shall set a fine payment schedule in the decision.
(d) 
If the Hearing Officer determines that the administrative citation should be canceled and the fine was deposited with the City, the City shall promptly refund the fine, plus interest earned by the City during the time the City held the fine.
(e) 
If the Hearing Officer determines that the third-party administrative citation issued pursuant to Section 1-9.03a should be upheld, the responsible party will be required to pay the amount of the fine within 30 days from the date the Hearing Officer's decision is issued or served (whichever is later), unless the responsible party files a timely appeal in the Superior Court pursuant to Section 1-9.13.
(Ord. 99-27, eff. 12/21/99; Ord. 2011-08, eff. 12/1/11; Ord. 2015-15 § 6, eff. 1/1/16)
Any person who fails to pay to the City any fine imposed pursuant to this chapter on or before the date that fine is due also shall be liable for the payment of late payment charges in the amount of 15% of the fine, plus interest accrued at a rate of 1.5% per month until paid.
(Ord. 99-27, eff. 12/21/99)
Any person affected by the decision of the Hearing Officer may appeal the decision to the Superior Court of Santa Barbara County within 20 days of the decision or service thereof. The appeal shall be governed by the provisions of Government Code Section 53069.4.
(Ord. 99-27, eff. 12/21/99; Ord. 2011-08, eff. 12/1/11)