A. 
Generally. An enforcement officer may issue an administrative citation to any person who violates any provision of the municipal code, any condition of approval of a permit or entitlement, any condition or provision of an environmental review, any rule or regulation authorized by this code, including, but not limited to, any rule or regulation promulgated by the City Manager, or any term or condition of any City agreement. A violation of this code includes, but is not limited to, any failure to comply with a requirement contained in this code and the failure to comply with any condition imposed by any entitlement, permit, City agreement, administrative citation or environmental review issued or approved pursuant to this code.
B. 
Continuing Violations. In accordance with Section 1.04.030, each and every day that a violation of any provision of the municipal code, any condition of approval of a permit or entitlement, any condition or provision of an environmental review, or any term or condition of any City agreement continues to exist constitutes a separate and distinct offense. A separate citation may be issued for each day a violation continues to exist. A second or subsequent violation punishable as set forth below need only be of the same or similar provision of the municipal code, condition of approval of a permit or entitlement, condition or provision of an environmental review, or term or condition of any City agreement to require the larger fine, and need not involve the same personnel or property, provided that the same responsible person is cited. The fine amounts may be cumulative where multiple citations are issued.
C. 
Monetary Penalties, Generally. In accordance with Chapter 1.12, an enforcement officer may assess a monetary fine or civil penalty for any violation of any provision of the municipal code, any condition of approval of a permit or entitlement, any condition or provision of an environmental review, or any term or condition of any City agreement by means of an administrative citation. Such fine or penalty is payable directly to the City of Santee. Monetary fines and penalties will be assessed in light of the criteria set forth in subsection F, to the extent allowed by law, statute, resolution or ordinance of the City Council. The following amounts provide a guide and are not intended to replace the criteria in subsection F, which criteria may justify higher penalty amounts:
1. 
$100.00 per violation per day for the first violation within 12 months;
2. 
$200.00 per violation per day for the second violation within 12 months;
3. 
$500.00 per violation per day for the third violation within 12 months;
4. 
$1,000.00 per violation per day for the fourth and any additional violations within 12 months.
D. 
Cost Recovery, Generally. Any person who violates any provision of the municipal code, any condition of approval of a permit or entitlement, any condition or provision of an environmental review, or any term or condition of any City agreement is liable for all costs incurred by the City to investigate, remedy, and prosecute such violation, including, but not limited to, the cost to compile the invoice and attorneys' fees. The City will maintain an accurate accounting of its costs and may recover such costs in accordance with Chapter 1.12.
E. 
Warning. If a violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that does not create an immediate danger to health and safety, then the responsible person may be issued a warning only on the first violation. The warning will advise the responsible person of the nature of the violation and the date upon which the violation must be corrected. The responsible person may be given a reasonable amount of time to correct the violation. If the violation is not corrected within the specified time period, an administrative citation with a fine may be issued.
F. 
Criteria. In determining the type of administrative citation to issue, the amount of penalty to assess for a particular violation, and other actions that are part of enforcement proceedings, the enforcement officer may consider factors, including, but not limited to, the following:
1. 
The nature of the violation;
2. 
The level of seriousness or threat to public health, safety or welfare of the violation;
3. 
The duration of the violation;
4. 
Efforts by the responsible person to correct the violation;
5. 
The impact of the violation on the community;
6. 
Any instances in which the responsible person has been in violation of same or similar laws at the same or other locations in the City;
7. 
The good faith effort by the responsible person to comply;
8. 
The economic impact of the penalty on the responsible person;
9. 
The economic benefit of the violation to the responsible person;
10. 
Whether the violation is easy to correct; and
11. 
Any other factors that justice may require.
(Ord. 554 § 3, 2019; Ord. 617, 10/23/2024)
A. 
Except as otherwise provided in this code or by law, including, but not limited to, exceptions provided for notices issued pursuant to the nuisance abatement provisions in Chapter 1.10, wherever notice is required to be given, it may be served in any of the following manners:
1. 
Personal Service.
a. 
The enforcement officer must attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation.
b. 
If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign does not affect the validity of the administrative citation or of subsequent proceedings.
c. 
If the enforcement officer is unable to provide notice by personal service, the enforcement officer must attempt service as set forth in subsection (A)(2) or (A)(3) of this section.
2. 
Service by Mail. If the enforcement officer is unable to locate the responsible person, the administrative citation or other notice may be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the administrative citation is sent by certified mail and returned unsigned, then service is deemed effective by first class mail, provided the citation sent by first class mail is not returned by the United States Postal Service.
3. 
Service by Posting Notice. If the enforcement officer does not succeed in personally serving the responsible person, or by certified mail or first class mail, the enforcement officer may post the administrative citation or other notice on any real property within the City in which the City has knowledge that the responsible person has a legal interest, and such posting will be deemed effective service.
4. 
Service by Electronic Means. Unless otherwise provided in this code or by law, the enforcement officer may serve an administrative citation or other notice by electronic service when the person subject to an administrative citation has agreed to accept service electronically. Electronic service of a document is complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent. However, any period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document will be extended after service by electronic means by two business days, but the extension of time will not apply to filing any notice of appeal or request for hearing.
B. 
Upon complying with the service procedures set forth in this section, the enforcement officer may complete a declaration of service documenting the date and manner of service. Failure to complete a declaration of service does not affect the validity of the service.
(Ord. 554 § 3, 2019)
Each administrative citation must contain the following information, at a minimum:
A. 
Date, approximate time, and address or description of the location where the violation(s) was observed;
B. 
The provision of the municipal code, condition of approval of a permit, entitlement, condition or provision of an environmental review, or term or condition of the City agreement or order violated and a description of the violation(s);
C. 
An order to the responsible person to cease the violation, correct the violation(s) within the time specified, if applicable, and an explanation of the consequences of failure to correct the violation(s);
D. 
The amount of the fine for the violation(s), if any;
E. 
An explanation of how the fine, if any, must be paid and the time period by which it must be paid;
F. 
A notification that payment of the fine does not excuse or discharge the failure to correct the violation and does not bar further enforcement action by the City;
G. 
A statement that if the fine is not timely paid, a late payment penalty may be added to the fine, and interest may also apply to outstanding fines;
H. 
Identification of rights of appeal pursuant to Chapter 1.14, including the time within which the citation may be appealed and the place to obtain a request for hearing form to appeal the administrative citation; and
I. 
The name and signature of the enforcement officer, the name and address of the responsible person and, if possible, the signature of the responsible person.
(Ord. 554 § 3, 2019)
When the violations listed on the administrative citation have been corrected, the responsible person or property owner may file with the enforcement officer a written request for a Notice of Compliance. Once the enforcement officer receives this request, the enforcement officer must re-inspect the property within 30 calendar days to determine whether the violations listed in the administrative citation have been corrected and whether all necessary permits have been issued and final inspections have been performed. The enforcement officer must serve a Notice of Compliance to the responsible person or property owner in the manner provided in Section 1.08.030 of this code if the enforcement officer determines that:
A. 
All violations listed in the recorded administrative citation have been corrected;
B. 
All necessary permits have been issued and finalized; and
C. 
All fines and/or penalties assessed against the property as a result of the administrative citation have been paid.
(Ord. 554 § 3, 2019)
Each type of administrative citation may be issued alone, or it may be combined with any other type of administrative citation. The City Manager is authorized to develop, adopt and amend procedures relating to the issuance of administrative citations for the purpose of implementing the provisions of this code. The procedures must provide guidance for the consideration of the criteria set forth in Section 1.08.020 and account for the following:
A. 
Notice of Violation. A notice of violation may be issued in response to any violation of any provision of the municipal code, any condition of approval of a permit or entitlement, any condition or provision of an environmental review, or any term or condition of any City agreement. A notice of violation may range from an informal warning to a formal enforcement action based on an evaluation of the criteria in Section 1.08.020.
B. 
Cease and Desist Order. A cease and desist order may be issued to require cessation of activities constituting a violation that poses a threat to health, safety or welfare or the environment.
C. 
Compliance Order. A compliance order may be issued to require actions to remedy a violation, and may contain a compliance schedule with milestones, action plans, compliance meetings, or other measures necessary to achieve and maintain compliance.
D. 
Notice to Abate. A notice to abate may be issued in accordance with Chapter 1.10.
E. 
Stop Work Order. A stop work order may be issued to immediately halt all construction, grading, building and other work undertaken with a City-issued permit or pursuant to a City-issued permit but in violation of applicable provisions of the code, permit, order or other regulatory requirements.
F. 
Ineligibility for Land Development. The enforcement officer may determine that any person who fails to perform construction, grading, building or other work in accordance with a City-issued permit or who performs construction, grading, building, or other work in violation of applicable provisions of this code or a City-issued permit, order or other regulatory requirements is ineligible to continue development or construction activities. During the effective dates of such ineligibility, no application for a building permit, administrative permit, site plan, use permit, variance, tentative parcel map, tentative map, parcel map or final map or any other permit for the development of the property on which the violation occurred and which resulted in the notice of ineligibility will be approved.
G. 
Bonding Requirement. A bond or other security instrument may be required to assure that a violation of any provision of the municipal code, any condition of approval of a permit or entitlement, any condition or provision of an environmental review, or any term or condition of any City agreement is corrected.
H. 
Referral to Other Enforcement Authorities. Where required or appropriate, violations may be referred to agencies having authority over the action constituting a violation.
I. 
Permit Suspension, Revocation, and Stay of Issuance of Municipal Permits or Other City Authorization.
1. 
Suspension. Any permit, license, or other approval issued by the City is subject to immediate but temporary modification or suspension if the enforcement officer determines immediate modification or suspension is needed to mitigate an actual or imminent threat to public health, safety, or welfare. The scope and time of any temporary modification or suspension must be limited to mitigate the actual or imminent threat and may only become permanent pursuant to the notice and hearing procedures in Chapter 1.14.
2. 
Revocation. Any permit, license, or other approval issued by the City is subject to revocation after notice and an opportunity to be heard pursuant to the hearing procedures in Chapter 1.14 for failure to comply with any provision of this code, any condition of approval of a permit or entitlement, any condition or provision of an environmental review, or any term or condition of any City agreement.
3. 
Nonissuance. The City may withhold permits or other approvals for any alteration, repair, or construction pertaining to any existing or new structures or signs on a property subject to an administrative or other enforcement action, or any permits pertaining to the use and development of the real property or the structure: (a) if a request to appeal has not been timely filed; or (b) after a hearing officer affirms the enforcement officer's decision to issue or record an administrative citation. The City may withhold permits until a Notice of Compliance has been issued by the enforcement officer in accordance with Section 1.08.030. The City may not withhold permits which are necessary to obtain a Notice of Compliance or which are necessary to correct serious health and safety violations.
(Ord. 554 § 3, 2019)