Pursuant to Government Code Section 53069.4, the City is authorized to adopt an administrative citation program. The purpose of this chapter is to provide the City with an alternative method of enforcement of violations of the Calistoga Municipal Code and conditions on land use entitlements by using a combination of judicial and administrative remedies to gain compliance. Enforcement of the Calistoga Municipal Code and conditions on land use entitlements is vital to the protection of the public's health, safety and welfare, and such enforcement is a valid exercise of the City's police power. Issuing administrative citations encourages voluntary and complete compliance with the Calistoga Municipal Code and conditions on land use entitlements in a timely and cost efficient manner for the protection and benefit of the entire community.
(Ord. 725, 2016)
The provisions of this chapter apply to any violation of the Calistoga Municipal Code and/or any condition imposed by any land use entitlement. The issuance of an administrative citation under this chapter is solely at the City's discretion. This chapter does not limit the City's discretion to utilize any other remedy, civil or criminal, to address such violations, and multiple enforcement remedies may be used to achieve compliance with respect to persons who commit continuing violations.
(Ord. 725, 2016)
For purposes of this chapter, the following definitions apply:
"City Manager"
means the City Manager of the City of Calistoga, or the City Manager's designee.
"Code"
means the Calistoga Municipal Code, as may be updated from time to time.
"Continuing violation"
means either (1) a particular violation of the code or violations of conditions imposed upon the issuance of a land use entitlement that continues for more than 24 hours without correction; or (2) a repeated, consecutive violation of the same offense without intervening days.
"Enforcement officer"
means any officer or employee designated by the City Manager to enforce this code.
"Hearing officer"
means a person appointed by the City Manager, in compliance with any and all applicable legal requirements, to serve as the hearing officer for administrative citation hearings.
"Land use entitlement"
means any approval required for a particular use of land, including without limitation licenses and conditional use permits.
"Owner"
means the record owner of a parcel according to Napa County's latest equalized property tax assessment roll.
"Person"
means and includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees and general partners of a legal entity.
"Responsible person"
has the same definition as set forth in CMC § 1.08.010(B).
(Ord. 725, 2016)
A. 
Any person violating any provision of this code and/or any condition imposed by any land use entitlement may, at the City's discretion, be issued an administrative citation by an enforcement officer as provided in this chapter.
B. 
In accordance with Government Code Section 53069.4(a)(2), no responsible person shall be assessed an administrative fine or penalty under this chapter for a continuing violation pertaining to a building, plumbing, electrical or similar structural or zoning issue that does not create an immediate danger to the public health or safety without first receiving a reasonable opportunity to correct or otherwise remedy the violation.
C. 
An administrative citation shall be issued on a form approved by the City Manager and shall contain the following information:
1. 
Name of the person who is charged as a responsible person for the violation;
2. 
Date, time and address, or definite description, of the location where the violation was observed;
3. 
The code section or condition violated and a description of the violation;
4. 
A description of the action required to correct the violation;
5. 
An order prohibiting the continuation or repeated occurrence of the violation;
6. 
Whether the offense is a continuing violation which shall accrue fines until properly ceased and abated;
7. 
The amount of the fine for the violation, including the amount due for the initial violation and any prospective daily fine for failure to correct the violation (if applicable to a continuing violation);
8. 
An explanation of how the fine must be paid and when it must be paid;
9. 
Potential penalties for late payment or failure to pay the fine;
10. 
Notification of the right to appeal, including the time within which the administrative citation may be contested and the place to obtain a request for hearing form to appeal the administrative citation;
11. 
The name and signature of the enforcement officer; and
12. 
Date the citation was issued.
D. 
For the purposes of this chapter, there may be more than one responsible person for any violation and each responsible person shall be jointly and severally liable for any violation.
E. 
In the event that an enforcement officer determines that an administrative citation was issued in error, the enforcement officer may cancel the administrative citation, regardless of whether the responsible person has filed a request for a hearing and any fines or fees paid under this chapter shall be refunded.
(Ord. 725, 2016)
A. 
Upon receipt of the citation, the responsible person must immediately cease and abate the violation. The abatement of a continuing violation must be verified by an enforcement officer. The responsible person must contact the phone number designated on the citation and schedule an inspection by an enforcement officer. Fines shall accrue until the abatement is verified, less any days delayed by action of the City in scheduling such inspection.
B. 
If the offense is a continuing violation and the responsible person fails to properly cease and abate the violation, fines shall accrue for each day until the abatement is properly verified. Additionally, subsequent administrative citations may be issued for the same violation.
C. 
The amount of the fines for violations pursuant to this chapter shall be established by separate resolution of the City Council, which may be amended from time to time.
D. 
The fine must be paid to the City Administrative Services Department within 30 calendar days from the date on the citation that the administrative citation was issued.
E. 
If the fine citation is not paid within the time prescribed in this section, a late payment fee may be charged in an amount to be established by separate resolution of the City Council, which may be amended from time to time.
F. 
Any administrative citation fine paid pursuant to this section shall be refunded if after an administrative hearing the fine is cancelled or modified by the hearing officer.
G. 
Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of any violation that is the subject of the administrative citation, nor shall it bar further enforcement action by the City.
(Ord. 725, 2016)
A. 
Any recipient of an administrative citation may appeal the citation by completing a request for hearing form, to be obtained from and returned to the City Clerk within 15 calendar days from the date on the citation that the administrative citation was issued. The request for hearing must contain the following information:
1. 
The name, address, and signature of the responsible person appealing the administrative citation;
2. 
A brief statement in ordinary and concise language of the specific item that is contested, together with any supportive facts; and
3. 
A brief statement in ordinary and concise language of the relief sought and the reason why the administrative citation should be rescinded, modified, or otherwise set aside.
B. 
Any request for hearing form submitted that fails to provide all of the information required by this section shall be deemed incomplete and the person submitting the form shall be notified of such determination.
C. 
The request for hearing form must be accompanied by a deposit of the fine in the amount specified in the administrative citation or a request for a deposit hardship waiver as described in CMC § 1.28.070. If the deposit is not timely paid and no hardship waiver has been granted, an administrative hearing shall not be scheduled.
D. 
A hearing before the hearing officer shall be set by the City Clerk for a date that is not less than 15 or more than 30 calendar days from the date the request for hearing is submitted to the City. The person requesting the hearing shall be notified by regular mail of the time and place set for the hearing at least 10 calendar days before the date of the hearing. If multiple citations are being appealed, the City Clerk and hearing officer may consolidate the appeals into one hearing.
E. 
Failure of a responsible person to appeal the administrative citation within the timeframe provided by this section shall constitute: (1) a waiver of any right to an administrative hearing for a determination of the matter contested; and (2) failure to exhaust his or her administrative remedies. The order of the citation shall serve as a final determination and conclusive evidence of the named responsible person's liability for the citation.
(Ord. 725, 2016)
A. 
Any person who intends to request an administrative hearing to appeal an administrative citation and who is financially unable to make the fine deposit may request a fine deposit hardship waiver.
B. 
The request must be submitted to the City Clerk, and shall be processed by the hearing officer. The requirement of depositing the full amount of the fine shall be stayed unless or until the hearing officer, or his or her designee, makes a determination to grant or deny the fine deposit hardship waiver.
C. 
The hearing officer, or his or her designee, may grant the advance deposit hardship waiver if the cited person has submitted a sworn affidavit documenting financial hardship to the satisfaction of the hearing officer, or his or her designee.
D. 
The hearing officer, or his or her designee, shall issue a written determination to issue or not issue the fine deposit hardship waiver. The written determination shall be final and shall be served by regular mail upon the person who applied for the hardship waiver.
E. 
If the hardship waiver is not issued, a deposit of the fine must be remitted to the City within 10 calendar days of the date of the decision or 30 calendar days from the date of the administrative citation, whichever is later. If the deposit is not paid within this time, an administrative hearing shall not be scheduled.
(Ord. 725, 2016)
A. 
No hearing to contest an administrative citation before a hearing officer shall be held unless: (1) a request for hearing form has been completed and returned to the City Clerk; and (2) the fine has been deposited or a fine deposit hardship waiver obtained.
B. 
At least 10 calendar days before the hearing, the responsible person shall be provided with copies of any and all citations, reports, and other documents to be submitted by the enforcement officer to the hearing officer.
C. 
The administrative citation and any additional documents submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
D. 
The formal rules of evidence shall not apply to the administrative hearing. All relevant evidence may be considered, and the hearing officer has the discretion to exclude evidence that the hearing officer finds to be irrelevant or redundant.
E. 
The responsible person contesting the administrative citation shall be given the opportunity to: (1) testify and present witnesses; (2) introduce relevant evidence; (3) cross-examine and/or rebut any witness testifying in support of the administrative citation; and (4) be represented by anyone designated by the responsible party.
F. 
Unless requested in advance by the person contesting the administrative citation, neither the enforcement officer nor any other representative of the City is required to attend the hearing; provided, that any such appearance may be made at the discretion of the enforcement officer or City Manager.
G. 
The hearing officer may continue the hearing and request additional information from the enforcement officer or the responsible person contesting the administrative citation before issuing a written decision.
H. 
The failure of any responsible person contesting an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies, and the order of the citation shall become the final determination.
(Ord. 725, 2016)
A. 
After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold, modify, or cancel all or part of the administrative citation, listing the reasons for the decision. The hearing officer's decision must be supported by the preponderance of the evidence.
B. 
The decision of the hearing officer shall be issued within 15 calendar days of the hearing. Within five calendar days of issuance of the hearing officer's decision, the City shall provide notice of the written decision to recipient of the administrative citation and include a copy of the decision.
C. 
The decision of the hearing officer shall be final.
D. 
If the hearing officer determines that the administrative citation should be upheld, the amount of the fine on deposit with the City shall be retained by the City. If the fine has not been deposited and hardship waiver has been obtained, the hearing officer shall set forth a reasonable schedule of payment. The hearing officer may also impose conditions and deadlines to correct the violation or require payment of any outstanding fines, penalties, and interest.
E. 
If the hearing officer determines that the administrative citation should be modified or cancelled in whole or in part, the City shall refund the applicable amount of the deposited fine within 15 calendar days from the date of issuance of the hearing officer's decision.
(Ord. 725, 2016)
Any person aggrieved by a decision of the hearing officer on an administrative citation may obtain review of the decision by: (A) filing an appeal with the Napa County Superior Court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4; or (B) seeking a petition of writ of mandate in accordance with Code of Civil Procedure Sections 1094.5 and 1094.6.
(Ord. 725, 2016)
A. 
To recover past due administrative citation fine(s) and recoverable costs:
1. 
The enforcement officer shall cause a copy of the citation(s) to be filed with the City's Administrative Services Department.
2. 
An invoice for the citation fine(s) and recoverable costs shall be mailed to the property owner and/or responsible party.
a. 
The invoice for property-related citations shall include notification that if not paid within 30 calendar days of the date due, a lien and/or assessment on the property may be recorded.
b. 
The invoice for non-property related citations shall include notification that if not paid within 30 calendar days of the date due, the account may be referred to a collection agency.
3. 
If the property owner and/or responsible party does not pay the non-property related citation fine and recoverable costs within 30 calendar days from the date due, the account may be forwarded to a collection agency.
4. 
If the property owner and/or responsible party does not pay a property related citation fine and recoverable costs within 30 calendar days from the date due, City Manager or designee may authorize that a lien on the property be recorded.
5. 
If the property related citation fine and recoverable costs remain unpaid 45 calendar days from the due date, the City Manager may submit the matter as a report to the City Council for a special assessment hearing. The report shall include, at a minimum, the names and addresses of the record owner of the property and all persons having any record interest in the property (including but not limited to holders of mortgages or deeds of trust), the date upon which the violation occurred, a description of the real property subject to the lien, and the total costs.
6. 
At least 10 calendar days prior to the hearing, the City Clerk shall give notice, by certified mail, of the hearing to all persons named in the report. The notice shall describe the property by assessor's parcel number and street number or some other description sufficient to enable identification of the property and contain a statement of the amount of the proposed assessment.
7. 
At the time fixed for receiving and considering the report, the City Council shall hear the report and the objections of any of the owners liable to be assessed for the costs or any other persons who may have a legal interest in the property. The City Council may add to the proposed assessment an amount equal to the cost of conducting the assessment hearing. The City Council may also make such other modifications in the report as it deems necessary, after which the Council may order the report confirmed. The order and modified report shall be filed with the City Clerk and shall be final and conclusive.
8. 
The amounts and the costs mentioned in the report as confirmed shall constitute a special assessment against such property and are a lien on the property for the amount of the respective assessment. The assessment shall continue until it is paid, together with interest at the legal maximum rate computed from the date of confirmation of the statement until payment.
9. 
The County Assessor shall enter each assessment on the county tax roll upon the parcel of land. The assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedure and sale in case of delinquency as is provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the citation and recoverable costs relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the citation and recoverable costs shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice.
B. 
Notwithstanding any other provision of this chapter, the City Manager may, on behalf of the City, collect any citation fines and recoverable costs by use of all available legal means, including filing an action in a court of law or small claims court, and the choice of one remedy does not affect the City's ability to use alternative remedies.
(Ord. 725, 2016)
Except as otherwise provided in this chapter, whenever an administrative citation is issued or a notice is required to be given under this chapter, it must be given as follows:
A. 
Service on the responsible person or persons either by personal service, first class mail, or by certified mail, return receipt requested.
B. 
When real property is involved in the violation, service on the responsible person and, if not the responsible person, on the property owner at the address as shown on the latest equalized county assessment roll. If personal service or service by mail on the property owner is unsuccessful, a copy of the citation must be conspicuously posted at the property which is the subject of the violation. The City may, in its discretion, also serve notice on a tenant, a mortgagor or any other person having an interest in the property by personal service, by first class mail, or by certified mail, return receipt requested.
C. 
The failure of any person to receive, accept, or sign any notice shall not affect the validity of any proceedings taken under this chapter.
D. 
Service of an administrative citation by mail is effective on the date of mailing.
(Ord. 725, 2016)