A.
Purpose.
The purpose of this chapter is to enable the City, acting as a charter
city pursuant to Article XI, Sections 5 and 7 of the state Constitution,
to impose and collect civil administrative fines in conjunction with
the enforcement of provisions of this code. Notwithstanding the provisions
herein, the City has and shall continue to employ the philosophy of
voluntary compliance when seeking compliance with this code. Prior
to the implementation of the enforcement policies and penalties stated
herein, voluntary compliance approaches shall first be used in order
to educate City property owners and businesses concerning the requirements
of this code and the corrective action necessary to correct a violation
of this code, unless an immediate danger to health or safety exists.
B.
Administrative
Guidelines Approved by the City Council. Concurrently with the adoption
of the ordinance establishing this chapter, the City Administrator
shall prepare and promulgate administrative guidelines which shall,
among other things, establish policies for providing appropriate and
adequate warnings with respect to possible Municipal Code violations
to those persons who may receive an administrative citation, to provide
direction to City staff for the correct process of issuing a Notice
of Administrative Citation, and to establish the proper format of
the Notice of Administrative Citation and for service of that Notice
in a manner consistent with the requirements of due process (hereinafter
referred to as the "Administrative Guidelines"). Such Administrative
Guidelines shall be adopted by a resolution of the City Council.
(Ord. 5113, 1999; Ord. 5272, 2003)
A.
Enforcement of the municipal code. This chapter makes any violation of the provisions of the Santa Barbara Municipal Code, including, but not limited to, all uniform construction codes adopted by reference and as amended pursuant to Chapter 22.04 of the Code, subject to administrative fines.
B.
Administrative
authority. This chapter establishes the procedures for the imposition,
enforcement, collection, and review of civil administrative fines
pursuant to California Government Code Section 53069.4 and pursuant
to the City's plenary police powers as a charter city.
C.
Remedies
not exclusive. The use of the administrative enforcement remedies
provided by this chapter is solely at the City's discretion. By adopting
this chapter, the City does not intend to limit its discretion to
exercise any other remedy, civil or criminal, or other administrative
procedures, for the abatement of such violations that the City may
select in a particular case, including procedures for the imposition
of civil or criminal penalties.
D.
Strict
liability of the owner. Because serious Code violations may impact
public health, welfare, safety, and the adequacy and safety of housing,
this chapter is intended to impose strict civil liability upon the
owners of real property (or the owner of a business where the violation
is caused by or relates to the operation of a business) for all violations
of the Santa Barbara Municipal Code which may occur in the City of
Santa Barbara regardless of the existence of specific or general intent
or prior knowledge of such violations and, further, regardless of
any intent (or lack thereof) to violate the Code.
(Ord. 5113, 1999; Ord. 5272, 2003)
The following definitions apply to the use of these terms for
the purposes of this chapter:
Any violation of the Santa Barbara Municipal Code.
The City Department Head (or an expressly designated representative
thereof) with responsibility for a particular title of this Code.
The person or committee appointed by the City Administrator
to serve as the hearing officer or committee for administrative appeal
hearings.
Giving, mailing, or posting a Notice of Administrative Citation
to a person where "issuance" is deemed to have occurred on the earlier
of the date when a Notice of Administrative Citation is personally
served on a person, the date it is mailed to a person by posting in
the regular United States mail, or the date it is physically posted
on real property where a property related Code violation is occurring
or has occurred.
An official City Municipal Code violation notice issued to
a person(s) notifying them that they are in violation of the Santa
Barbara Municipal Code with respect to certain real property or the
operation of a certain business. In the case of an initial notice,
if the violation has not been corrected by a specified date, a civil
administrative fine will be imposed. Subsequent notices regarding
the same or similar type of violation, within any 12-month period,
may be cause for imposing additional administrative fines without
warning.
Any of the following:
An individual who causes a Code violation to occur.
An individual who maintains or allows a Code violation to continue,
by his or her action or failure to act in a lawful manner.
An individual whose agent, employee, or independent contractor
causes a Code violation by its action or failure to act in a lawful
manner.
An individual who is an owner of real property where a property
related Code violation occurs.
An individual who is an owner of a business or who is the on-site
manager of a business and who normally works at the site when the
business is open and is responsible for the activities at such premises.
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For purposes of this subsection "person" includes a natural
person or a legal entity, including, but not limited to, the owners,
majority stockholders, corporate officers, trustees, and general partners
of a legal entity. There shall be a legally rebuttable presumption
that the record owner of a parcel as listed on the County's latest
equalized property tax assessment rolls is the person responsible
for a Code violation on such parcel. In addition, where applicable,
a commercial lessee, sublessee, or operator of a business on a parcel
shall be presumed responsible for Code violations relating to the
operation of the business (for example, sign ordinance violations)
on that parcel.
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(Ord. 5113, 1999; Ord. 5272, 2003)
Pursuant to the authority of California Government Code Section
38771 and the City Charter, any continuing violation of the Santa
Barbara Municipal Code constitutes a public nuisance. Therefore, any
person owning or having possession of any real property in the City
of Santa Barbara who is in violation of any provision of the Santa
Barbara Municipal Code may be determined to be maintaining a public
nuisance provided, however, that it shall not be the intent of the
City that this chapter preempt any private nuisance right of action
or any and all other legal remedies available to private parties to
abate such nuisances.
(Ord. 5113, 1999; Ord. 5272, 2003)
A.
Inspections
and right of entry. The officials responsible for enforcement of the
Santa Barbara Municipal Code or their duly authorized representatives
may enter on any site or into any structure open to the public for
the purpose of investigation provided they shall do so in a reasonable
manner whenever they have cause to suspect a violation of any provision
of this Code or whenever necessary to the investigation of violations
to the conditions of approval, operational standards, or performance
standards prescribed in these regulations. If an owner, occupant or
agent refuses permission to enter, inspect or investigate premises
which are not open to the public, the officials or their representatives
may seek an inspection warrant under the provisions of California
Code of Civil Procedure Section 1822.50 et seq. All such inspections
shall be conducted in compliance with the Fourth Amendment to the
United States Constitution. Whenever the Director has inspected a
property and finds that conditions constituting a violation of this
Code exist thereon, the Director may use the procedures set forth
in this chapter to enforce the provisions of this Code as authorized
by law.
B.
Notice
of administrative citation issuance. The Director may issue a Notice
of Administrative Citation for a violation to any person or persons
whom the Director deems appropriate if the Director has determined,
through investigation, that a violation exists. A person to whom a
Notice of Administrative Citation is issued shall be liable for and
shall pay to the City the administrative fine or fines described in
the Notice of Administrative Citation when due pursuant to the provisions
of this chapter.
C.
Development review conditions. Every person who applies for and receives a permit, license, or any type of land use approval (such as, but not limited to, a development plan approval, a coastal development permit, a subdivision map approval, a conditional use or performance standard permit, a zoning modification, a variance, or other discretionary approval under Title 22, Title 27, Title 28, or Title 30 of this Code) shall comply with all mandatory approval conditions imposed upon the issuance of the permit, license, or other such approval. If a person violates any condition of such permit, license, or similar land use approval, that person may be issued a Notice of Administrative Citation and may be held responsible for administrative fines under the provisions of this chapter.
D.
Continuing
violations. Each day a violation of this Code exists shall be a separate
and distinct violation and may be subject to a separate administrative
fine. A Notice of Administrative Citation may charge a violation for
one or more days on which a violation exists and for violation of
one or more applicable Code sections.
E.
Correction
of violations at time of new or additional development. The City may
require a person to correct or otherwise resolve violations of this
Code existing on a parcel as a condition of issuance or approval of
a discretionary permit, license, or any similar type of land use,
approval for use or development of the parcel.
F.
Contents of notice. The Administrative Guidelines as approved by the City Council pursuant to Section 1.25.010 hereof shall, among other things, identify those items of information which must be contained in the Notice of Administrative Citation issued to persons and allege a violation of this Code.
G.
Service
of notice. The Notice of Administrative Citation and any amended Notice
of Administrative Citation shall be served by mail, personal service,
or posting in the manner provided for in the approved Administrative
Guidelines.
H.
Proof
of service. Proof of personal service of the Notice of Administrative
Citation shall be documented as provided for in the approved Administrative
Guidelines.
(Ord. 5113, 1999; Ord. 5272, 2003; Ord. 6027 § 8, 2021; Ord. 6067, 2022)
If the Director receives a request from any person required
to comply with a Notice of Administrative Citation, the Director may
grant an extension of any fine due date and abatement deadline if
the Director determines that such an extension of time will not create
or perpetuate imminent danger to public health and safety. The Director
shall have the authority to place reasonable conditions on such an
extension.
(Ord. 5113, 1999)
A.
Fine
schedule. The amount of fines for violating particular provisions
of the Code shall be set in a schedule of fines adopted by resolution
by the City Council concurrently with the ordinance adopting this
chapter. The schedule may include escalating fine amounts for repeat
Code violations occurring within specified periods of time.
B.
Due
date for fines. Fines are due on the day specified in the Notice of
Administrative Citation, or, in the event of an appeal, as determined
by the Hearing Administrator.
(Ord. 5113, 1999)
A.
Paid
by mail. Fines shall be paid to the Director within 30 days of the
due date. Payment shall be made by check or money order. The Director,
for purposes of convenience and ease of processing, may authorize
payment to be made in accordance with any other method, including
designating a location within the City for such payments.
B.
Further
violations. Payment of an administrative fine shall not excuse the
person from correcting the Code violation. The issuance of a Notice
of Administrative Citation or the payment of a fine does not preclude
the City from taking any other enforcement or legal action regarding
a Code violation that is not corrected, including issuing additional
Notices of Administrative Citation or the initiation of criminal or
Superior Court civil abatement proceedings.
(Ord. 5113, 1999)
A.
Appeal
to hearing administrator. Any person aggrieved by the action of the
Director in issuing a Notice of Administrative Citation pursuant to
the provisions of this chapter may appeal such notice to the Hearing
Administrator. If no appeal is filed within 10 days of the date of
issuance of the Notice of Administrative Citation, the order of the
Director shall be deemed final.
B.
Corrections.
Revocation of the Notice of Administrative Citation by the Hearing
Administrator or voluntary abatement of the nuisance either on or
prior to the Notice of Administrative Citation due date, and any authorized
extensions thereto, shall cause the case to be closed.
C.
Contested
appeals. To appeal a Notice of Administrative Citation, the person
receiving the Notice (the "appellant") shall file a signed written
request following the appeal procedures outlined in the Notice of
Administrative Citation. An appellant may contest the Notice of Administrative
Citation by denying that a violation occurred, by denying that it
was not corrected within the required correction period or, if applicable,
by establishing that he or she is not the owner of the real property
or the owner of the business at the time the violation should have
been corrected.
D.
Receipt
of an appeal request. To be effective, the appeal request must be
received by the Director within 10 days of the date the Notice of
Administrative Citation was issued. Where a request is mailed by the
appellant, the request shall be deemed filed on the date received
by the Director. The Director is authorized to designate an address
on the Notice of Administrative Citation to which such appeal requests
shall be mailed.
(Ord. 5113, 1999)
A.
Applicable
hearing administrator. The Hearing Administrator shall be designated
by the City Administrator in the Administrative Guidelines.
B.
Time
and place of hearings. Hearings shall be conducted by the Hearing
Administrator on the date, time, and place specified by the City.
C.
Appeal
records. The Director shall ensure that the pertinent Notice of Administrative
Citation is delivered to the Hearing Administrator in sufficient time
prior to the appeal hearing. Before the hearing, the Director shall
also make available to the appellant a copy of any additional information
concerning the Notice of Administrative Citation which will be provided
to the Hearing Administrator.
D.
Presentation
of evidence. The appellant shall be given the opportunity to testify
and to present evidence relevant to the Code violation specified in
the Notice of Administrative Citation.
E.
Use
of reports as evidence. The Notice of Administrative Citation and
any other reports prepared by City staff or by the Director concerning
a Code violation or attempted correction of a Code violation that
are provided to the Hearing Administrator shall be accepted by the
Hearing Administrator as prima facie evidence of the Code violation
and the facts stated in such documents.
F.
Staff
witnesses/additional evidence. Neither City staff nor any other representative
of the City shall be required to attend the appeal hearing, nor shall
the Hearing Administrator require that there be submitted any evidence,
other than the Notice of Administrative Citation, that may exist among
the public records of the City with respect to the violation. However,
any such appearance or submission may be made at the discretion of
the Director.
G.
Continuances. The Hearing Administrator may continue an appeal hearing if a request is made showing good cause by the appellant or the Director. All continuance requests shall either: (1) be made in person at the hearing by the appellant or his or her representative if the appellant is physically unable to attend, or (2) be made by a written request by the Director or the appellant. If the continuance is granted, a new hearing date shall be set within 30 days. If the continuance is denied, the hearing shall proceed as originally scheduled, and if the appellant is not present at the hearing, the request(s) shall be deemed abandoned in accordance with subsection I below.
H.
Rules
of evidence. The appeal hearing shall be conducted informally and
the legal or formal rules of evidence need not be followed. The Hearing
Administrator does not have the authority to issue a subpoena.
I.
Failure to appear. The failure of the appellant to appear at the hearing, unless the hearing was continued per subsection G above, shall constitute an abandonment of the appeal, and shall constitute a failure to exhaust administrative remedies concerning the violations set forth in the Notice of Administrative Citation.
(Ord. 5113, 1999; Ord. 5272, 2003)
A.
Notice
of decision. After considering all the evidence and testimony submitted
at an appeal hearing, the Hearing Administrator shall issue a Notice
of Decision within 10 business days to either uphold or revoke the
Notice of Administrative Citation based upon the Hearing Administrator's
conclusion of whether a violation occurred. The Notice of Decision
shall be mailed by first class and certified mail, postage prepaid,
return receipt requested, to the appellant or their designated representative
within one business day subsequent to the Hearing Administrator's
issuance of the Notice of Decision. The failure by the appellant to
appear at the appeal hearing shall be noted on the Notice of Decision
by the Hearing Administrator. The Hearing Administrator may reduce
or cancel the amount of any administrative fine or revoke the Notice
of Administrative Citation in unusual cases when extenuating circumstances
make doing so appropriate and in the interest of justice. The decision
of the Hearing Administrator shall be final.
B.
Payment
of fine after appeal decision. The filing of an appeal shall suspend
any fine assessed in the Notice of Administrative Citation. In the
event that the Notice of Administrative Citation is revoked, the fine
shall also be revoked. In the event that the Notice of Administrative
Citation is upheld, the appellant shall both abate the violation(s)
and pay the fine immediately.
(Ord. 5113, 1999; Ord. 5272, 2003)
A.
Applicability
of government code section 53069.4. The appellant may seek judicial
review of the Hearing Administrator's decision by filing a further
appeal with Santa Barbara Superior Court within 20 calendar days after
the appellant receives a copy of the Notice of Decision, in accordance
with the provisions of California Government Code Section 53069.4.
The appeal filed with the Court must also contain a proof of service
showing a copy of the appeal was served upon the City of Santa Barbara
City Attorney. The appellant must pay to the Superior Court the appropriate
court filing fee when the appeal is filed.
B.
Failure
to exhaust administrative appeal. No appeal is permitted from a decision
where the appellant is deemed to have abandoned the contest of the
Notice of Administrative Citation by an unexcused failure to appear
at the appeal hearing or by the failure to request an administrative
appeal hearing before the Hearing Administrator.
C.
Forwarding
of records to superior court. The City Attorney or the City Attorney's
designee shall forward to the Superior Court within 15 days of the
Court's request, the pertinent Notice of Administrative Citation documents
for any case appealed to that Court. If the Superior Court revokes
any Notice of Administrative Citation, the City will refund to the
appellant the Superior Court filing fee paid by the appellant.
(Ord. 5113, 1999; Ord. 5272, 2003)
A.
City
remedies. The City, at its discretion, may pursue any and all legal,
equitable, and administrative remedies for the collection of unpaid
civil administrative fines.
1.
Remedies
Cumulative. Pursuit of one remedy does not preclude the pursuit of
any other remedies until the total fines owed by a person under this
chapter have been collected.
2.
Refusal
to Issue Permits. A City department may refuse to accept an application
for a City permit or license or to refuse to issue, extend, or renew
to any person, who has unpaid delinquent fines, liens, or assessments,
any city permit, license, or other City approval pertaining to the
property that is the subject of a Notice of Administrative Citation
and an unpaid administrative fine.
3.
Suspension of Issued Permits. Notwithstanding any other provision of the Code, any permit, license, or any type of land use approval issued by the City to a person who has unpaid administrative fines totaling $500.00 or more which remain delinquent for 30 days or longer may be suspended by the department which issued the permit or other entitlement. The suspension becomes effective 10 days after the date the notice of the suspension is placed by the issuing department in the United States mail, postage prepaid, addressed to the person, and continues until the administrative delinquency is paid in full. The person may request an appeal/or review hearing pursuant to the specific permit, license, or other City approval procedures or ordinance if such a request is filed before the 10 day period ends. Continuing to operate under a suspended permit, license, or approval shall also be grounds for the Planning Commission to act pursuant to Section 28.87.360 or Section 30.205.140 of this code to revoke the permit, license, or approval.
4.
Criminal
Remedies. The City Attorney, at his or her discretion, may also issue
a criminal citation or complaint (infraction or misdemeanor) to any
person for a Code violation when the applicable fine has not been
paid.
B.
Violations
constitute a public nuisance. The Director may pursue the remedies
described in this section whether or not the City is pursuing any
other action to terminate an ongoing Code violation that was the basis
for an administrative fine or to otherwise abate the violation or
sanction the property owner. To compel Code compliance, the City may
also seek to collect assessed fines by means of a nuisance abatement
lien or special assessment against the property where a property related
violation occurred in accordance with the procedures in Government
Code Sections 38773.1 and 38773.5.
C.
Lien
conditions. To recover any delinquent administrative fines as a lien
or special assessment on real property, the following conditions must
be met:
1.
The
Director must submit to and receive approval from the City Council
for a resolution certifying the amounts of the liens and special assessments
sought to be collected from each property owner; and
2.
The
total amount of the delinquent fine against the property owner must
be delinquent for 60 days or more.
D.
Lien
collections. The Director is authorized to take any steps necessary
to enforce collection of the lien or special assessment, including,
but not limited to, the following:
E.
Notice
of lien collection procedures. All Notices of Administrative Citation
shall contain a notice that unpaid fines are subject to the assessment
and lien collection procedures of this chapter. This notice shall
satisfy the notice requirements of Government Code Sections 38773.1
and 38773.5 when a Notice of Administrative Citation is served on
the person. In addition, the Director shall by first class mail send
notice to each property owner at least 10 days before the City Council
considers the resolution to certify the amounts of the liens and special
assessments stating the date, time, and location of the meeting. The
lien or special assessment shall be imposed on the date the Notice
of Administrative Citation for the Code violation is issued to the
responsible person and shall become effective upon the recording of
a Notice of Lien or Special Assessment by the County Recorder.
F.
Contesting
certification of a lien. A person may contest the amount or the validity
of any lien or special assessment for a civil fine at the public hearing
when the City Council considers the resolution to certify the liens
or assessments. Such contests shall be limited to the issue of the
amount or validity of the lien or assessment and may not consider
whether the underlying Code violation occurred. Pursuit of such a
contest by a person is necessary to exhaust the administrative remedies
concerning a legal challenge to the validity of any such lien or special
assessment.
(Ord. 5113, 1999; Ord. 5798, 2017)
