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)