A. 
This chapter provides for administrative citations and penalties, as allowed by Government Code Section 53069.4, which are in addition to all other legal remedies, criminal or civil, which the city may pursue to address any violation of this code. Use of this chapter shall be at the sole discretion of the city, and shall not limit the discretion of the city to pursue any other remedies.
(Ord. 02-006 § 1 (part), 2002)
For the purposes of this chapter, “enforcement officer” shall mean any city employee or agent of the city with the authority to enforce any provision of this code.
(Ord. 02-006 § 1 (part), 2002)
A. 
Amount of fine—General. Any responsible person shall be subject to an administrative fine in the amounts set forth below. Responsible person shall mean any of the following:
1. 
A person who causes a code violation to occur;
2. 
A person who maintains or allows a code violation to continue, by his or her action or failure to act;
3. 
A person whose agent, employee, or independent contractor causes a code violation by its action or failure to act;
4. 
A person who is the owner of, lessee or sublessee with a current right of possession of real property where a property related code violation occurs;
5. 
A person who is the on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities at such premises;
6. 
A person who is the beneficiary under a deed of trust for the property where a property related violation exists and that person has not corrected the violation within thirty days after being notified by the director in writing of the violation and the fact that the trustee under the deed of trust is no longer living on the property and his or her whereabouts are unknown;
7. 
A person who has received a permit, license, or any type of land use approval (e.g., subdivision maps, conditional use permits, variances), who has failed to comply with all conditions imposed upon the issuance of the permit, license or other approval.
For purposes of this subdivision “person” means and includes a natural person or legal entity, and the owners, corporate officers, trustees, and general partners of a legal entity. There shall be a legal rebuttable presumption that the record owner of a parcel according to the latest equalized property tax assessment rolls and a lessee or sublessee of a parcel has notice of any code violation existing on the premises. For the purpose of this chapter, there may be more than one responsible person for a violation.
B. 
Amount of fine. For first-time violations of a particular chapter of this code, which are specifically declared to be infractions by such chapters, the administrative fine shall be one hundred dollars per violation for each and every calendar day that the violation is not abated following the deadlines set forth in the notice of violation. For a second violation of a particular chapter of this code within one year, the administrative fine shall be two hundred dollars per violation for each and every calendar day that the violation is not abated or reoccurs following the deadlines set forth in the notice of violation. For each additional violation of a particular chapter of this code within one year, the administrative fine shall be five hundred dollars per violation for each and every calendar day that the violation is not abated or reoccurs following the deadlines set forth in the notice of violation. The maximum amount of the administrative fine set forth above shall increase or decrease in accordance with future amendments to subdivision (b) of California Government Code Section 36900.
C. 
For violations of particular chapters of this code which are specifically declared to be misdemeanors, the administrative fine shall be not less than two hundred fifty dollars nor more than one thousand dollars for each and every calendar day that the violation is not abated or reoccurs following the deadlines set forth in the notice of violation.
D. 
For violations of this code which by their nature cannot be remedied or abated, including, but not limited to, unlawful discharges to the storm drain system in violation of Chapter 8.40, an administrative citation pursuant to Section 1.10.050 may immediately be issued without the necessity of a notice of violation first being served.
E. 
Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.
(Ord. 02-006 § 1 (part), 2002; Ord. 03-007 § 2 (part), 2003; Ord. 07-001 § 1, 2007)
A. 
Whenever an enforcement officer determines that a violation has occurred, the enforcement officer shall have the authority to issue a notice of violation to any person responsible for the violation. Service of the notice shall be made as set forth in Section 1.10.050.
B. 
Each notice of violation shall contain at least the following information:
1. 
The date of the violation;
2. 
The address or a definite description of the location where the violation occurred;
3. 
The section of this code violated and a description of the violation;
4. 
An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation following a specified date. When the violation concerns building, plumbing, electrical or other similar structural or zoning issues that do not create an immediate danger to health or safety and/or threat to the environment, the order shall provide for at least thirty days to correct or otherwise remedy the violation prior to imposition of the fine;
5. 
That, if the violation is not abated by the expiration of the specified time period, or recurs after the expiration of such time period, the owner will be subject to an administrative fine under this chapter for each and every day following expiration of the deadline that violations reoccur or that violations are not corrected, and the amount of such daily fine;
6. 
The name and signature of the citing enforcement officer.
(Ord. 02-006 § 1 (part), 2002; Ord. 07-001 § 2, 2007)
The notice of violation, administrative citation and any and all other notices required to be given by this chapter shall be served either by personal delivery to the person to be notified or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to such person at the person’s last known business or residence address as it appears in the public records or other records pertaining to the matter to which such notice is directed. Service shall be deemed complete at the time notice is personally served or deposited in the mail. The address of owners shown on the last equalized assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. Failure of any person to receive notice shall not affect the validity of any proceedings taken hereunder.
(Ord. 02-006 § 1 (part), 2002)
A. 
Upon expiration of the deadline set forth in the notice of violation, the enforcement officer shall inspect the premises and determine if the violation(s) has been corrected. An inspection warrant shall be obtained if necessary. If the violation(s) has not been corrected or has reoccurred, the enforcement officer shall serve upon the responsible parties an administrative citation imposing the fines set forth in this chapter.
B. 
The administrative citation shall contain:
1. 
The date(s) of reinspection or the date of violation;
2. 
The address or a definite description of the location where the violation occurred;
3. 
The section of this code violated and a description of the violation;
4. 
The amount of the fine for violations pursuant to Section 1.10.030(B), or the minimum and maximum amount of the fine for violations pursuant to Section 1.10.030(C);
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. 
A description of the administrative citation review process, including the time within which the administrative citation may be contested, and the place from which to obtain a request for hearing and/or an advance deposit waiver request form;
7. 
The date of the citation, and the name and signature of the citing enforcement officer.
C. 
An administrative citation may be immediately issued, without prior service of a notice of violation, for violations which by their nature cannot be remedied or abated, including but not limited to unlawful discharges to the storm drain system in violation of Chapter 8.40 of this code.
(Ord. 02-006 § 1 (part), 2002; Ord. 07-001 § 3, 2007)
A. 
Any recipient of an administrative citation may contest that there was a violation of this code or that he or she is the responsible party by completing a request for hearing form and returning it to the finance department within ten days from the date of service of the administrative citation, together with an advance deposit of the fine or a request for an advance deposit hardship waiver pursuant to Section 1.10.080 of this chapter. Where the fine is imposed pursuant to Section 1.10.030(C) of this chapter, only the minimum range of the fine is subject to the advance deposit requirement. Should a request for hearing not be filed in a timely fashion, the maximum fine shall be imposed and recovered pursuant to the procedures set forth in Section 1.10.150 of this code.
B. 
The person requesting the hearing shall be notified of the time and place set for the hearing at least seven days prior to the date of the hearing.
(Ord. 02-006 § 1 (part), 2002; Ord. 07-001 § 4, 2007)
A. 
Any person who intends to request a hearing to contest that there was a violation of the code or that he or she is the responsible party, and who is financially unable to make the advance deposit of the fine, may file a request for an advance deposit hardship waiver.
B. 
The request shall be filed with the finance director on an advance deposit hardship waiver application form, available from the finance department, within ten days after service of the administrative citation.
C. 
The requirement of depositing the full amount of the fine as described in Section 1.10.070 shall be stayed unless or until the director makes a determination not to issue the advance deposit hardship waiver.
D. 
The finance director may waive the requirement for advance deposit only if the cited party submits to the director a declaration under penalty of perjury, supported by documentary evidence, that shows to the director’s satisfaction that the person is financially unable to deposit the full amount of the fine in advance of the hearing.
E. 
If the finance director determines not to issue an advance deposit hardship waiver, the cited party shall remit the deposit to the city within seven days after the date of that decision or fourteen days after the date of the administrative citation, whichever is later.
F. 
The finance director shall list his/her reasons for granting or not granting an advance deposit hardship waiver in writing and serve it on the cited party. The director’s decision is final.
(Ord. 02-006 § 1 (part), 2002)
At any time before the hearing, if the enforcement officer determines that there was no violation as charged in the administrative citation or that the citation should be dismissed in the interest of justice, the enforcement officer may dismiss the administrative citation, cancel the hearing, and refund any administrative citation fine paid.
(Ord. 02-006 § 1 (part), 2002)
The city manager shall designate the hearing officer for the administrative citation hearing. Attempts shall be made to have the same hearing officer, who hears cases under Chapter 8.02 of this code, conduct the administrative fine hearing at the same time and place. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of the administrative citation fines upheld by the hearing officer.
(Ord. 02-006 § 1 (part), 2002)
No hearing to contest an administrative citation shall be held unless the fine has been deposited in advance, pursuant to Section 1.10.070, or an advance deposit hardship waiver has been issued pursuant to Section 1.10.080. Failure to pay the fine in advance or obtain the waiver, within the time periods set forth in this chapter, shall constitute a waiver of the right to a hearing and a failure to exhaust administrative remedies. Failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of any fine already paid, and a failure to exhaust administrative remedies.
(Ord. 02-006 § 1 (part), 2002)
A. 
A hearing before the hearing officer shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this chapter.
B. 
At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation. The hearing shall be conducted informally and the legal rules of evidence need not be followed.
C. 
The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. Any additional reports shall be served on the party who has requested the hearing in advance of the hearing. If such reports are not provided to such party until the hearing, the party shall be given a reasonable opportunity to review such documentation.
D. 
The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.
(Ord. 02-006 § 1 (part), 2002)
A. 
After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold, cancel or reduce the administrative citation and shall list the reasons for that decision. The hearing officer may establish the amount of the fine based on the facts and circumstances of the violation, including, but not limited to, the length of time the violation existed; the culpability of the owner and willfulness of the violation; the frequency, recurrence and number of violations, related or unrelated, by the same violator; the good faith attempts of the violator to come into compliance; the economic impact of the penalty on the violator; the amount of city staff time which was expended in investigating or addressing the violation, and the amount of administrative fines which have been imposed in similar situations; the extent of the violation and its effect on the public, the environment or neighboring properties; the credibility of the appellant or any witnesses; and any other information relevant to a determination of the fine. The decision of the hearing officer shall be final.
B. 
The recipient of the administrative citation shall be served with a copy of the hearing officer’s written decision. The decision shall contain a statement that the decision is final and that any responsible party may seek judicial review of the order imposing the penalty pursuant to Government Code Section 53069.4.
(Ord. 02-006 § 1 (part), 2002; Ord. 07-001 § 5, 2007)
Any person who fails to pay the city any fine imposed pursuant to the provisions of this chapter shall be liable for the payment of late payment charges in the amount of fifteen percent of the fine, plus interest accrued at a rate of one and one-half percent per month until paid. Interest and late charges shall accrue commencing the twentieth day after service of the hearing officer’s decision or order. If a hearing has not been requested, or an advance deposit waiver has not been granted, interest and late charges shall accrue commencing on the thirtieth day following issuance of the administrative citation.
(Ord. 02-006 § 1 (part), 2002)
The city may collect any past due administrative citation fines and/or late payment charges by use of all available legal means.
A. 
The amount of any unpaid final administrative fine, plus interest, plus any other costs as provided in the chapter, may be declared a lien on such real property as follows:
1. 
Notice shall be given to the owner before recordation of the lien, and shall be served in the same manner as a summons in the civil action pursuant to Code of Civil Procedure § 415.10 et seq.;
2. 
The lien shall attach when the city records it with the county recorder’s office. The lien shall specify the amount of the lien, the date(s) of the code violations, the date of the final decision, the street address, legal description, and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel; and
3. 
The lien shall be collected at the same time and in the same manner as city taxes are collected.
B. 
If the property upon which the violation occurred is not an owner-occupied residential dwelling unit, the fine may, at city’s option, be collected pursuant to the procedures set forth in Chapter 1.08 of this code, along with recovery of fees, costs and charges as provided for in Section 1.08.070 of this code. All proceedings under this chapter are intended to obtain abatement of public nuisances and to obtain compliance with those provisions of the city’s code which are declared to be public nuisances.
C. 
The city may withhold issuance of licenses, permits and other entitlements to a responsible party on any project, property, or application of any kind whenever an administrative penalty remains unpaid.
D. 
In the event a civil action is commenced to collect the administrative penalty, the city shall be entitled to recover all costs associated with the collection of the penalty. Costs include, without limitation, staff time incurred in the collection of the penalty and those costs set forth in Code of Civil Procedure § 1033.5.
E. 
The city may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the Enforcement of Judgment Law, California Code of Civil Procedure § 680.010 et seq.
(Ord. 02-006 § 1 (part), 2002; Ord. 07-001 § 6, 2007)
Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the superior court in Contra Costa county in accordance with the time lines and provisions set forth in California Government Code Section 53069.4.
(Ord. 02-006 § 1 (part), 2002)