"City Manager"
means the City Manager of the City of Sand City or his or
her designee.
"Code"
means the City of Sand City Municipal Code, Building Code,
Zoning Code, and any Uniform Codes that have been incorporated into
this code by reference, as well as any other ordinance of the City.
"Enforcement officer"
means any Sand City employee, contractor, or agent of the
City authorized to enforce any provision of this code or this chapter.
This shall include the City Manager, and any person designated as
an enforcement officer by the City Manager.
"Fine" or "fines"
means any fines, fees, or penalties assessed or imposed by
the City or order of the hearing officer under this chapter, not including
administrative costs.
"Person"
means a natural person or legal entity, and the owners, majority
stockholders, corporate officers, trustees, and general partners of
a legal entity.
"Responsible person"
means a person or person's agent, employee, or independent
contractor who causes, permits, allows, maintains, contributes, conceals,
or aids or abets the property-related code violation, including a
property owner of record, property manager, tenant, subtenant, occupant,
or any person in possession of property where the code violation exists.
Each responsible party shall be jointly and severally liable for any
and all fines, fees, penalties, and administrative costs awarded,
upheld, assessed, or imposed under this chapter.
(Ord. 24-01, 2/6/2024)
The City Council may establish the amounts of fines for violations
of this code imposed pursuant to this chapter through a schedule of
fines established by resolution of the City Council. In the absence
of such resolution, and except as otherwise provided in this code,
the fines for administrative violations of this code shall be as follows:
A. A fine not exceeding $100 for a first violation.
B. A fine not exceeding $200 for a second violation of the same ordinance
within one year.
C. A fine not exceeding $500 for each additional violation of the same
ordinance within one year.
(Ord. 24-01, 2/6/2024)
Each administrative citation shall contain the following information:
A. Date, approximate time, and address or definite description of the
location of the violation(s).
B. The code sections or conditions violated and a description of the
violation(s).
C. The amount of the fine for the violation(s).
D. An explanation of how the fine shall be paid and the time period
by which it shall be paid.
E. Explanation of rights of appeal, including the time within which
such claimed violation may be contested and the procedure for requesting
a hearing to contest the violation.
F. The name and signature of the enforcement officer issuing the citation.
G. If the violation is one which is continuing, an order to correct
the violation and prohibiting the continuation or repeated occurrence
of the violation, including an explanation of the consequences for
failing to correct the violation as ordered. The explanation of the
consequences should state that a separate violation exists for each
and every calendar day any violation of any provision of this code
is committed, continued, or permitted.
(Ord. 24-01, 2/6/2024)
Service of any administrative citations and the notices of correction
shall be made as follows:
A. Personal Service. The enforcement officer shall attempt to locate
and personally serve the responsible person and obtain the signature
of the responsible person on the administrative citation. If the responsible
person served refuses or fails to sign the administrative citation,
the failure or refusal to sign shall not affect the validity of the
administrative citation or of subsequent proceedings.
B. Service of Citation by Mail. If the enforcement officer does not
succeed in personally serving the responsible person, the administrative
citation shall be mailed to the responsible person by certified mail,
postage prepaid with a requested return receipt. Simultaneously, the
citation shall be sent by first class mail. If the citation is sent
by certified mail and returned unsigned, then service shall be deemed
effective pursuant to first class mail, provided the citation sent
by first class mail is not returned. The location of the responsible
person outside of Monterey County shall be sufficient grounds for
service of citation by mail without first attempting personal service.
(Ord. 24-01, 2/6/2024)
Failure of any person to pay the fine assessed by an administrative citation within 30 calendar days or such other time limit set forth in the administrative citation, or by the time determined by the hearing officer as provided in Section
1.22.090, shall constitute a debt owed to the City and may be enforced as a personal obligation of the responsible party. Administrative fines shall accrue interest at the same annual rate as any civil judment in favor of the City, in accordance with
Code of Civil Procedure Section 685.010. Interest shall accrue commencing on the 20th calendar day after the fine becomes due. In the event a civil action is commenced to collect the administrative fines, the City shall be entitled to recover all costs associated with the collection of the fines, including, but not limited to, staff time and attorney fees incurred in the collection of the fines and those costs set forth in
Code of Civil Procedure Section 1033.5. The City may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the Enforcement of Judgments Law, California
Code of Civil Procedure Section 680.010 et seq. The remedies set forth in this section are not exclusive and the City may collect any past due amounts assessed or ordered by all available legal means.
(Ord. 24-01, 2/6/2024)