This chapter is adopted pursuant to the city's police powers and Government Code Section 53069.4 for the purpose of making any violation of the Half Moon Bay Municipal Code subject to an administrative fine and to set forth procedures for the imposition and collection of such fines. The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedy established by law, which may be pursued to address violations of the municipal code or applicable state codes.
(Ord. C-2-12 § 4(part), 2012)
A. 
Any violation is subject to citation under this chapter.
B. 
Each and every day a violation exists constitutes a separate and distinct offense for which an administrative citation may issue.
(Ord. C-2-12 § 4(part), 2012)
A. 
Issuing Compliance Orders. Before issuing an administrative citation for any violation of building, plumbing, electrical, mechanical, or similar structural or zoning regulations set forth in this code or incorporated by reference, or any violation of Title 14 or 17, the enforcement officer must first issue a written compliance order to the responsible party unless the violation constitutes an immediate threat to public health or safety. The compliance order must contain all of the following:
1. 
The date on which, and geographic location where, the violation was observed;
2. 
The section number of this code violated;
3. 
A description of the conditions causing the code violation;
4. 
Actions required to correct the violation;
5. 
A reasonable time period for the correction of the violation; and
6. 
Notice that if the violation is not corrected by the date specified in the compliance order, that an administrative citation may be issued and administrative fines imposed for failure to correct violations by the date specified.
B. 
Correction of Violation. No further action is required if the enforcement officer determines that all violations in the compliance order were cured. If the enforcement officer determines that all violations were not corrected within the time specified, an administrative citation may be issued to each person named in the compliance order as a responsible party.
(Ord. C-2-12 § 4(part), 2012)
An enforcement officer may issue an administrative citation in a form approved by the city manager for any violation by either personal service or by mail as described in subsection A or B of this section. If after reasonable efforts the enforcement officer is unable to serve the citation by such methods, then the enforcement officer may serve the citation by posting the citation as described in subsection C of this section. If after reasonable efforts the enforcement officer is unable to serve the citation by personal service, mail, or posting as described below, then the enforcement officer may serve the citation by publication as set forth in subsection D of this section:
A. 
Personal Service. In any case where an administrative citation is issued by personal service:
1. 
The enforcement officer must personally serve the responsible party and ask the responsible party to sign the administrative citation. The signature of a responsible party acknowledging receipt of an administrative citation cannot be construed as an admission of responsibility.
2. 
If the person served with the administrative citation refuses or fails to sign the administrative citation, the failure or refusal to sign does not affect the validity of the administrative citation or of subsequent proceeding, and service is complete if the enforcement officer attempted to provide a copy of the citation to the responsible party and obtain the signature of the responsible party.
3. 
Service under this subsection is effective at the time the notice is personally served.
B. 
Service of Citation by Mail. In any case where an administrative citation is served by mail, the administrative citation must be mailed to the responsible party by certified mail, postage prepaid with a requested return receipt, and by first class mail. Service of the administrative citation is deemed effective upon return. If the administrative citation is returned unsigned, then service is deemed effective pursuant to first class mail ten days after the citation is placed in the mail with first class postage, provided the citation sent by first class mail is not returned.
C. 
Service of Citation by Posting. If the enforcement officer is unable to serve the administrative citation by personal service, or by certified or first class mail, a copy of the citation may be posted on any real property within the city in which the enforcement officer has reasonable belief that the responsible party may be found or in which the responsible party has a legal interest. Service under this subsection is deemed effective twenty-four hours after the notice is posted.
D. 
Service of Citation by Publication. If the enforcement officer cannot serve the administrative citation by personal service, or by certified or first class mail, or by posting, the citation may be published in a newspaper likely to give actual notice to the party subject to the citation. The publication must be once a week for four successive weeks in a newspaper published at least once per week. Service under this subsection is deemed effective twenty-four hours after the fourth weekly publication of the notice.
(Ord. C-2-12 § 4(part), 2012)
A. 
All administrative citations must contain the following information:
1. 
The date the administrative citation is issued;
2. 
The code section(s) violated and a brief description of the conditions resulting in the violation(s);
3. 
The date, approximate time, and address or description of the location where the violation(s) occurred;
4. 
The amount of fine imposed for the violation;
5. 
The manner by which the administrative citation may be paid, including location where payments may be tendered and the due date for paying the fine;
6. 
A description of the penalties for failure to pay the fine;
7. 
A brief description of the administrative citation review process, including the time within which the administrative citation may be contested and the manner in which a request for review of the citation may be requested;
8. 
To the extent reasonably practical, the full legal name of the responsible party, the responsible party's current residential address and mailing address, the responsible party's telephone number and the responsible party's signature;
9. 
An order prohibiting the continued or repeated occurrence of the violation described in the administrative citation; and
10. 
The name of the enforcement officer.
B. 
In addition to the information contained in subsection A of this section, an administrative citation may specify deadline within which to cure or correct the violation, and after which a second or subsequent citation will issue. Any administrative citation that includes a compliance deadline in accordance with this subsection shall specify:
1. 
A realistic deadline, as determined by the enforcement officer, within which to cure or correct the violation. The compliance deadline shall be based upon the standard of a reasonable person, acting with due diligence under the circumstances of the particular violation;
2. 
The amount of the administrative fine that will apply in the event of a second or subsequent citation; and
3. 
In the event of a third or subsequent citation within a one-year period, the date upon which daily administrative fines shall begin to accrue.
(Ord. C-2-12 § 4(part), 2012)
A. 
The penalties assessed for each administrative citation issued for the same violation, which is not a violation of building or safety provisions of this municipal code, shall not exceed the following amounts:
1. 
First citation, one hundred dollars;
2. 
Second citation within a one-year period, two hundred dollars;
3. 
Third or subsequent citation within a one-year period, five hundred dollars, plus daily penalties in the amount of one hundred dollars per day for each day during which the violation persists, commencing upon the effective date of service of the citation.
B. 
The penalties assessed for each administrative citation issued for the same violation, which is a violation of building or safety provisions of this municipal code, shall not exceed the following amounts:
1. 
First citation, one hundred dollars;
2. 
Second citation within a one-year period, five hundred dollars;
3. 
Third or subsequent violation within a one-year period, one thousand dollars, plus daily penalties in the amount of one hundred dollars per day for each day during which the violation persists, commencing upon the effective date of service of the citation.
C. 
Payment of the penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.
D. 
All penalties assessed shall be payable to the city finance department.
(Ord. C-2-12 § 4(part), 2012)
A. 
Payment of Administrative Penalties. An administrative penalty must be paid to the city within thirty days from the date of the administrative citation or, if a request for an initial administrative review is submitted and the review held, then within fifteen days after the date of the notice of the conclusion of that initial administrative review, whichever is later.
B. 
Delinquency Penalty. Any person who fails to pay to the city the amount of any fine imposed pursuant to the provisions of this section is liable for the payment of an additional delinquency penalty. The delinquency penalty is equal to one hundred percent of the amount due the city not to exceed one hundred dollars, or if a portion of the fine amount was timely paid, one hundred percent of the amount of the fine remaining unpaid to the city not to exceed one hundred dollars.
C. 
Interest. In addition to the late penalty provided by this section, delinquent penalties will accrue interest at the rate of one percent per month from the due date.
D. 
Remedies. The failure of any person to pay any penalty on or before the date that fine is due, according to the administrative citation, hearing officer's decision, or court order if timely challenged, may result in the city pursuing any and all legal and equitable remedies to collect the civil fines, including but not limited to those remedies set forth herein. In addition to the fine, the city will be entitled to recover its collection costs, including reasonable attorney's fees, according to proof.
(Ord. C-2-12 § 4(part), 2012; Ord. C-2013-04 § 7, 2013)
If an enforcement officer issues an administrative citation because the responsible party lacks a required permit, license or approval required by this code or an agreement with the city, and the fine is delinquent, the city will not issue the permit or license, until the delinquent fine, and any applicable penalties and interest, is paid.
(Ord. C-2-12 § 4(part), 2012)
A. 
Initial Administrative Review–Request. The responsible party may request an initial administrative review of the citation within fifteen days of its issuance by submitting a request to the city clerk. This request must be made in writing and set forth with particularity the reasons the responsible party believes a violation did not occur or that the responsible party was not responsible for the violation(s); must include a copy of the citation; and contain the address to which the conclusions of the city's review should be mailed. A request for an initial administrative review is a mandatory prerequisite to a request for an administrative hearing.
B. 
Initial Administrative Review–Procedure. The city clerk will forward the initial administrative review request to the direct supervisor of the enforcement officer who issued the administrative citation for review or, if the citation was issued by a department director, to the city manager (the "reviewing officer").
C. 
Initial Administrative Review–Decision.
1. 
Within fifteen days upon receiving the request, the reviewing officer will review the request and provide the city clerk with written notification that:
a. 
The citation should be vacated because there was no violation, or the responsible party was not responsible for the violation, and setting forth the basis for that conclusion; or
b. 
There is no justification found for vacating the citation.
2. 
The city clerk will mail a copy of the decision to the responsible party at the address on the request for initial administrative review along with a notice establishing the fine due date and the procedure for requesting an administrative hearing.
D. 
Request for Hearing. If the responsible party wishes to contest the conclusion of the initial administrative review, the responsible party must request an administrative hearing within fifteen days after the date the city served the responsible party with notice of the initial administrative review decision. Requests must be submitted to the city clerk and be accompanied by an advance deposit of the fine or request a hardship waiver.
E. 
Hardship Waiver. Responsible parties financially unable to make an advance deposit of the administrative fine may file for a hardship waiver. The request must be filed with the city clerk.
1. 
The city clerk will review the request and determine whether a waiver is justified. A waiver may only be approved if the request for waiver is accompanied by an affidavit signed under penalty of perjury, together with any supporting documents or materials demonstrating the responsible party's actual financial inability to deposit the full amount of the fine.
2. 
The city clerk will inform the responsible party in writing within fifteen days regarding whether the waiver was approved. The determination must be served upon the responsible party by mail at the address provided in the waiver application. The city clerk's determination is final.
3. 
Should the city clerk determine that a waiver is unjustified, the responsible party must deposit the fine amount with the city not later than fifteen days after the date of that decision. Failure to make a deposit within fifteen days after waiver denial is deemed a waiver of the responsible party's right to an administrative hearing and the administrative fine will be deemed delinquent.
F. 
Notification of Hearing. Upon receipt of the payment of the administrative fine and request for a hearing, the city shall give notice to the responsible party of the time, date, and location of the hearing. The hearing shall be held not less than fifteen days nor more than sixty days after the receipt of the request. Any documentation, other than the administrative citation, that the enforcement officer has submitted or will submit to the hearing officer shall be sent to the responsible party by regular first class mail at least five days before the date on which the hearing is scheduled. The documentation shall be made available upon request at the time of the hearing.
G. 
Selection of Hearing Officer. The city manager may designate the hearing officer for the administrative citation hearing by appointment or contract.
H. 
Evidentiary Rules. The city bears the burden of proving a violation of the code by a preponderance of the evidence. The administrative citation and any additional reports submitted by the enforcement officer constitute prima facie evidence of the respective facts contained in those documents. Both the responsible party and the enforcement officer have the opportunity to testify, cross-examine witnesses and present additional evidence concerning the administrative citation. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. Formal rules of evidence do not apply, but all evidence presented must be relevant and material to the issues of whether the violation alleged in the citation occurred or whether the responsible party was responsible for the violation.
I. 
Waiver of Personal Appearance at Hearing. In lieu of personally appearing at an administrative hearing, the responsible party may request that the hearing officer decide the matter based upon the citation itself and written argument and any documentary evidence signed under penalty of perjury submitted prior to the time of the scheduled hearing by the responsible party.
J. 
Failure to Appear at Hearing. Failure of a responsible party to appear at the hearing is deemed a waiver of the right to be personally present at the hearing. The hearing officer must then decide the matter based upon the citation itself, any documentary evidence previously submitted, and any additional evidence that may be presented at the hearing by the enforcement officer.
K. 
Attendance of Enforcement Officer. The enforcement officer who issued the administrative citation may, but is not required to, attend the administrative hearing. If the enforcement officer does not attend, the enforcement officer may before the hearing date submit reports, photos, or other documentation regarding the violation to the hearing officer for consideration at the hearing.
L. 
Continuation of Hearings. The hearing officer may continue any hearing and request additional information from the enforcement officer or responsible party before issuing a written decision.
M. 
Decision of Hearing Officer. Based upon the evidence presented, the hearing officer shall provide a written decision to the parties within fifteen days of the hearing with one of the following determinations:
1. 
Determine that the violation for which the citation was issued occurred, and impose a fine in the amount set forth in the fine and penalty schedule, and if the violation has not been corrected as of the date of the hearing, order correction or abatement of the violation. In this event, the city can retain the fine deposited by the responsible person.
2. 
Determine that the violation for which the citation was issued occurred, but that the responsible party has introduced credible evidence of mitigating circumstances warranting imposition of a lesser fine than that prescribed in the fine and penalty schedule, or no fine at all, and impose such lesser fine, if any; and if the violation has not been corrected as of the date of the hearing, order correction or abatement of the violation. In this event, the city can retain all or a portion of the fine deposited by the responsible person as applicable.
3. 
Determine that the violation for which the citation was issued did not occur or that the condition did not constitute a violation of this code, or that the person cited was not the responsible party. In this event, the city shall refund the deposit, if any, within fifteen days of the decision. A finding by the hearing officer that no violation occurred constitutes a dismissal of the administrative citation at issue, but does not have any effect on any other administrative citations issued or any other action taken by the city.
4. 
The administrative hearing officer's decision must explain the basis for the decision and be served upon the responsible party by first class mail to the address stated on the request for hearing form. If applicable, the order must set forth the date by which compliance must be achieved and the imposed fine paid to the city. The order is final on the date of mailing, which is deemed the "date of service," and must notify the responsible person of the right to appeal to the superior court, as further described in Section 4.16.110. There is no right to an appeal other than as provided in Section 4.16.110. Should the hearing officer uphold the administrative citation and a hardship waiver was previously granted, the due date for paying the administrative fine will be thirty days from the date of the notice of the hearing officer's decision.
(Ord. C-2-12 § 4(part), 2012)
If an administrative order is rendered in favor of the city, the responsible party may seek judicial review of the administrative order in the San Mateo County superior court, by filing an appeal of the administrative order pursuant to, and paying the fee required by, Government Code Section 53069.4 within twenty days after service of the administrative order. Pursuant to Government Code Section 53069.4, the appealing party must serve a copy of the notice of appeal in person or by first class mail upon the city clerk. If no notice of appeal is filed within the twenty-day period, the decision is final.
(Ord. C-2-12 § 4(part), 2012)
A. 
Recovery of Administrative Citation Fines and Costs. In addition to any other legal remedy, the city may place a lien on property owned by the responsible party in an amount equal to the sum of the fines delinquent for more than ninety days, plus penalties and interest. Imposition of a lien must stem from a citation for the condition or use of real property, or its improvements, that is owned by the responsible party.
B. 
Lien Procedure.
1. 
The enforcement officer may initiate proceedings to record a lien conforming with this code if the decision is not appealed.
2. 
Before recording the lien, the enforcement officer must submit a report to the city manager, or designee, stating the amount due and owing.
3. 
The enforcement officer must then contact the city clerk and arrange a time, date, and place for the city council to consider the report and any protests or objections to it.
4. 
The enforcement officer must serve the responsible party with a hearing notice not less than ten days before the hearing date. The notice must set forth the amount of the delinquent administrative fine, and any penalties and interest that are due. Notice must be delivered first class mail, postage prepaid, addressed to each responsible party's address as it appears on the last equalized assessment roll or supplemental roll of the county of San Mateo, whichever is more current. Service by mail is effective on the date of mailing and failure of responsible party to actually receive notice does not affect its validity.
5. 
At the conclusion of the hearing, the city council will adopt a resolution confirming, discharging, or modifying the lien amount.
C. 
Recording a Lien. Within thirty days following the city council's adoption of a resolution imposing a lien, the city manager, or designee, will file same as a judgment lien in the San Mateo County recorder's office. Before recordation of the lien, the city must give notice to the owner of record of the subject parcel in the manner required by Government Code Section 38773.1(b).
D. 
Administrative Fee. Each responsible party against whose property an assessment is levied pursuant to this chapter will also be assessed an administrative fee in an amount established by city council resolution based on the costs incurred in levying the assessment. The administrative fee will be included in the lien amount approved by the city council and recorded against the responsible party's property.
E. 
Satisfaction of Lien. Once the city receives full payment for outstanding principal, penalties, and costs, enforcement officer will either record a notice of satisfaction or provide the responsible party with a notice of satisfaction for recordation at the San Mateo County recorder's office. This notice of satisfaction will cancel the city's lien.
(Ord. C-2-12 § 4(part), 2012)