The city council finds there is a need for an alternative method to enforce violations of the El Cajon Municipal Code. The city council further finds that an administrative citation program is an appropriate method of enforcing violations of the municipal code. The administrative citation remedy provided in this chapter is available in addition to any other remedy authorized by law.
(Ord. 4641 § 1, 2000)
Administrative Citation.
A written notice of violation of a provision of the El Cajon Municipal Code, which includes imposition of an administrative fine.
Code Enforcement Officer.
The fire chief, building official, and zoning compliance officer, or any other person authorized by the city manager to enforce the provisions of the El Cajon Municipal Code.
Hearing Officer.
The person designated by the city manager to conduct administrative hearings pursuant to the provisions of this chapter.
Responsible Party.
Property owner(s), and/or other persons responsible for a violation of the El Cajon Municipal Code.
(Ord. 4641 § 2, 2000)
All authorized personnel shall be vested with the authority to determine whether a violation of a provision of this code exists and to issue an administrative citation.
(Ord. 4641 § 3, 2000)
Prior to issuing an administrative citation, if a violation of a provision of this code does not create an imminent danger to health or safety, the owner(s) and/or other responsible party, shall be informed of the violation, and provided a reasonable amount of time to correct, or otherwise remedy said violation. The time period provided to remedy such violation shall not exceed thirty calendar days.
(Ord. 4641 § 4, 2000)
A. 
Whenever a code enforcement officer determines that a violation of a provision of the El Cajon Municipal Code has occurred, he or she shall have the authority to issue an administrative citation to each owner and/or any person responsible for the violation.
B. 
Each administrative citation shall contain the following information:
1. 
Date of the violation;
2. 
Address or a definite description of the location where the violation occurred;
3. 
The section of the code violated and a description of the violation;
4. 
The name of the owner(s) and/or person responsible for the violation;
5. 
The amount of fine for the code violation;
6. 
A description of the fine payment process, including a description of the time within which, and the place where the fine is to be paid;
7. 
An order requiring compliance with the municipal code;
8. 
A description of the administrative citation hearing process, including the time within which the administrative citation may be contested;
9. 
Name and signature of the code enforcement officer.
C. 
A separate administrative citation may be issued to each owner and/or party responsible for the violation, for each and every day, or portion thereof, during which a violation of any provision of this code is committed, maintained, continued, or permitted to exist.
(Ord. 4641 § 5, 2000)
A. 
Service of an administrative citation shall be by one of the following methods:
1. 
Personal service upon the owner or person responsible for the violation; or
2. 
Certified mail with return receipt requested; or
3. 
Posting the administrative citation in a conspicuous place on the property.
B. 
Service to each owner by certified mail shall be addressed to the address shown on the last available tax assessment roll, or as otherwise known. Service to each responsible party by certified mail, other than the owner, shall be addressed to such person at his last known business or residence address as the same appears in the public records, or as otherwise known.
C. 
The failure of any owner or other person responsible for the violation to receive a properly addressed citation shall not affect the validity of the citation.
(Ord. 4641 § 6, 2000)
Except as otherwise provided in Chapter 8.33 of this code, which shall apply to violations of that chapter, and except as otherwise provided in Chapter 17.243 of this code, which shall apply to violations of that chapter, the amount of administrative fine, which may be imposed for each separate violation of the same provision of the code, shall be established by resolution of the city council within the following limits:
A. 
For a first violation a fine not to exceed one hundred dollars per day, per violation;
B. 
For a second violation of the same code section within a twelve-month period, a fine not to exceed two hundred dollars per day, per violation; and
C. 
For a third violation of the same code section within a twelve-month period, a fine not to exceed five hundred dollars per day, per violation;
D. 
For a fourth violation of the same code section within a twelve-month period, a fine not to exceed one thousand dollars per day, per violation; and
E. 
For any additional violation of the same code section within a twelve-month period, a fine not to exceed two thousand five hundred dollars per day, per violation.
F. 
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. 5065 § 3, 2017)
A. 
The payment of the administrative citation fine may be made in person or by mailing said sum, within ten days of the date of service of the citation, to the city of El Cajon (Attention: Finance Dept.), 200 East Main Street, El Cajon, CA, 92020.
B. 
Any administrative citation fine paid pursuant to Subsection "A" shall be refunded if it is determined after a 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 the continuation or repeated occurrence of the code violation that has been charged in the administrative citation.
(Ord. 4641 § 8, 2000)
A. 
A person who has received an administrative citation and requests an administrative hearing, may request a deferral of the fine deposit required in Section 1.14.100, if he or she is financially unable to make the advance deposit.
B. 
Request for deferral of an administrative citation fine deposit based upon financial hardship shall be made on the form approved by the city manager.
C. 
The city manager shall determine whether deposit of the administrative fine amount shall be deferred due to financial hardship.
D. 
If a deferral of the deposit is granted and the hearing officer subsequently upholds the administrative citation, the recipient(s) of the citation shall be required to pay the amount of the fine within ten days of the date the written decision of the hearing officer is mailed.
(Ord. 4641 § 9, 2000)
A. 
Any person receiving an administrative citation may contest that there was a violation of the code, or that he or she is the person responsible for the violation, by submitting a written request for a hearing. Such a request must be submitted within ten calendar days from the date the administrative citation is served and must be accompanied by the full amount of the fine (except as provided in Section 1.14.090).
B. 
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.
C. 
If the code enforcement officer submits an additional written report with respect to the administrative citation to the hearing officer for consideration at the hearing, then a copy of the report shall also be served on the person requesting the hearing at least five days prior to the date of the hearing.
(Ord. 4641 § 10, 2000)
A. 
No hearing to contest an administrative citation before a hearing officer shall be held unless the fine has been deposited in advance in accordance with Section 1.14.100, or deferred pursuant to Section 1.14.090.
B. 
A hearing before the hearing officer shall be set for a date that is not less than ten calendar days and not more than thirty calendar days from the date that the request is filed in accordance with the provisions of this chapter.
C. 
The hearing officer may consolidate administrative citations issued for violations of the same code section to the same owner or responsible party.
D. 
At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and present evidence concerning the administrative citation.
E. 
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.
F. 
The administrative citation and any additional report submitted by the code enforcement officer shall constitute prima facie evidence of the respective facts stated therein.
G. 
The hearing officer may continue the hearing and request additional information from the code enforcement officer or the recipient of the administrative citation prior to issuing a written decision.
(Ord. 4641 § 11, 2000)
A. 
After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to either uphold, modify, or cancel the administrative citation(s) and shall list the reasons for that decision in the decision. The decision of the hearing officer shall be final.
B. 
If the hearing officer determines that the administrative citation should be upheld, the city shall retain the fine amount on deposit with the city.
C. 
If the hearing officer determined 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.
D. 
The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision.
E. 
The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the number of administrative citation fines upheld by the hearing officer.
(Ord. 4641 § 12, 2000)
Administrative citation fines which are not paid within ten days of the date the citation is served, or, where an administrative hearing is held, within ten days of the date the hearing officer mails the written decision upholding the citation, shall be subject to late payment penalties and administrative fees charged to cover the costs incurred by the city in enforcing the provisions of the chapter. The city may collect any past due administrative citation fine, late penalty, or administrative fee by use of all available legal means.
(Ord. 4641 § 13, 2000)
The administrative citation remedy provided in this chapter is in addition to any existing remedy authorized by law, and is not to be construed as superseding or limiting any other remedies, civil or criminal. The administrative remedy herein provided shall be cumulative and not exclusive.
(Ord. 4641 § 14, 2000)
Any person aggrieved by an administrative decision of a hearing officer with respect to an administrative citation may obtain judicial review by filing an appeal within twenty days after the mailing or personal delivery of the hearing officer's final decision. The procedure for appeal of the hearing officer's decision shall be as provided in California Government Code Section 53069.4.
(Ord. 4641 § 15, 2000)