This article provides for administrative citations, as authorized by California Government Code Section 53069.4, which are in addition to all other legal remedies, criminal or civil, that may be pursued by the city to address any violation of the San Bruno Municipal Code or state law. Application of the provisions of this article shall be at the sole discretion of the city.
The city manager is authorized to promulgate procedural rules and regulations governing the implementation of this article.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A. 
Whenever an enforcement officer charged with enforcement authority of this article determines that a violation of the San Bruno Municipal Code has occurred, the enforcement officer may issue an administrative citation to any person allowing, causing, committing, continuing, permitting or maintaining said violation.
B. 
When the violation pertains to building, plumbing, electrical or other similar structural or zoning issues that creates an immediate danger to health or safety, a citation may be issued forth-with. In the absence of an immediate danger, a citation for such a violation shall not be issued pursuant to this article unless the responsible person has first been provided with a reasonable period in which to complete the abatement or compliance actions, as required by California Government Code Section 53069.4(2) (Enactment of administrative fines and penalties).
C. 
When the violation pertains to building, plumbing, electrical or other similar structural, health and safety, or zoning requirements, and the violation exists a result of, or to facilitate, the illegal cultivation of cannabis, and which is not being lawfully undertaken pursuant to Section 11362.1 of the Health and Safety Code, a citation may be issued forthwith. A citation for such a violation shall not be issued pursuant to this article unless the responsible person has first been provided with a reasonable period in which to complete the abatement or compliance actions as required by California Government Code Section 53069.4 (Enactment of administrative fines and penalties), when all of the following are true:
1. 
A tenant is in possession of the property that is the subject of the administrative action.
2. 
The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis, and that such prohibition is consistent with state law or local ordinance.
3. 
The rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information cause the rental property owner or agent to have actual notice of the illegal cannabis cultivation.
D. 
Each administrative citation shall contain the following information:
1. 
The date of violation;
2. 
The address or a definite description of the location where the violation occurred;
3. 
The provision(s) of the San Bruno Municipal Code or other applicable law violated and a description of the violation;
4. 
The amount of the fine for the violation and late charge if the fine is not paid in a timely manner;
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. 
The action(s) required to correct the violation(s), and, if applicable, any deadlines or time limitations for commencing and completing such action(s);
7. 
A description of the administrative citation review process, including the time within which the administrative citation may be appealed and the place from which a form to appeal the administrative citation may be obtained;
8. 
A disclosure that if a violation stated in the citation is not fully abated or corrected (as defined in Section 5.08.225 of this chapter) within thirty days, the city may file a notice of substandard property with the San Mateo county recorder's office against the premises upon which the violation exists;
9. 
The name and signature of the enforcement officer, and the signature of the responsible person, if that person is physically present and will sign the citation at the time of its issuance. The refusal of a person to sign a citation shall not affect its validity or any related subsequent proceeding, nor shall signing a citation constitute an admission that a citee has committed a violation.
(Ord. 1665 § 2, 2002; Ord. 1716 § 1, 2006; Ord. 1881 § 3, 2020)
A. 
An enforcement officer issuing an administrative citation to a responsible person, on a form approved by the city attorney, shall do so in the following manner:
1. 
Personal Service of an Administrative Citation Upon an Individual. If the citee is an entity, the enforcement officer may personally serve an employee, principal, partner, director, officer or representative on behalf of said entity. The date of personal service shall constitute the issuance date of a citation.
2. 
Service of Citation by Mail. If the responsible person cannot be personally served in the city, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid, return receipt requested. Simultaneously, a copy of the citation shall be sent by first class mail. The issuing officer shall utilize public records to determine a mailing address for the citee. The date of mailing shall constitute the issuance date of a citation.
3. 
Service of Citation by Posting. If service cannot be accomplished personally or by mail, the enforcement officer shall post the administrative citation on any real property in the city in which the responsible party is known to have a legal interest and possession of said property or portion thereof. The date of posting shall constitute the issuance date of a citation.
B. 
The failure of a responsible person to receive a citation shall not invalidate any fine, late charge, action or proceeding if service was given in a manner stated in this article.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A. 
The amounts of the fines imposed pursuant to this article shall be set forth in a schedule of fines established by resolution of the city council. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in subdivision (b) of Section 25132 and subdivision (b) of Section 36900 of the California Government Code.
B. 
Except with regard to violations that would otherwise be an infraction, fines shall be increased, in a manner established by the city council, for subsequent repeat violations of the same or similar provisions of the San Bruno Municipal Code by the same responsible person within a thirty-six-month period.
C. 
In the absence of a timely appeal as set forth in this article, a late payment charge shall be imposed for an unpaid fine after its due date.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A. 
The fine shall be paid to the city within fifteen calendar days from the date of issuance of an administrative citation. Fine payments shall be mailed or tendered to the city clerk of San Bruno. The failure of the city clerk to receive payment of a fine by the due date shall result in the imposition of a late charge as stated in Section 5.08.090 of this article.
B. 
Payment of an administrative fine under this article shall not excuse or discharge any responsibility and legal consequences for continuation or repeated occurrence(s) of the violation that is the subject of an administrative citation.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A. 
Any recipient of an administrative citation may contest the violation(s) or that he or she is a responsible person by filing an appeal on a city approved form with the city clerk within fifteen calendar days from the date of issuance of the administrative citation. If the city clerk does not receive the appeal in the required period, the responsible person shall have waived the right to an appeal hearing and the citation shall be deemed final.
B. 
No fee shall be charged for the filing of an appeal.
C. 
Appeals shall be accompanied by the fine stated in the citation. The failure to deposit a fine shall render an appeal incomplete and untimely unless payment is received in the appeal period. Fines that are deposited with the city while a citation is contested shall not accrue interest.
D. 
An appeal shall contain the following:
1. 
The citation number;
2. 
The names, addresses telephone and facsimile numbers (if any) of the person contesting the citation;
3. 
A statement of the reasons why a citation is being contested;
4. 
The date and signature of a contesting person.
E. 
The person filing the appeal shall be notified in writing by certified and first class mail of the date, time and place set for the hearing at least ten calendar days prior to the date of the hearing. Service of this notice is deemed complete at time of mailing. The failure of a person to receive a properly addressed notice shall not invalidate the citation or any proceeding conducted pursuant to this article.
F. 
If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served by certified and first class mail on the person filing the appeal no less than three calendar days prior to the date of the hearing. Failure to receive said report shall not invalidate the citation or any proceeding conducted pursuant to this article.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A. 
The city manager shall appoint or designate a hearing officer to conduct appeal hearings pursuant to this article and to render decisions.
B. 
Administrative hearings are informal and rules of evidence and discovery do not apply. The city bears the burden of proof to establish a violation and responsibility therefor by a preponderance of evidence. The citation is prima facie evidence of the violation and the enforcement officer who issued the citation is not required to attend or participate at the hearing. The citee, and the enforcement officer, if present, shall have an opportunity to present evidence and to cross-examine witnesses. The citee may bring an interpreter to the hearing at his or her sole expense. The hearing officer may question any person who presents evidence or who testifies at any appeal hearing.
C. 
The citee may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the city clerk at least three calendar days prior to the hearing. If the responsible person fails to attend the scheduled hearing or does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to an administrative hearing. In such an instance, the hearing officer shall render a final decision based on the citation and documents and reports that have been provided by the enforcement officer who issued the citation.
D. 
Hearings may be continued once at the request of the citee or the enforcement officer who issued the citation. The hearing officer may also continue the hearing for cause.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A. 
After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall state the reasons therefor in the decision. If the citation is upheld and the violation has not been fully corrected as of the date of the hearing, the hearing officer shall order correction thereof in the decision and state deadline(s) to complete said action(s). The decision of the hearing officer shall be final.
B. 
Decisions of the hearing officer shall contain a notice of the right to appeal in writing therefrom to the municipal court for the city's judicial district, or with the superior court, if there is no municipal court. A written appeal must be filed with the clerk of the court within twenty calendar days from service of the decision. If a timely appeal is not made, the decision of the hearing officer shall be deemed confirmed.
C. 
The recipient of the administrative citation shall be served by certified and by first class mail with a copy of the hearing officer's written decision and notice of the right to appeal therefrom. The failure of a person to receive a properly addressed decision or notice shall not invalidate any action or proceeding by the city pursuant to this article.
D. 
If the citation is cancelled, the city shall, within thirty calendar days of the date of a hearing officer's decision, refund the deposit of a fine to the responsible person.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
Any person who fails to pay an administrative fine in a timely manner shall also be liable to the city for the payment of a late charge as established by resolution of the city council.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
The city may collect any past-due administrative citation fine or late charge in any manner provided by law. The city also may recover its collection costs as allowed by law.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)
A. 
Any person seeking judicial review of a hearing officer's decision may file an appeal with the municipal court for the city's judicial district, or with the Superior Court, if there is no municipal court. A written appeal must be filed with the clerk of the court within twenty calendar days from service of the hearing officer's decision. The court is the sole reviewing authority and an appeal from a hearing officer's decision is not appealable to the city council.
B. 
Any person seeking judicial review of a hearing officer's decision shall pay a filing fee of twenty-five dollars to the clerk of the court, or such other amount as the court may require.
C. 
A person filing an appeal with the court shall also serve a copy thereof on the San Bruno city clerk personally or by first-class mail, postage prepaid.
D. 
If a citee prevails on appeal, the city shall reimburse his or her filing fee, as well as refund the fine deposit in accordance with a court judgment. These moneys shall be tendered to the citee within thirty calendar days of the city's receipt of a notice of judgment from the court clerk.
(Ord. 1665 § 2, 2002; Ord. 1881 § 3, 2020)