This chapter establishes an enforcement mechanism for all violations of the Sausalito Municipal Code. The procedures established in this chapter are in addition to any other procedures or legal remedies available to address violations of the Sausalito Municipal Code. The City Council finds that the enforcement of the Sausalito Municipal Code is an important public service and is vital to the protection of the public's health, safety and quality of life. The City Council has determined that there is a need for alternate methods of code enforcement and that a comprehensive code enforcement system uses a combination of judicial and administrative remedies to gain compliance with code regulations.
(Ord. 1174 § 1, 2004; Ord. 07-2025, 10/7/2025)
A. 
"Administrative citation" or "civil penalty"
is an official notification, on a form meeting the criteria of this chapter, of violation of any provision of the Sausalito Municipal Code. Administrative citations require correction of the violations they identify and impose penalties on the responsible person(s).
B. 
"Appeals Board"
means any appeals board established or designated by the City Council to hear appeals relative to any orders, decisions, and determinations made by the City related to the application and interpretation of the California Building Standards Code, or other regulations governing construction, use, maintenance, and change of occupancy of hotels, motels, lodginghouses, apartment houses, and dwellings as specified in Cal. Health & Safety Code §§ 17920.5 and 17920.6. All other orders, decisions, or determinations not subject to being heard by an Appeals Board under state law shall be made by the City and shall be heard before a Hearing Officer. In the event that no board is established or designated by the City Council to hear appeals, such appeals shall be heard by the City Council.
C. 
"Compliance order"
is an official notification, on a form meeting the criteria of this chapter, of violation of any provision of the Sausalito Municipal Code. Compliance orders require correction of the violations they identify.
D. 
"Enforcement Officer"
is any person appointed by the City Manager, or by the City Manager's designee, to implement the provisions of this chapter.
E. 
"Hearing Officer"
means any person designated by the City Manager to conduct hearings.
F. 
"Responsible person"
is any person responsible for causing, maintaining, committing, or allowing a violation of the Sausalito Municipal Code. A responsible person includes without limitation any person who exercises legal or physical control over any real property in the City where a violation of this code occurs related to the use, operation, or maintenance of such property, and any person holding an ownership interest in such property, such that the responsible person is capable of preventing or correcting violations of the Sausalito Municipal Code. In the event the person who commits the violation or causes the violating condition is a minor, then the minor's parents or legal guardian shall be deemed a responsible person. For purposes of this chapter, each responsible person shall be jointly and severally liable for any and all administrative fines, civil penalties, and administrative costs.
(Ord. 1174 § 1, 2004; Ord. 07-2025, 10/7/2025)
The City Manager shall administer this chapter, and may establish appropriate rules, forms, and procedures for administration consistent with the requirements of this chapter. The City Manager may appoint, or may designate another City official to appoint, one or more Enforcement Officers to issue compliance orders and administrative citations.
(Ord. 1174 § 1, 2004; Ord. 07-2025, 10/7/2025)
A. 
When an Enforcement Officer observes a correctable, continuing violation of the Sausalito Municipal Code creating no immediate danger to health or safety, the Enforcement Officer may issue a compliance order to any responsible person.
B. 
Each compliance order shall be in writing and shall include, without limitation, the following information:
1. 
The date of the violation(s) and, if different, the date of service of the compliance order.
2. 
The address or a definite description of the location where the violation(s) occurred or existed, and the approximate time the violation(s) occurred or was observed.
3. 
The name, address, and other identifying information of the responsible person(s).
4. 
A description of the violation(s), including citation to the section(s) of the Sausalito Municipal Code violated.
5. 
An order requiring correction of the violation(s) within 10 days of the date of the compliance order, or within such other reasonable time as the Enforcement Officer may determine, and notifying the responsible person that a fine may be due if correction is not made before the expiration of the correction period.
6. 
An order prohibiting the continuation or repeated occurrence of the violation(s).
7. 
The fine schedule for the violation(s).
8. 
The name and signature of the Enforcement Officer.
C. 
If the Enforcement Officer determines that all violation(s) specified in the compliance order have been corrected within the time set forth in the compliance order, no further action shall be taken against the responsible person(s) regarding the violations. If all violation(s) specified in the compliance order are not corrected within the time set forth in the compliance order, the Enforcement Officer may issue an administrative citation to the responsible person(s). Issuance of an administrative citation does not alter any obligation to comply fully with the compliance order.
(Ord. 1174 § 1, 2004; Ord. 07-2025, 10/7/2025)
A. 
When an Enforcement Officer observes a violation of the Sausalito Municipal Code other than a continuing, correctable violation of the Sausalito Municipal Code creating no immediate danger to health or safety, or when all violation(s) in a compliance order have not been corrected within the time set forth in that compliance order, the Enforcement Officer may issue an administrative citation to any responsible person.
B. 
Each administrative citation shall be in writing and shall include, without limitation, the following information:
1. 
The date of the violation(s) and, if different, the date of service of the administrative citation.
2. 
The address or a definite description of the location where the violation(s) occurred or existed, and the approximate time the violation(s) occurred or was observed.
3. 
The name, address, and other identifying information of the responsible person(s).
4. 
A description of the violation(s), including citation to the section(s) of the Sausalito Municipal Code violated.
5. 
An order prohibiting the continuation or repeated occurrence of the violation.
6. 
The fine schedule for the violation.
7. 
A description of how, when, and where the fine must be paid.
8. 
A brief description of the administrative citation hearing process; including a statement that the responsible person has the right to contest the administrative citation by requesting a hearing within 10 calendar days of the date of service of the administrative citation in accordance with SMC § 1.10.080(A) and a statement that anyone aggrieved by the decision of the Administrative Hearing Officer may petition for review by the Marin County Superior Court within the time frame and in accordance with the requirements of Cal. Gov’t. Code § 53069.4.
9. 
The name and signature of the Enforcement Officer.
C. 
Each violation of the Sausalito Municipal Code after the expiration of any correction period set forth in a compliance order constitutes a separate violation for every day such violation continues, and an administrative citation may be issued for each and every separate violation.
(Ord. 1174 § 1, 2004; Ord. 07-2025, 10/7/2025)
A. 
Where any violation would be subject to enforcement as an infraction, and no specific penalty amount is set by this code, the violation shall be subject to a civil penalty as set forth in amounts as set forth Cal. Gov’t. Code § 36900(b), unless (1) it is a violation of any building and safety codes in Title 8 of this Code, in which case it shall be subject to a civil penalty in amounts as set forth in Cal. Gov’t. Code § 36900(c), or (2) it is a violation of any short term rental regulation in Title 5 of this Code, in which case it shall be subject to a civil penalty in amounts as set forth in Cal. Gov’t. Code § 36900(d).
B. 
Where any violation would be subject to enforcement as a misdemeanor, and no specific penalty amount is set by this code, the violation shall be subject to a civil penalty in amount of $1,000 per violation.
C. 
Where conduct constituting a violation is of a continuing nature, each day of such conduct shall be a separate and distinct violation. Civil penalties due and owing to the City may be collected by any means allowed by law.
D. 
In any civil action commenced by the City to abate a nuisance, to enjoin a violation of any provision of this Code or any provision of any code adopted by reference by this Code, to collect a civil penalty imposed by this code, or to collect a civil debt owing to the City, the prevailing party shall be entitled to recover, in any such action, reasonable attorney's fees and costs of suit. Pursuant to Cal. Gov’t. Code § 38773.5(b), the recovery of attorney's fees and costs by the prevailing party is limited to individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorney's fees and costs. In no action or special proceeding shall an award of attorney's fees and costs to a prevailing party exceed the amount of reasonable attorney's fees and costs incurred by the City in the action or proceeding.
(Ord. 07-2025, 10/7/2025)
All notices, including compliance orders and administrative citations, required under this chapter shall be served on the responsible person(s) in accordance with the following provisions:
A. 
Notices may be personally served on a responsible person. When an Enforcement Officer issues a compliance order or an administrative citation in the presence of a responsible person, that responsible person shall be asked to sign the compliance order or administrative citation to acknowledge receipt. A responsible person's failure or refusal to sign a compliance order or an administrative citation shall not affect the validity of that compliance order or administrative citation; and a responsible person's signature on any administrative citation shall not constitute an admission of responsibility.
B. 
Notices may be mailed to the responsible person by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by first-class mail, postage prepaid. If a notice sent by certified mail is returned unclaimed, service by first-class mail shall nevertheless be effective if that mail is not returned.
If the violation consists of a condition of real property or otherwise affects real property, such notice shall be addressed to the responsible person at that property's address, unless the Enforcement Officer knows or has reason to know that the United States Postal Service does not deliver mail to that property. In addition, if the Enforcement Officer's reasonable investigation reveals a different home or business address for the responsible person, a copy of the notice shall also be sent to this alternate address by first-class mail, postage prepaid.
C. 
If any notice is not personally served on a responsible person, a copy of that notice shall be posted in a conspicuous place on the property where the alleged violation occurred or existed.
D. 
For violations of the Sausalito Municipal Code by a business or other organization, if the responsible person cited is not the sole owner of that business or other organization, the Enforcement Officer shall also serve a copy of the compliance order or administrative citation and any other notices required in connection therewith, personally or by first-class mail, postage prepaid, to the owner or director of that business or other organization, as may be revealed by the Enforcement Officer's reasonable investigation.
E. 
If a compliance order or administrative citation is issued for a violation of the Sausalito Municipal Code existing on real property, and if the responsible person cited is not shown in the official records of the County of Marin as the sole owner in fee simple of the real property, a copy of the compliance order or administrative citation and of any other notices required in connection with that administrative citation shall also be personally delivered or shall be sent by first-class mail, postage prepaid, to any owners of interests in that property that may be affected by the violation, at the address shown on the last equalized County assessment roll, and at such other address as may be revealed by the Enforcement Officer's reasonable investigation.
F. 
Service may be made by posting the notice conspicuously on or in front of the subject property and mailing a copy of the notice to the responsible person by first class mail. If the Enforcement Officer does not succeed in serving the responsible person personally, and if the Enforcement Officer's reasonable investigation reveals no home or business address for the responsible person, and if the violation does not consist of any condition of real property, the Enforcement Officer may serve the notice by publication by causing the notice to be published once a week for four successive weeks in a local newspaper of general circulation published at least once per week.
G. 
Service of any notice in accordance with these requirements may be proven by declaration or affidavit. Service is complete upon personal delivery, upon deposit with the United States Postal Service, or upon service in compliance with any other provision of law. Failure of any person with an interest in the compliance order or administrative citation to receive properly served notice shall not affect the validity of any proceedings under this chapter.
(Ord. 1174 § 1, 2004; Ord. 07-2025, 10/7/2025. Formerly 1.10.060)
A. 
Any responsible person may contest an administrative citation by requesting a hearing within 10 calendar days from the date of service of the administrative citation. The hearing request must be in writing on a form furnished by the City, specifying in detail the basis for contesting the administrative citation. The responsible person requesting the hearing shall deposit with the City either the amount of the fine or an application for a hardship waiver as described in SMC § 1.10.090. If the deadline for requesting a hearing falls on a weekend or on another date that City offices are closed for all of the normal business day, then the deadline shall be extended until 5:00 p.m. on the next regular City business day.
B. 
The City shall hold a hearing within 30 days of receiving a hearing request that complies fully with subsection A of this section. The responsible person requesting the hearing, as well as any other persons upon whom the administrative citation was served under SMC § 1.10.070, shall be notified of the time and place of the hearing at least 10 days before the hearing date. Either the responsible person or the City may request a continuance of the hearing to a mutually agreeable date, but in no event may the hearing begin later than 60 days after the City receives a hearing request, accompanied by either deposit of the fine or a completed hardship waiver application.
C. 
The City Manager shall designate a Hearing Officer to hear and decide appeals of administrative citations. This Hearing Officer may, but need not, be an employee of the City of Sausalito. The employment, performance evaluation, compensation, and benefits, if any, of this Hearing Officer shall not be directly or indirectly conditioned upon the number of administrative citations or the amount of administrative fines upheld by the Hearing Officer. However, any orders, decisions, and determinations made by the City relative to the application and interpretation of the California Building Standards Code, or other regulations governing construction, use, maintenance, and change of occupancy of hotels, motels, lodging houses, apartment houses, and dwellings shall be heard before an appeals board established by the City Council, and where no such appeal boards has been established or designated by the City Council, the City Council shall serve as the appeals board or housing board as specified in Cal. Health & Safety Code §§ 17920.5 and 17920.6.
D. 
Failure to file an appeal request in accordance with this section shall constitute a waiver of the responsible person's right to contest any matters set forth in the administrative citation.
(Ord. 1174 § 1, 2004; Ord. 07-2025, 10/7/2025. Formerly 1.10.070)
A. 
Any responsible person who requests a hearing to contest an administrative citation and who is financially unable to deposit the administrative fine may request a hardship waiver.
B. 
This request shall be filed with the hearing request. The request shall be accompanied by a sworn affidavit, and any other relevant supporting materials, demonstrating the responsible person's inability to deposit the fine in advance of the hearing.
C. 
The City Manager or his or her designee shall decide within 10 days of receipt of the hardship waiver request whether or not to issue a hardship waiver. The decision shall be in writing, and shall be served upon the responsible person requesting the waiver. The decision shall be final.
D. 
If the City Manager or his or her designee decides that a hardship waiver is unwarranted, the responsible person shall deposit the full amount of the fine within 10 days of service of the written decision, or within 10 days from the date of the administrative citation, whichever is later. If the responsible person fails to deposit this fine before this due date, the City may disregard the hearing request, and any scheduled hearing shall be cancelled.
(Ord. 1174 § 1, 2004; Ord. 07-2025, 10/7/2025. Formerly 1.10.080)
A. 
On the date and at the time and place set forth in the notice of hearing, the Hearing Officer or Appeals Board shall conduct an orderly hearing and shall accept evidence on which persons commonly would rely in the conduct of their business affairs. Formal rules of evidence shall not apply.
B. 
The responsible person contesting the administrative citation shall have the opportunity to testify and to present evidence, including witnesses, concerning the alleged violation. Any other interested party, including without limitation the property or business owner, employees, or neighbors, may also present evidence. The Hearing Officer or Appeals Board shall limit the evidence to that which is relevant to establishing or refuting the violation alleged in the administrative citation.
C. 
If the responsible person or any other interested person fails to attend the scheduled hearing, that person shall have waived any right to present evidence on the matter.
D. 
The administrative citation and any other reports submitted by the Enforcement Officer shall constitute prima facie evidence of the facts recited in those documents.
E. 
The Hearing Officer or Appeals Board may take the matter under consideration, may continue the hearing, and may request additional information from the Enforcement Officer or from the responsible person.
F. 
On the basis of a preponderance of the evidence, the Hearing Officer or Appeals Board shall determine whether to affirm or dismiss the administrative citation. The Hearing Officer or Appeals Board may reduce, waive, or conditionally reduce the fines established by the City.
G. 
The Hearing Officer or Appeals Board shall make findings based on the record of the hearing, and shall issue a final written decision based on those findings. The written decision shall be served upon the responsible person along with notice regarding the right to further appeal.
H. 
If the Hearing Officer or Appeals Board affirms the administrative citation, the City shall retain any fine deposited by the responsible person. If the Hearing Officer or Appeals Board affirms the administrative citation and the fine has not yet been deposited because of an approved hardship waiver, the Hearing Officer or Appeals Board shall specify in the written decision a payment schedule for the fine, including the date upon which the fine will be overdue. If the Hearing Officer or Appeals Board dismisses the administrative citation, any fine deposited with the City shall be promptly refunded.
(Ord. 1174 § 1, 2004; Ord. 07-2025, 10/7/2025. Formerly 1.10.090)
Any person aggrieved by an administrative decision of a Hearing Officer or Appeals Board may obtain review of that decision by filing a petition for review in the Marin County Superior Court, according to the requirements of Cal. Gov’t. Code § 53069.4.
(Ord. 1174 § 1, 2004; Ord. 07-2025, 10/7/2025. Formerly 1.10.100)
A. 
Fines for administrative citations and civil penalties shall be payable directly to the City of Sausalito and are due immediately upon service of the administrative citation or civil penalty. Such fines constitute a debt owed to the City of Sausalito.
B. 
Payment of the fine associated with any administrative citation or civil penalty shall not excuse the violation, nor shall it bar other or further enforcement activity by the City.
C. 
Any fine paid for an administrative citation or civil penalty shall be refunded if it is determined after a hearing under this chapter that the violation charged in the administrative citation or civil penalty did not exist or occur.
D. 
If payment of a fine is not received by the City within 30 days of its due date, the fine is overdue unless a timely hearing request including an application for a hardship waiver has been filed according to SMC § 1.10.090. If a hardship waiver application is denied, the fine is overdue unless the full amount is deposited within 10 days of service of the written decision denying the hardship waiver, or within 30 days from the date of the administrative citation or civil penalty, whichever is later. If a hardship waiver is granted, but the Hearing Officer affirms the administrative citation or civil penalty, the Hearing Officer shall set forth a payment schedule for the fine that shall specify the date on which the fine becomes overdue. In such case, the fine shall be overdue on that date, unless a timely appeal from the Hearing Officer's determination is filed with the Marin County Superior Court. If any such appeal is dismissed, or if the decision of the Court affirms the administrative citation or civil penalty, the fine shall be overdue 10 days after service by the Court or by the City of notice of entry of judgment or of dismissal, or 20 days after entry of judgment or of dismissal, whichever is first. A late penalty equal to 50 percent of the total fine shall be assessed for any overdue fine.
E. 
The remedies set forth in this section are not exclusive. The City may collect past due fines for administrative citations, and penalties for late fines, by the use of the small claims court or by any other legal remedy.
(Ord. 1174 § 1, 2004; Ord. 1242 § 1, 2016; Ord. 07-2025, 10/7/2025. Formerly 1.10.110)