A.
This
chapter provides for administrative citations 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.
B.
Use
of this chapter shall be at the sole discretion of the city.
(Ord. 865 § 1, 1998; Ord. 1222 § 1, 2011; Ord. 1374 § 1, 2022)
For purposes of this chapter, "enforcement officer" shall mean
any city employee or agent of the city with the authority to enforce
any provision of this code. The city reserves the right to change
the enforcement officer or establish a new enforcement officer at
any time.
(Ord. 865 § 1, 1998; Ord. 1374 § 1, 2022)
A.
Whenever
an enforcement officer charged with the enforcement of any provision
of this code determines that a violation of that provision has occurred,
the enforcement officer shall have the authority to issue an administrative
citation to any person responsible for the violation.
B.
Each
administrative citation shall contain the following information:
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 shall 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 and signature of the citing enforcement officer.
(Ord. 865 § 1, 1998; Ord. 1374 § 1, 2022)
A.
The
amounts of the fines for code violations imposed pursuant to this
chapter shall be set forth in the schedule of fines established by
resolution of the city council and otherwise permitted by applicable
law, including 14 California Code of Regulations Section 18997.2.
B.
The
schedule of fines shall specify any increased fines for repeat violations
of the same code provision by the same person within thirty-six months
from the date of an administrative citation.
C.
The
schedule of fines shall specify the amount of any late payment charges
imposed for the payment of a fine after its due date.
(Ord. 865 § 1, 1998; Ord. 1374 § 1, 2022)
A.
The
fine shall be paid to the city within thirty days from the date of
the administrative citation.
B.
Any administrative citation fine paid pursuant to subsection A of this section shall be refunded in accordance with Section 8.81.100 if it is determined, after 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.
C.
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. 865 § 1, 1998; Ord. 1374 § 1, 2022)
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 a request for hearing form and returning it to the city within thirty days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance hardship waiver has been filed pursuant to Section 8.81.070.
B.
A request
for hearing form may be obtained from the department specified on
the administrative citation.
C.
The
person requesting the hearing shall be notified of the time and place
set for the hearing at least ten days prior to the date of the hearing.
D.
If the
enforcement officer submits an additional written report concerning
the administrative citation to the hearing officer for consideration
at the hearing, a copy of this additional report shall be served on
the person requesting the hearing at least five days prior to the
date of the hearing.
(Ord. 865 § 1, 1998; Ord. 1374 § 1, 2022)
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 as required in Section 8.81.060(A) may file a request for an advance deposit hardship waiver.
B.
The
request shall be filed with the department of finance on an advance
deposit hardship waiver application form, available from the department
of finance, within ten days of the date of the administrative citation.
C.
The requirement of depositing the full amount of the fine as described in Section 8.81.060(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 may waive the requirement of an advance deposit set forth in Section 8.81.060(A) and issue the advance deposit hardship waiver only if the cited party submits to the director a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the director the person's actual financial inability to deposit with the city the full amount of the fine in advance of the hearing.
E.
The
administrative citation and any additional report submitted by the
enforcement officer shall constitute prima facie evidence of the facts
contained in those respective documents.
F.
The
hearing officer may continue the hearing and request additional information
from the enforcement officer or the recipient of the administrative
citation prior to issuing a written decision.
(Ord. 865 § 1, 1998; Ord. 1374 § 1, 2022)
The city manager shall designate the hearing officer for the
administrative citation hearing.
(Ord. 865 § 1, 1998; Ord. 1374 § 1, 2022)
B.
A hearing
before the hearing officer shall be set for a date that is not less
than fifteen days and not more than sixty days from the date that
the request for hearing is filed in accordance with the provisions
of this chapter.
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.
The
failure of any recipient of an administrative citation to appear at
the administrative citation hearing shall constitute a forfeiture
of the fine and a failure to exhaust their administrative remedies.
E.
The
administrative citation and any additional report submitted by the
code enforcement officer shall constitute prima facie evidence of
the facts contained in those respective documents.
F.
The
hearing officer may continue the hearing and request additional information
from the enforcement officer or the recipient of the administrative
citation prior to issuing a written decision.
(Ord. 865 § 1, 1998; Ord. 1374 § 1, 2022)
A.
After
considering all of the testimony and evidence submitted at the hearing,
the hearing officer shall issue a written decision to either uphold
or cancel the administrative citation and shall list in the decision
the reasons for that decision. The decision of the hearing officer
shall be final.
B.
If the
hearing officer determines that the administrative citation should
be upheld, the fine amount on deposit with the city shall be retained
by the city.
C.
If the
hearing officer determines that the administrative citation should
be upheld and the fine has not been deposited pursuant to an advance
deposit hardship waiver, the hearing officer shall set forth in the
decision a payment schedule for the fine imposed.
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 amount of the deposited fine, together with interest
at the average rate earned on the city's portfolio for the period
of time the fine amount was held by the city.
E.
The
recipient of the administrative citation shall be served with a copy
of the hearing officer's written decision.
F.
The
employment, performance evaluation, compensation and benefits of the
hearing officer shall not be directly or indirectly conditioned upon
the amount of administrative citation fines upheld by the hearing
officer.
(Ord. 865 § 1, 1998; Ord. 1374 § 1, 2022)
Any person who fails to pay to the city any fine imposed pursuant
to the provisions of this chapter on or before the date that fine
is due shall also be liable for the payment of any applicable late
payment charges as set forth in the schedule of fines.
(Ord. 865 § 1, 1998; Ord. 1374 § 1, 2022)
The city may collect any past due administrative citation fine or late payment charge by use of all available legal means. The city also may recover its collection costs pursuant to Section 1.04.090.
(Ord. 865 § 1, 1998; Ord. 1374 § 1, 2022)
Any person aggrieved by an administrative decision of a hearing
officer or an administrative citation may obtain review of the administrative
decision by filing a petition for review with the municipal court
of Riverside County in accordance with the time lines and provisions
set forth in California Government Code Section 53069.4.
(Ord. 865 § 1, 1998; Ord. 1374 § 1, 2022)
A.
The administrative citation and all notices required to be given by this chapter shall be served on the responsible party in accordance with the provisions of Section 8.80.040 of this title.
B.
Failure
to receive any notice specified in this chapter does not affect the
validity of proceedings conducted hereunder.
(Ord. 865 § 1, 1998; Ord. 1374 § 1, 2022)
