Whenever a code compliance officer or other authorized 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 as set forth in the municipal code and/or applicable statute, rule, code or regulation, the officer or agent, in lieu of issuing a field citation or causing or requesting the city attorney to file a criminal complaint, may issue an administrative citation to any party responsible for the violation.
(Ord. 504 § 2, 1999; Ord. 776 § 51, 2016)
A. 
Any party to whom an administrative citation is issued, shall be responsible for payment of an administrative fine, the amount of which shall be set forth in the applicable chapter of the municipal code.
B. 
If payment of an administrative fine is not paid by the applicable deadline as set forth in Section 13.58.150, the following late fees shall apply and shall be added to the total amount owed by the violator:
1. 
Zero to thirty days after deadline: no late fee.
2. 
Thirty-one to sixty days after deadline: late fee equal to fifty percent of the initial underlying administrative fine.
3. 
Over sixty days after deadline: late fee equal to one hundred percent of the initial underlying administrative fine.
C. 
Processing fees actually incurred by the city shall be added to the total amount due and payable on every administrative fine, in addition to the base amount of the fine.
(Ord. 504 § 2, 1999; Ord. 727 § 1, 2013)
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. The issuing officer or authorized 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. 504 § 2, 1999)
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 a notice of 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 person who issued the administrative citation.
(Ord. 504 § 2, 1999; Ord. 776 § 52, 2016)
An administrative citation may be in letter form or any other form which adequately conveys the information set forth in Section 13.58.030.
(Ord. 504 § 2, 1999)
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 issuing officer or authorized agent. 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. Service by certified mail in the manner herein provided shall be affixed to the copy of the administrative citation and retained by the issuing officer or authorized agent.
(Ord. 504 § 2, 1999)
Service of an administrative citation which is personally served shall be deemed completed at the time of such delivery. Service of an administrative citation which is served by mail is deemed completed on the date said citation is deposited in the mail.
(Ord. 504 § 2, 1999)
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 an appeal to the administrative appeals officer.
(Ord. 504 § 2, 1999)
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. 504 § 2, 1999)
A complete and proper appeal of an administrative citation as described in Section 13.58.080 shall be filed with the city clerk within ten calendar days from the date service of the administrative citation is completed. Any appeal not timely filed shall be rejected.
(Ord. 504 § 2, 1999)
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. 504 § 2, 1999)
Not later than five calendar days from the date the appeal is filed, the city clerk or designee shall determine whether the appeal is complete. If the appeal is determined to be incomplete, the city clerk or 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 days time period within which to file a completed appeal of an administrative citation shall not be extended.
(Ord. 504 § 2, 1999)
The city clerk or designee shall present any appeal filed pursuant to this chapter to the administrative appeals officer upon receipt of such appeal.
(Ord. 504 § 2, 1999)
Collection of fines based on the issuance of any administrative citation shall be stayed during the pendency of an appeal therefrom which is properly and timely filed pursuant to this chapter. However, violations may still be cited during the pendency of the appeal and the city may take any action under this title or provided for at law to address, abate, or otherwise remedy any ongoing violation, including, but not limited to, the issuance of additional administrative citations.
(Ord. 504 § 2, 1999; Ord. 743 § 1, 2014)
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 13.58.060.
(Ord. 504 § 2, 1999)
Where no proper appeal of the administrative citation is filed, the recipient of an administrative citation shall pay the administrative fine no later than thirty calendar days from the date the administrative citation was issued. Where a timely and complete appeal of the administrative citation is filed pursuant to Section 13.58.070 and the citation upheld, the administrative fine shall be paid no later than ten 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 unless otherwise provided by the citation.
(Ord. 504 § 2, 1999)
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 attorney's fees incurred in any such proceeding. Such fees are recoverable pursuant to the procedures in Chapter 13.120. In no action, administrative proceeding, or special proceeding shall an award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the city in the action or proceeding.
(Ord. 776 § 53, 2016)