A. 
An enforcement officer may issue an administrative citation to any responsible party in response to any violation of any provision of this code, any permit or license approved pursuant to any provision of this code; any condition of approval of a permit or entitlement granted pursuant to any provision of this code, any required environmental mitigation measure, any term or condition of any city agreement pursuant to a police power, or any order issued by or on behalf of the city or by an administrative hearing officer contracted with the city.
B. 
A continuing violation of the violations specified in subsection (A) above constitutes a separate and distinct violation each day the violation exists.
C. 
Administrative penalties shall be assessed by means of an administrative citation issued by an enforcement officer and shall be payable directly to the city.
D. 
Administrative penalties shall be collected in accordance with the procedures specified in this chapter.
(Ord. NS-591 § 1, 2001; Ord. CS-375 § 2, 2020; Ord. CS-434 § 3, 2022)
A. 
Upon discovering a violation of this code, an enforcement officer may issue and serve an administrative citation to a responsible party in the manner prescribed in this chapter. The administrative citation shall be issued on a form approved by the City Attorney or designee.
B. 
A responsible party shall be provided a notice of violation prior to the issuance of an administrative citation, except in the event of certain violations related to the illegal cultivation of cannabis, as governed by California Government Code Section 53069.4(a)(2)(B).
C. 
A second or subsequent notice of violation does not need to be issued to the same responsible party prior to the issuance of an administrative citation if a notice of violation for the same, similar, repeated, or continuing violation was previously issued.
D. 
Failure to comply with any portion of a notice of violation may result in the issuance of an administrative citation.
E. 
If an administrative citation is served by personal service, the enforcement officer shall attempt to obtain the signature of the responsible party to whom the administrative citation is being issued. If the responsible party refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and any subsequent proceedings.
(Ord. NS-591 § 1, 2001; Ord. CS-375 § 2, 2020; Ord. CS-434 § 3, 2022)
An administrative citation shall:
A. 
Document the date and location of the violation(s) and, if applicable, the approximate time the violation(s) were observed.
B. 
Document the code section(s), provision(s), condition(s), or term(s) violated and describe what action or absence of action resulted in the violation.
C. 
Describe the action required to correct the violation(s).
D. 
Require the responsible party to correct the violation(s) by a reasonable compliance date to be provided by the enforcement officer and explain the consequences of failure to correct the violation(s).
E. 
If a violation is continuing in nature, demand the responsible party cease and desist from further action causing the violation(s) and commence and complete all action to correct the outstanding violation(s).
F. 
State the amount of the administrative penalty imposed for the violation(s).
G. 
Explain how the administrative penalty shall be paid, the time period by which it shall be paid and the consequences of the failure to timely pay it.
H. 
Indicate the responsible party has 30 calendar days from the date of issuance of the administrative citation to appeal the citation, including any administrative penalty imposed.
I. 
Contain the signature of the issuing enforcement officer and the signature of the responsible party, if the responsible party was personally served and signed the administrative citation, as provided in this chapter.
J. 
Contain a reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline, including criminal prosecution; civil injunction; administrative abatement; additional administrative citations; an administrative hearing requested by the city to resolve the violations; suspension, revocation, or stay of issuance of municipal permits, or other city authorizations; recordation of notices of violation, certificates of noncompliance, or other notices of ineligibility for land development; bonding requirements; and referral to other enforcement authorities.
(Ord. NS-591 § 1, 2001; Ord. CS-375 § 2, 2020; Ord. CS-434 § 3, 2022)
A. 
The amount of administrative penalty assessed shall be as authorized in California Government Code Sections 36900, subdivisions (b)-(d), 36901, and 53069.4, subdivision (a)(1).
B. 
All administrative penalties assessed are cumulative. If a responsible party fails to correct the violation(s), or has the same, similar, repeated, or continuing violation(s), subsequent administrative penalties may be issued.
C. 
All administrative penalties assessed shall be payable to the city within 30 calendar days from the date of the administrative citation.
D. 
All administrative penalties paid under this section shall be refunded if it is determined, after a hearing, the person charged in the administrative citation was not responsible for the violation(s) or there were no violation(s) as charged in the administrative citation.
E. 
Payment of administrative penalties shall not excuse the failure of any responsible party to correct the violation(s) nor shall it bar further enforcement action by the city.
F. 
The correction of a violation does not excuse the failure of a responsible party to pay any outstanding administrative penalties.
(Ord. NS-591 § 1, 2001; Ord. CS-375 § 2, 2020; Ord. CS-434 § 3, 2022)
A. 
The failure of any person to pay an administrative penalty or late fee within the time specified on the administrative citation or other notice without the filing of an appeal as provided in this chapter will result in the assessment of an additional late fee. The amount of the late fee is 25% of the total amount of the administrative penalty and will be assessed independent of whether the violation has been corrected.
B. 
The failure of any person to pay an administrative penalty or late fee assessed within the time specified on the administrative citation or other notice constitutes a debt to the city. The city may file a civil action and/or pursue any other legal remedy to collect the debt.
(Ord. NS-591 § 1, 2001; Ord. CS-375 § 2, 2020; Ord. CS-434 § 3, 2022)
A. 
It is unlawful for the owner of any real property or structure who has an outstanding notice of violation, order, or administrative citation related to the real property or structure to sell, transfer, mortgage, lease, or otherwise dispose of the real property or structure to another until: (1) the corrective action has been completed and all penalties, costs, and late fees have been paid; or (2) until the owner furnishes the grantee, transferee, mortgagee, or lessee a true copy of any notice, order, or administrative citation and furnishes an enforcement officer a signed and notarized statement from the grantee, transferee, mortgagee, or lessee acknowledging the receipt of the notice, order, or administrative citation and either: (a) fully accepting the responsibility without condition for making the corrections or repairs required by the notice, order, or administrative citation; or (b) stating the grantee, transferee, mortgagee, or lessee intends to timely challenge the notice, order, or administrative citation. The transfer of ownership in violation of this section shall not abrogate the transfer.
B. 
Any property owner and any responsible party shall be jointly and severally liable for any financial obligations as a result of any city actions and proceedings involving the property, even if the property is subsequently transferred, exchanged, sold, inherited, or gifted, to ensure the continuity of the city's business and administration of its laws. These financial obligations may include administrative penalties, late fees, and administrative costs as defined in this chapter; civil fines and penalties; and criminal fines and penalties. The city may use any legal means to enforce the collection of these financial obligations, including referral to collections agencies and the Franchise Tax Board.
C. 
If the property is exchanged, sold, inherited, or gifted, the obligation to correct any such violations against the property shall then be the responsibility of the purchaser, transferee, or lessee of interest, who shall be bound by the obligation to correct without further notice.
(Ord. CS-375 § 2, 2020; Ord. CS-434 § 3, 2022)
A. 
A recipient of an administrative citation or an unfavorable decision of the City Manager or designee related to a stop work order or stop use order may contest the citation or decision on a stop work order or a stop use order by completing all required request for hearing forms and returning them to the code enforcement division or other department or division specified on the administrative citation or decision on a stop work order or a stop use order within 30 calendar days from the date the administrative citation or decision was issued, together with an advance deposit of the full amount of administrative penalties or notice that a request for an advance deposit hardship waiver has been filed pursuant to subsection F of this section. If the deadline to appeal falls on a weekend or city holiday, then the deadline is extended to the next regular business day.
B. 
A recipient of a notice of violation for a public nuisance under Chapter 6.16 of this code or a notice and order for civil penalties has 10 calendar days from the date of mailing of the notice, or 10 calendar days from the date of personal service of the notice if served using this method, to submit a request for hearing form to the code enforcement division or other department or division specified on the notice. If the deadline to appeal falls on a weekend or city holiday, then the deadline is extended to the next regular business day. A notice of violation for any other offense besides a public nuisance under Chapter 6.16 of this code is not appealable until an administrative citation has been issued for that offense.
C. 
Request for hearing forms may be obtained from the city's website, the code enforcement division, or the department or division specified on the notice, administrative citation, or decision on a stop work order or a stop use order.
D. 
The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 calendar days prior to the date of the hearing.
E. 
If the enforcement officer submits an additional written report concerning the notice, administrative citation, or decision on a stop work order or a stop use order to the administrative hearing officer at the hearing, then a copy of that report shall also be served on the person requesting the hearing at least five calendar days prior to the date of the hearing.
F. 
Advance Deposit Hardship Waiver for Appeal of Administrative Citations.
1. 
A responsible party who intends to request a hearing to contest an administrative citation, and who is financially unable to make the advance deposit of the full amount of any administrative penalty, may file a request for an advance deposit hardship waiver, to be considered by the finance department designee.
2. 
The advance deposit hardship waiver request shall be filed with the code enforcement division or other department or division specified on the administrative citation within 10 calendar days of the date the administrative citation was served. The waiver request shall be filed using the advance deposit hardship waiver application form, which shall be available on the city's website or from the code enforcement division.
3. 
The requirement of depositing the full amount of the administrative penalties shall be stayed unless or until the finance department designee makes a determination not to issue the advance deposit hardship waiver.
4. 
The finance department designee may issue an advance deposit hardship waiver up to the full amount of any administrative penalty only if the responsible party submits to the finance department designee a sworn declaration, together with relevant supporting documents or materials, demonstrating to the satisfaction of the finance department designee:
a. 
The responsible party has made a bona fide effort to comply with the code violated; and
b. 
Depositing the full amount of the required payment in advance of the hearing would result in an undue financial burden.
5. 
If the finance department designee determines not to issue an advance deposit hardship waiver, the responsible party shall remit the full amount of the administrative penalty to the code enforcement division or other department or division specified on the administrative citation within 10 calendar days of the date of the finance department designee's determination.
6. 
The finance department designee shall issue a written determination listing the reasons for the determination to issue or not to issue the advance deposit hardship waiver. The written determination of the finance department shall be final and non-appealable.
7. 
The written determination of the finance department designee shall be served upon the person who applied for the advance deposit hardship waiver by regular U.S. mail or any other method reasonably likely to reach the applicant, including electronic mail and facsimile.
(Ord. NS-591 § 1, 2001; Ord. CS-375 § 2, 2020; Ord. CS-434 § 3, 2022)