A. 
This chapter provides for administrative citations, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this code. As used in this chapter, "violation" includes noncompliance with conditions of approval of a discretionary permit.
B. 
The administrative citations process set forth in this chapter shall not apply to continuing violations of this code that pertain to building, plumbing, electrical, or other similar structural or zoning issues endangering the life, health, property or safety of the public or occupants. This shall not, however, prevent the city from utilizing the administrative citations process for building, plumbing, electrical, or other similar structural or zoning violations which are transient and non-continuing in nature or which do not endanger the life, health, property or safety of the public or occupants.
C. 
These sections shall not supersede any other sections of this code which address additional legal or administrative remedies available for city code violations; use of the administrative citation process shall be at the sole discretion of the city.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. No. 6963, 6/18/2025)
For purposes of this chapter, the following definitions shall apply:
"Enforcement officer"
shall mean any city employee or agent of the city with the authority to enforce any provision of this code, including, but not limited to, an animal control officer, building inspector, building official, chief building inspector, city attorney, code enforcement inspector, fire chief, fire inspector, fire marshal, housing inspector, planning manager, public works inspector, water conservation specialist, construction inspector, engineer, and any police officer.
"Responsible party"
shall mean any person an enforcement officer determines is responsible for causing, maintaining, committing, or allowing to be committed a violation of this code or other city ordinance. A "responsible party" includes, without limitation, any person who exercised legal or physical control over a property or business premises in the city, such that the responsible person is capable of preventing or correcting a violation of the provisions of this code or other city ordinance.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. 5828 § 2, 2017; Ord. No. 6963, 6/18/2025)
A. 
Whenever an enforcement officer charged with the enforcement of this code determines that a violation of a code provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any responsible party.
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. 
The section of this code violated and a description of the violation; and
4. 
The name and signature of the citing enforcement officer.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. No. 6963, 6/18/2025)
Within 14 days of the date of the administrative citation, the city attorney's office shall mail to the cited party a notice which contains the following information:
A. 
The amount of the fine for the code violation;
B. 
A description of the fine payment process, including a description of the time within which and the place at which the fine shall be paid;
C. 
An order prohibiting the continued or repeated occurrence of the code violation described in the administrative citation; and
D. 
A 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 hearing form to contest the administrative citation may be obtained.
(Ord. 4676 § 1, 2008; Ord. No. 6963, 6/18/2025)
A. 
The amounts of the fines for code violations imposed pursuant to this chapter shall be set forth in a schedule of fines established by resolution of the city council.
B. 
The schedule of fines shall specify any increased fines for repeat violations of the same code provision within 12 months from the date of an administrative citation.
C. 
The schedule of fines shall specify any late payment fees imposed for the payment of a fine after its due date.
D. 
The schedule of fines, as may be amended or replaced from time to time by subsequent resolution of the city council, shall be referred to as the "Roseville Municipal Code Fine Schedule."
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. 5828 § 3, 2017; Ord. No. 6963, 6/18/2025)
A. 
The fine shall be paid to the city within 30 days from the date of the notice issued pursuant to Section 2.50.035, if no hearing is requested. If a responsible party requests a hearing and does not attend the hearing, payment of the fine will be due 20 days from the date scheduled for the hearing. If the responsible party requests and attends the hearing, any fines imposed will be due within 20 days of service of the hearing panel's written decision.
B. 
Any person who fails to pay to the city any fine on or before the date that such fine is due to be paid shall also be liable for the payment of any applicable late payment fees.
C. 
Payment of a fine shall not excuse or discharge any continued or repeated occurrence of the code violation that is the subject of the administrative citation.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. No. 6963, 6/18/2025)
A. 
Any recipient of an administrative citation may contest that there was a violation of the code or that he or she is the responsible party by completing a request for hearing form and returning it to the city attorney's office within 30 calendar days from the date of the notice issued pursuant to Section 2.50.035.
B. 
A request for hearing form may be obtained from the city attorney's office or from the city's website.
C. 
The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 days prior to the date of the hearing.
D. 
If the enforcement officer submits an additional written report concerning the administrative citation for consideration at the hearing, then a copy of that report also shall be served on the person requesting the hearing at least five days prior to the date of the hearing.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. 5828 § 4, 2017; Ord. No. 6963, 6/18/2025)
The city attorney's office shall designate a hearing panel for the administrative citation hearing. The panel shall have two or three members, drawn from the membership of the board of appeals. The members shall be selected to serve on the hearing panel on a rotating, as-available basis by the city attorney's office. Members shall act impartially on any matter placed before them and shall remove themselves from the panel should any conflict of interest involving the subject matter or parties of the proceedings come to their attention.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. 5828 § 5, 2017; Ord. No. 6963, 6/18/2025)
A. 
A hearing shall be set for a date that is not less than 15 days and not more than 90 days from the date that the request for hearing is initially filed in accordance with the provisions of this chapter.
B. 
The city attorney's office, in its sole discretion, may reschedule a hearing one-time at the request of any party for any reason, so long as such request is made not less than three business days before the hearing date. If a party requests a new hearing date other than the assigned date and that date is more than 90 days from the date of the initial request for hearing, the request shall be denied. Any requests to reschedule a hearing date must be provided to the city attorney's office not less than three business days prior to the date of the hearing.
C. 
The city attorney's office, in its sole discretion, may reschedule a hearing upon a request of any party and a finding that there is good cause to reschedule the hearing. Whether good cause exists to reschedule a hearing is solely within the discretion of the city attorney's office. Any requests to reschedule a hearing date must be provided to the city attorney's office not less than three business days prior to the date of the hearing.
D. 
At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.
E. 
The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a failure to exhaust administrative remedies.
F. 
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.
G. 
The hearing panel may continue the hearing and request additional information from the enforcement officer or the recipient of the citation prior to issuing a written decision.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. 5828 § 6, 2017; Ord. No. 6963, 6/18/2025)
A. 
After considering all of the testimony and evidence submitted at the hearing, the hearing panel shall, based on a preponderance of the evidence, issue a written decision to uphold or dismiss the administrative citation and shall list the basis for that decision. The decision of the hearing panel shall be final.
B. 
The recipient of the administrative citation shall be served with a copy of the hearing panel's written decision.
C. 
If the hearing panel determines that the citation should be upheld, then the responsible party shall have 20 days from the date of notice of the hearing panel's decision to pay the associated fine. If the hearing panel determines that the citation should be upheld, but the fine waived in the interests of justice, no fine shall be due. The hearing panel may not otherwise reduce or increase the amount of any fine imposed for a violation.
D. 
If the administrative citation involves noncompliance with conditions of approval of a discretionary permit, in addition to assessing administrative fines, the hearing panel may, at its discretion, refer the matter to the planning commission for possible action on the underlying permit.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. 5828 § 7, 2017; Ord. No. 6963, 6/18/2025)
Any person aggrieved by an administrative decision of a hearing panel on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Superior Court in Placer County in accordance with the timelines and provisions set forth in California Government Code Section 53069.4, as it may be amended.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. 5828 § 8, 2017; Ord. No. 6963, 6/18/2025)
The city attorney or designee shall have authority to dismiss any citation, and/or to enter into a negotiated settlement with any responsibly party, if such dismissal and/or negotiated settlement is determined by the city attorney or designee to be in the best interests of the city.
(Ord. No. 6963, 6/18/2025)
A. 
The administrative citation and all notices required to be given by this chapter shall be served on the responsible party by first-class U.S. mail.
B. 
Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder.
(Ord. 3722 § 2, 2001; Ord. 4676 § 1, 2008; Ord. No. 6963, 6/18/2025)