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, 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)
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.
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.
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)
