City enforcement issues have become increasingly varied and complex. Alternative enforcement processes have been adopted by other public agencies as a means to address budget difficulties and resource shortages, and to streamline operations. Alternative enforcement processes minimize time delays that can result from increasingly crowded criminal and civil court dockets.
This chapter sets forth a variety of enforcement options to effectively and timely address code and ordinance enforcement matters in order to preserve and protect the quality of life in the neighborhoods and business communities of the City of Carmel-by­the-Sea. This chapter allows traditional criminal prosecution, civil action, and nuisance abatement as enforcement. This chapter further establishes several administrative enforcement procedures.
(Ord. 2018-02, 2018)
Administrative citations generally address municipal code and ordinance violations that the City, in its sole discretion, deems to be minor or transient in nature. The City adopts the administration citation enforcement process set forth in CMC § 18.04.040 through 18.04.140, inclusive, which provides for de novo review of administrative citations in court if a person wishes to challenge an administrative decision upholding an administrative citation. For example, and not by exclusion, administrative citations may be used to enforce provisions regulating signs, yard waste, false alarms, noise issues, vehicle parking, minor, or nonrecurring violations of CMC Title 15, Buildings and Construction, CMC Title 17, Zoning, or similar matters.
For purposes of enforcement an officer issues an administrative citation that lists the violation and the administrative fine amount, and describes the procedures to be followed in order to pay the fine or, in the alternative, to request a hearing to contest the citation. The administrative citation may be contested through an administrative hearing process.
The fine must be deposited in advance of the administrative hearing. However, a procedure to waive the deposit is allowed for hardship. In the event the amount of the fine is not set forth in this code, the amount of the administrative citation fine shall be set by resolution. Penalties and interest shall be added for late payment of administrative fines.
The administrative citation process is set forth beginning with this section.
(Ord. 2018-02, 2018)
Administrative compliance orders generally address municipal code and ordinance violations that the City, in its sole discretion, deems not suitable for the administrative citation process contemplated by CMC § 18.04.020. For example, and not by exclusion, administrative compliance orders may be used for serious, continuing, or recurring violations of CMC Title 15, Buildings and Construction, CMC Title 17, Zoning, or similar matters.
An administrative compliance order is issued to a responsible party by a City enforcement officer. The compliance order sets forth a description of the observed violation(s), a description of what the responsible party is required to do to bring the property into compliance, and the date by which compliance must be achieved. The compliance order provides notice as to administrative penalties that shall accrue if compliance with the order is not achieved by the date listed on the order. The administrative compliance order may be contested through an administrative hearing process. The decision may contain an order to correct any violations determined to exist, together with an order to pay administrative penalties and costs. The administrative compliance order process is set forth beginning at CMC § 18.04.150.
(Ord. 2018-02, 2018)
A. 
The administrative citation process provided for in this chapter shall be in addition to any other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this code or an ordinance of the City of Carmel-by-the-Sea.
B. 
The administrative citation process set forth in this chapter shall not apply to continuing violations of this code, or to an ordinance of the City that pertains to building, plumbing, electrical, or other similar structural or zoning issues.
(Ord. 2018-02, 2018)
For purposes of this chapter, the term "enforcement officer" shall mean and refer to any employee or agent of the City holding authority to enforce violations of this code or an ordinance. This shall include the City Attorney, the City Administrator, and any person designated as an enforcement officer by the City Administrator.
For purposes of this chapter "substantial evidence" shall mean that amount of evidence that causes the trier of fact to conclude that it is more likely than not that the violation has occurred (i.e., "preponderance of the evidence").
(Ord. 2018-02, 2018)
A. 
Whenever an enforcement officer determines that a violation of a provision has occurred, the enforcement officer shall be authorized to issue an administrative citation to any person responsible for the violation including those who hold themselves out as being in charge of the violating entity.
B. 
Each administrative citation shall contain the following information:
1. 
The date of the violation;
2. 
The address or a definite description of the location where the violation occurred;
3. 
Reference to the provision of this code or ordinance that was violated and a description of the circumstances pertaining to the violation;
4. 
The amount of the fine related to the violation determined in accord with this chapter;
5. 
A description of the fine payment process, including a statement of the time within which and the place to which the fine shall be paid;
6. 
An order prohibiting continuation or repeated occurrence of the violation described in the administrative citation;
7. 
A description of the administrative citation review process, including the time within which the citation may be contested and the place from which a request for hearing form to contest the citation may be obtained; and
8. 
The name and signature of the citing enforcement officer.
(Ord. 2018-02, 2018)
A. 
The fines for each municipal code or ordinance violation imposed pursuant to this chapter shall be set forth in the schedule of fines established by resolution of the City Council. In the absence of a designated fine, the default fine for each violation shall be $100.00 per day.
B. 
The schedule of fines shall specify an additional fine due for late payment of any fine if not paid in full on or before the date the payment of the fine is due.
C. 
The fine stated upon any duly issued administrative citation shall be paid to the City of Carmel-by-the-Sea within 21 days from the date of service of the administrative citation, and before any administrative hearing is set to be heard.
D. 
Any administrative citation fine paid pursuant to this section shall be refunded in accordance with CMC § 18.04.130(C) if 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.
E. 
Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the administrative citation. Such continuation or repeated occurrence of the violation may result in the subsequent filing of criminal misdemeanor charges.
F. 
Any person who fails to pay the City any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines. The City may collect any past due administrative citation fine or late payment charge by use of all available legal means including, but not limited to, the assertion and filing of a lien against real property.
G. 
Any failure to pay the City any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due shall be deemed a violation of this section, enforceable pursuant to the provisions of CMC § 18.04.220. The City Attorney shall be directed to collect fines that are due and payable under this section.
(Ord. 2018-02, 2018)