For the purposes of this chapter, the following words shall
have the meanings set forth below:
means any city employee or agent of the city designated with
the authority to enforce any provision of this code.
means the principal supervisor for any city department or
division charged with responsibility for enforcement of any provision
of this code.
(Ord. 1892 § 1, (2013))
In addition to all other civil remedies and as an alternative
to any criminal remedies, the city may pursue an administrative citation
or administrative compliance order pursuant to this chapter as authorized
pursuant to California Government Code Section 53069.4. Use of the
administrative citation and administrative compliance order shall
be at the sole discretion of the enforcement officers and enforcement
officials authorized to proceed under this chapter. Payment of an
administrative penalty under this chapter shall not bar enforcement
proceedings, including any alternative remedy, for any continuation
or repeated occurrence of any code violation.
(Ord. 1892 § 1, (2013))
The amounts of administrative penalties for code violations
shall be not less than $50 nor more than the maximum amount of the
penalty or penalties for criminal violations as set forth in the municipal
code. The schedule of administrative penalties shall be set by the
city manager and shall specify the amount of any late payment charges
and any increased penalties for repeat violations. Such schedule shall
be publicly available in the office of the city clerk and posted and/or
published in a manner consistent with other city-designated fines
and penalties.
(Ord. 1892 § § 1,
(2013))
The city manager shall designate a hearing officer for administrative
hearings who shall not be the citing enforcement officer. The employment,
performance evaluation, compensation and/or benefits of the hearing
officer shall not be directly or indirectly conditioned upon the amount
of administrative penalties or the rulings upheld, revised or otherwise
issued by the hearing officer. The hearing officer designated under
this section may be an employee of the city or an outside contractor,
as determined by the city manager in his or her discretion.
(Ord. 1892 § § 1,
(2013))
All citations, orders and notices required by this chapter may
be served either by personal delivery or certified mail, postage prepaid,
return receipt requested, addressed to a location reasonably calculated
to give notice to the alleged violator, and shall be deemed effective
on the date of personal delivery or when delivery is attempted. If
the certified mail receipt is returned unsigned, then service may
instead be effected by first class mail, postage prepaid, provided
that the notice sent by regular mail is not returned by the postal
service as undeliverable, and shall be deemed effective on the date
three days following deposit in the mail. Service may be effected
alternately or additionally by posting a copy of the order at a conspicuous
location on any real property that is the subject of the order.
(Ord. 1892 § § 1,
(2013))
(a)
Notice
and Time of Hearing. Written notice of hearing shall be served on
any person to whom the citation or compliance order was addressed
and shall contain the date, time and place at which the hearing shall
be conducted. The hearing shall be set for a date that is not less
than 15 days and not more than 60 days from the date of the notice
of hearing. The hearing officer may approve a continuance of the hearing
to any date for good cause.
(b)
Hearing
Procedure. Hearings held pursuant to this section shall be informal
and the rules of evidence shall not apply. However, at the hearing,
the alleged violator shall have the opportunity to testify, present
evidence, and to cross-examine witnesses concerning the administrative
citation or compliance order. The alleged violator may appear personally
or through an attorney. Prehearing discovery is not authorized. Subpoena
of witnesses and documents shall be permitted as authorized by law.
The hearing officer may conduct the hearing informally, both as to
rules of procedure and admission of evidence, in any manner which
will provide a fair hearing, and may continue the hearing to obtain
additional evidence. The administrative citation or administrative
compliance order and any additional report submitted by the enforcement
officer, shall constitute presumptive evidence of the respective facts
contained in those documents.
(c)
Failure
to Appear. The failure of any alleged violator to appear at the hearing
after proper notice or, in the alternative, to present written or
demonstrative evidence shall constitute an admission of the violation
by the alleged violator and an exhaustion of administrative remedies
that may bar judicial review.
(Ord. 1892 § § 1,
(2013))
(a)
Decision Process. After considering all the testimony and evidence submitted at the hearing, the hearing officer shall issue a written administrative order, including findings regarding the existence of each violation and the extent of compliance, the reasons for that decision and notice of the right to judicial review, within 30 days following completion of the hearing. The alleged violator shall be served with a copy of the administrative order within 10 calendar days following its issuance. Service of the administrative order shall be in a form consistent with that described in Section 1.14.050. The administrative order shall be final upon service on the violator, subject only to judicial review as allowed by law.
(b)
Penalty.
If the hearing officer determines that the alleged violator committed
the violation alleged by a preponderance of the evidence, the hearing
officer shall establish an administrative penalty and a date the penalty
and any administrative costs shall be due and payable. If the hearing
officer finds that the administrative citation should not be sustained
or that the amount of the administrative penalty should be reduced,
the city shall refund any appropriate amounts as designated in the
order paid pursuant to a previously imposed citation or penalty within
30 days of the order.
(c)
Administrative
Costs. The hearing officer may assess administrative costs against
the violator from the date on which compliance was ordered. These
administrative costs may include any and all costs incurred by the
city in connection with the matter before the hearing officer, including,
but not limited to, costs of inspection, investigation, staffing costs
incurred in preparation for the hearing and for the hearing itself,
and costs for all reinspections.
(d)
Jurisdiction.
After the administrative order becomes final, the hearing officer
shall maintain continuing jurisdiction until full compliance is achieved
and shall have the power to modify the administrative order, after
providing the person subject to the administrative order with notice
and an opportunity to be heard.
(e)
Exception.
The city attorney has independent jurisdiction to pursue alternate
remedies for the same violations notwithstanding the pendency of administrative
proceedings pursuant to this chapter.
(Ord. 1892 § § 1,
(2013))
The hearing officer may impose administrative penalties in an
amount not to exceed the maximum provided in the schedule of administrative
penalties in effect on the date of the violation. In determining the
amount of the administrative penalty, the hearing officer may consider
the duration of the violation, the frequency, recurrence and number
of violations, related or unrelated, by the same violator, the seriousness
of the violation, any good-faith compliance efforts, the economic
impact of the violation on the community and such other factors as
justice may require.
(Ord. 1892 § 1, (2013))
Any person subject to a decision of the hearing officer may
obtain judicial review of the decision in the superior court pursuant
to the provisions of California Government Code Section 53069.4.
(Ord. 1892 § § 1,
(2013))
(a)
Enforcement.
Failure to pay the assessed administrative penalties and/or administrative
costs specified in the administrative order may be enforced as a personal
obligation of the violator, and/or if the violation is in connection
with real property, a lien upon the real property, which shall remain
in effect until all of the administrative penalties, interest and
administrative costs are paid in full.
(b)
Late
Payment Charges. Late payment charges shall accrue and are payable
as specified in the schedule of administrative penalties.
(c)
Notification
of Tax Collector. The director of finance shall notify the county
tax collector of any administrative penalties and/or administrative
costs imposed in connection with real property that have not been
satisfied in full within 90 days after the administrative order becomes
final.
(Ord. 1892 § § 1,
(2013))
(a)
Procedure.
Whenever the amount of any administrative penalty and/or administrative
cost imposed pursuant to this chapter in connection with real property
has not been satisfied in full within 90 days after the administrative
order becomes final, this obligation may constitute a lien against
any real property which was involved in the violation. Interest shall
accrue on the principal amount remaining unsatisfied pursuant to law.
(1)
Prior to recording any such lien, the director of finance shall prepare
and file with the city clerk a report stating the amounts due and
owing. The city clerk shall fix a time, date and place for hearing
such report and any protests or objections thereto by the city council.
The director of finance shall cause written notice to be served on
each property owner whose interest is disclosed by the current county
equalized assessment roll not less than 10 days prior to the time
set for the hearing.
(2)
The lien shall be recorded with the county recorder. Once recorded,
the administrative order shall have the force and effect and priority
of a judgment lien governed by California Code of Civil Procedure
Section 697.340 and may be extended as provided in California Code
of Civil Procedure Sections 683.110 through 683.220, as these sections
may be amended.
(b)
Public
Hearing and Protests of Proposed Liens. Any person owning a legal
or equitable interest in real property proposed to be subject to a
lien pursuant to this section may file a written protest with the
city clerk and/or may protest orally at the city council hearing.
The grounds for protest or objection, and any evidence or testimony
submitted in support or in opposition to the imposition of a lien,
shall be confined to whether the amount of any administrative penalty
and/or administrative cost imposed was satisfied in full within the
time allowed by law and/or was successfully challenged by a timely
appeal or writ of mandate. At the close of the hearing, the city council
shall adopt a resolution confirming, discharging or modifying the
amount of the lien based upon evidence produced at the hearing.
(c)
Recording
of Lien. Thirty days following the adoption of a resolution by the
city council imposing a lien, the director of finance shall file the
same as a judgment lien in the office of the county recorder of San
Mateo County. The lien may carry such additional administrative charges
as set forth by resolution of the city council.
(d)
Satisfaction
of Lien. Once payment in full is received by the city for outstanding
penalties and costs, the director of finance shall either record a
notice of satisfaction or provide any property owner or financial
institution having a legal or equitable interest in the property with
a notice of satisfaction so they may record this notice with the office
of the county recorder. Such notice of satisfaction shall cancel the
city's lien.
(Ord. 1892 § § 1,
(2013))
(a)
Issuance.
An enforcement officer may issue an administrative citation to any
person responsible for a city code violation. However, prior to the
issuance of an administrative citation for a violation which pertains
to building, plumbing, electrical or similar structural or zoning
matters that do not create an immediate danger to health or safety,
the enforcement officer shall provide a reasonable period to correct
or otherwise remedy the violation of not less than 10 days.
(b)
Contents
of Administrative Citation. Each administrative citation shall contain
the following information: the date of the violation; the address
or description of the location of the violation; the section or sections
of this code violated and a description of the acts or omissions constituting
the violation; the amount of the penalty for the code violation; a
description of the penalty payment process, including a description
of the time within which and the place to which the penalty shall
be paid; a notice of right to a hearing, including the time within
which the administrative citation may be contested, and how to request
a hearing; and the name of the citing enforcement officer.
(c)
Request
for Administrative Citation Hearing. Any recipient of an administrative
citation may contest it before the hearing officer by requesting a
hearing in writing and submitting the request and an advance deposit
of the administrative penalty or a request for an advance deposit
hardship waiver within 30 calendar days from the date the administrative
citation is served.
(d)
Hardship
Waiver. Any person who requests a hearing to contest an administrative
citation may request in writing an advance deposit hardship waiver,
including the reasons for the request. The director of finance may
issue an advance deposit hardship waiver if he or she is satisfied
that the person is unable to deposit the full amount of the penalty
in advance of the hearing. The director shall issue a written determination
of whether to issue the advance deposit hardship waiver. The written
determination shall be final, subject only to judicial review as provided
by law. If the director determines not to issue an advance deposit
hardship waiver, the person shall remit the deposit to the city within
10 days of the date of that decision in order to secure the hearing.
(Ord. 1892 § § 1,
(2013))
(a)
Issuance.
An enforcement official may issue a written compliance order, providing
a reasonable time for correction of not less than 10 days, to any
person responsible for a municipal code violation.
(b)
Contents
of Administrative Compliance Order. A compliance order issued pursuant
to this chapter shall contain the following information: the date
and location of the violation; the section of this code violated and
a description of the violation; the action required to correct the
violation; the time period after which administrative penalties will
begin to accrue if compliance with the order has not been achieved;
and the amount of penalties that will begin to accrue.
(c)
Compliance
and Failure to Comply. If the enforcement official determines that
all violations have been corrected within the time specified in the
compliance order or within any amended orders, the enforcement official
shall so advise each party to whom the compliance order was addressed.
If full compliance is not achieved within the time specified in the
compliance order or within any amended orders, the enforcement official
shall schedule a hearing before the hearing officer.
(d)
Administrative
Order by Hearing Officer. If the hearing officer determines that a
violation occurred which was not corrected within the time period
specified in the compliance order, the hearing officer shall issue
an administrative order which imposes any or all of the following:
an order to correct code violations, including a schedule for correction,
if appropriate; administrative penalties; and administrative costs
as provided in this chapter.
(e)
Administrative
Penalties. The hearing officer may impose administrative penalties
for each day during which a violation occurs after compliance was
ordered. Administrative penalties assessed by the hearing officer
shall be due by the date specified in the administrative order.
(Ord. 1892 § § 1,
(2013))
