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ADMINISTRATIVE CITATIONS
(A) The following policies and procedures are adopted to implement a program of enforcement of the city's zoning, building, fire, health and safety, conditions on entitlement in terms of city permits and agreements and other city ordinances.
(B) It is the policy of the city to seek voluntary and timely compliance with these provisions and to provide an effective means of enforcement if such compliance is not obtained in a timely manner.
(C) This subchapter is adopted pursuant to the municipal affairs provision of the city charter and Cal. Gov't Code § 53069.4 to provide for the imposition of an administrative fine for any violation of this code and to set forth the procedures for the imposition and collection of such fines.
(Ord. 638-C.S., passed 2-6-01)
This subchapter provides for administrative citations in addition to all other legal remedies, criminal, civil, or administrative, which may be pursued by the city to address any violation of this code. References to "this code" shall mean the Eureka Municipal Code as it may be hereafter amended as well as any other code adopted by reference therein. The use of this subchapter shall be at the sole discretion of the city. The use of any other enforcement proceedings provided for by this code shall not be considered a prerequisite for the use of this subchapter, nor shall the use of this subchapter be considered a prerequisite for the use of any other enforcement proceedings.
(Ord. 638-C.S., passed 2-6-01)
If any provision of this subchapter as now or later amended or its application to any person or circumstance is held invalid, unconstitutional, or otherwise unenforceable, such decision shall not affect other provisions that can be given effect without the invalid provision or application. The Council hereby declares that it would have adopted this subchapter and each section, sentence, clause, and phrase hereof irrespective of the fact that any section, sentence, clause, or phrase be declared invalid, unconstitutional, or otherwise unenforceable.
(Ord. 638-C.S., passed 2-6-01)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFECTED DEPARTMENT. Whichever city department that has responsibility to administer or enforce the applicable provisions of this code.
ENFORCEMENT OFFICER. Any city employee or agent authorized to enforce any provisions of this code or any code adopted by the city.
PREMISES. The real property of the violator, including contiguous properties, and/or any buildings, structures or other improvements situated thereon or affixed thereto, where any violation of any of the provisions of this code has or is suspected to have occurred or is suspected to be occurring. The premises may include public property to which a violator has access.
VIOLATOR. An adult owner, emancipated minor, tenant, occupant, resident or other person having possession, control or any other ownership interest in or the right of access to the premises, excluding persons having only a security interest in the premises, who is suspected or alleged to have violated or to be in violation of any of the provisions of this code. There may be one or more violators as to any particular violation.
(Ord. 638-C.S., passed 2-6-01)
(A) Authorization to issue administrative citation. Whenever an enforcement officer charged with enforcement of any provision of this code or any code adopted by the city determines that a violation of that provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation and/or to the owner of the property to which the violation pertains. If the code enforcement officer determines that multiple code violations have occurred, the administrative citation shall address all the violations.
(B) Notice of violation in lieu of administrative citation. If the violation consists of a violation of building, electrical, mechanical, plumbing or zoning regulations that does not create an immediate danger to health or safety, the enforcement officer may defer issuance of an administrative citation until the person responsible for a violation has first been given notice of the violation and an opportunity to correct the violation, in accordance with the procedures set forth in this subchapter.
(C) Administrative citations in lieu of criminal citations. An administrative citation may be issued pursuant to this section in lieu of any criminal citation, which could have been issued for the same violation. The issuance of the administrative citation shall not, however, prevent the issuance of a criminal citation or filing of a criminal complaint for:
(1) The same violation when any administrative fine imposed pursuant to this subchapter has not been paid by the date payment is due;
(2) A subsequent violation of the same nature; or
(3) A violation that creates, in the opinion of the enforcement officer, an immediate threat to the health or safety of any person or the public generally.
(D) Contents of administrative citation. 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 or is occurring;
(3) The section of this code which has been violated and a description of the violation;
(4) The amount of the administrative fine for each code violation;
(5) A description of the fine payment process, including the date upon which the fine is due and the place at which the fine shall be paid;
(6) An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;
(7) A description of the administrative citation review process, including the time within which the administrative citation may be contested and the manner in which review of the citation may be requested; and
(8) The name and signature of the citing enforcement officer.
(E) Service and filing of administrative citations. The enforcement officer shall serve the original citation on the person cited in the manner set forth in this subchapter and shall forward a copy of the administrative citation to the affected department and finance office.
(Ord. 638-C.S., passed 2-6-01)
The amounts of the administrative fines imposed for code violations under this subchapter shall be established by resolution of the City Council. That resolution shall also set forth any increased fines for repeat violations of the same code provision by the same person within 12 months from the date of a previous administrative citation. Such person shall be guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of this subchapter is committed, continued, or permitted by such person.
(Ord. 638-C.S., passed 2-6-01)
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