A.
Any violation of this code may be redressed with an administrative
citation through the proceedings set forth under this chapter, even
if any other section of this code prescribes or permits a criminal,
civil, or administrative fine or method of enforcement or redress
different than that set forth in this chapter.
B.
It is the intent of this chapter that an administrative procedure
be established as provided under Government Code Section 53069.4 which
may be applied to any violation of this code.
C.
The proceedings set forth under this chapter shall not be exclusive
and may be in addition to any other available criminal, civil, or
administrative remedy established under this code or under applicable
state law or otherwise. This chapter shall be used at the sole discretion
of the city.
(Ord. 24-01, 2/6/2024)
means the City Manager of the City of Sand City or his or
her designee.
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.
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.
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.
means a natural person or legal entity, and the owners, majority
stockholders, corporate officers, trustees, and general partners of
a legal entity.
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)
A.
The responsible person must pay the fine to the city within 30 calendar
days from service of the citation. All fines assessed shall be payable
to the City of Sand City in accordance with the payment instructions
on the citation.
B.
Payment of a fine shall not excuse or discharge a failure to correct
continuing violations nor shall it bar further enforcement action
by the City.
(Ord. 24-01, 2/6/2024)
A.
Time to File an Appeal. Any recipient of an administrative citation
may contest that there was a violation of this code or that it continues
to exist, or that he or she is the responsible person, by completing
a "request for hearing" form and returning it to the City in accordance
with the instructions on the form within 15 calendar days from the
date the administrative citation is served or deemed to have been
served, together with an advanced deposit of the total fines due.
Such "request for hearing" forms shall be made available at no charge
at City Hall and/or by contacting the City Clerk. A failure to file
a timely "request for hearing" form shall be deemed a waiver of the
right to appeal the citation and to seek judicial review. The requirement
that the fine be deposited in advance may be waived if an advanced
deposit hardship waiver form has been filed and approved in accordance
with procedures adopted by the City Manager.
B.
Return of Deposit. Any administrative citation fine which has been
deposited shall be refunded, in whole or in part, to the extent 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.
Hearing Officer. The City Manager shall be authorized to assign a
hearing officer to any person or persons, qualified by training or
experience, whom the City Manager may appoint or who are retained
by contract to conduct such hearings. The hearing officer may, but
is not required to be, a City employee.
(Ord. 24-01, 2/6/2024)
A.
No hearing to contest an administrative citation before a hearing
officer shall be held unless and until a timely "request for hearing"
form has been completed and submitted and the fine has been deposited
in advance or waived as provided under this chapter.
B.
After receipt of the "request for hearing" and fine deposit, a hearing
before the hearing officer shall be set for a date that is not less
than 15 and not more than 45 calendar days from the date that such
request is filed in accordance with the provisions of this section.
The person requesting the hearing and the City may agree to a hearing
date that is either sooner or later than the time periods required
herein for a hearing. Unless advanced notice is otherwise waived by
the requesting party, the person requesting the hearing shall be notified
of the time and place set for the hearing at least 10 calendar days
prior to the date of the hearing. The failure of any recipient of
an administrative citation to appear at the scheduled hearing shall
constitute a forfeiture of the fine and be a bar to judicial review
of the hearing officer decision based upon a failure to exhaust administrative
remedies.
C.
The hearing officer shall only consider evidence that is relevant
to whether the violation occurred, and whether the responsible person
has caused or maintained the violation of this code on the date(s)
specified in the administrative citation. Such relevant evidence includes,
without limitation, staff reports or presentations, oral, physical,
and documentary evidence regarding the alleged violation(s), and proposed
method of abatement, if any.
D.
The hearing is intended to be informal in nature. Formal rules of
evidence and discovery do not apply. The City Manager may, from time
to time, adopt procedures for the format and proceedings of the administrative
hearing. The person contesting the administrative citation shall be
given the opportunity to testify and present witnesses and evidence
concerning the administrative citation. The City shall have the burden
of proof by preponderance of the evidence to establish that the responsible
person committed the violation specified in the administrative citation.
E.
Each witness, prior to providing oral testimony, shall be sworn by
the hearing officer or his or her designee. Each party shall have
the opportunity to cross-examine witnesses and present evidence in
support of the party's cause.
F.
The administrative citation and any additional document submitted
by the issuing officer/employee shall constitute prima facie evidence
of the respective facts contained in those documents. Formal rules
of evidence shall not apply.
G.
Upon request which provides reasonable advanced notice to the City,
the recipient of an administrative citation shall be provided with
copies of the citations, reports and other documents submitted or
relied upon by the issuing officer/employee when issuing the citation,
as well as any additional materials provided to the hearing officer
for the hearing.
H.
On the hearing officer's own discretion or upon request by any
party, the hearing officer may continue the hearing and request additional
information from any person or witness prior to issuing a written
decision. Notice of the continued hearing must be given to each party
and shall include the time, date, and place to which the hearing is
to be continued.
(Ord. 24-01, 2/6/2024)
A.
After considering all of the testimony and evidence submitted at
the hearing or continued hearing, the hearing officer shall issue
a written decision setting forth the findings supporting the decision
within 30 calendar days of the hearing. The written decision shall
include the reasons for the decision.
B.
If the hearing officer determines that the administrative citation
should be upheld as to a responsible party, then any fine amount on
deposit with the City shall be retained by the City. The hearing officer
shall impose and assess the prescribed fine against each responsible
party.
C.
In the event of a hardship waiver of the deposit requirement, the
order shall also state the date all payments are due and the fine
for any late payment for any amount ordered by the hearing officer
and that, if the violation continues, the responsible party may be
subject to additional fines, penalties, or administrative costs authorized
by law. The order shall also state that fines and penalties shall
also be collectible as set forth in this chapter.
D.
If the hearing officer determines that the administrative citation
should be canceled in whole or in part, then the City shall promptly
refund the corresponding amount of any deposited fine, without interest,
to that responsible party.
(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)
A.
The decision of the hearing officer shall be deemed the final administrative
order of the City.
B.
Any person who is aggrieved by the decision of the hearing officer
under this chapter may obtain judicial review of such decision by
filing an appeal to be heard in the Monterey County Superior Court
in accordance with California Government Code Section 53069.4. A copy
of the notice of appeal shall be served in person or by first class
mail upon the City Clerk. The right to appeal is limited to the terms
and conditions set out in California Government Code Section 53069.4.
If no appeal is filed with the Superior Court within 20 calendar days
after service, then the written decision is hereby deemed confirmed.
(Ord. 24-01, 2/6/2024)
