Loading...
(A) Once all evidence and testimony are completed, the enforcement hearing officer shall issue an administrative enforcement order which affirms or rejects the enforcement official's notice and order or which modifies the daily rate or duration of the civil penalties. The enforcement hearing officer may increase or decrease the total amount of civil penalties and costs that are assessed by the enforcement official's notice and order.
(B) The enforcement hearing officer may issue an administrative enforcement order that requires the responsible person to cease from violating the City of Indio Municipal Code or applicable state codes and to make necessary corrections.
(C) As part of the administrative enforcement order, the enforcement hearing officer may establish specific deadlines for the payment of civil penalties and costs and condition the total or partial assessment of civil penalties on the responsible person's ability to complete compliance by specified deadlines.
(D) The enforcement hearing officer may issue an administrative enforcement order which imposes additional civil penalties that will continue to be assessed until the responsible person complies with the hearing officer's decision and corrects the violation.
(E) The enforcement hearing officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative enforcement order.
(Ord. 1809, passed 2-21-24)
(A) Upon the failure of the responsible person to comply with the terms and deadlines set forth in the administrative enforcement order, the enforcement official may use all appropriate legal means to recover the civil penalties, administrative costs and obtain compliance with the administrative enforcement order.
(B) After the enforcement hearing officer issues an administrative enforcement order, the enforcement official shall monitor the violations and determine compliance.
(Ord. 1809, passed 2-21-24)
DIVISION 8. ADMINISTRATIVE CITATIONS
The City Council finds that there is a need for an alternative method of enforcement for violations of the City of Indio Municipal Code and applicable state codes. The City Council further finds that an appropriate method of enforcement for violations is an administrative citation program as authorized by California Government Code § 53069.4. The procedures established in this division shall be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the City of Indio Municipal Code or applicable state codes.
(Ord. 1809, passed 2-21-24)
(A) Any person violating any provision of the City of Indio Municipal Code or applicable state code may be issued an administrative citation by an enforcement official as provided in this division. The administrative citation shall be issued on a form approved by the City Manager.
(1) If the violation is a continuing violation of this code that pertains to building, plumbing, electrical, or other similar structural or zoning issues, the enforcement official will first issue a compliance order providing the responsible party a reasonable amount of time to correct or otherwise remedy the violation. The amount of time shall not be less than ten court days.
(a) The amount of time provided to correct or otherwise remedy the violation shall be known as the grace period.
(b) A responsible party may submit a written request to extend the grace period in accordance with the procedures provided in this division.
(2) Notwithstanding subparagraph (1), the enforcement official may immediately issue an administrative citation for a continuing violation of this code that pertains to building, plumbing, electrical, or other similar structural or zoning issues when that violation creates an immediate danger to health or safety.
(a) When a violation creates and immediate danger to health or safety, no compliance order will be issued, and no grace period will be provided.
(B) Each and every day a violation of the City of Indio Municipal Code or applicable state code exists constitutes a separate and distinct offense for which an administrative citation may be issued.
(C) An administrative fine shall be assessed by means of an administrative citation issued by the enforcement official and shall be payable directly to the City Finance Department.
(D) Administrative fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this division.
(Ord. 1809, passed 2-21-24)
(A) Contents of an administrative citation.
(1) The administrative citation shall refer to the date and location of the violation(s) and the approximate time the violation(s) occurred.
(2) The administrative citation shall refer to the code sections violated and describe how the sections are violated.
(3) The administrative citation shall describe the action required to correct the violations.
(4) The administrative citation shall require the responsible person to immediately correct the violations and shall explain the consequences of failure to correct the violations.
(5) The administrative citation shall state the amount of penalty imposed for the violations.
(6) The administrative citation shall explain how the penalty shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the penalty.
(7) The administrative citation shall provide notice of the right to appeal.
(8) The administrative citation shall provide notice of the right to request a hardship waiver.
(9) The citation shall contain the signature of the enforcement official and the signature of the responsible person if that person can be located.
(10) If a compliance order was issued before the administrative citation, the compliance order shall be attached to the administrative citation, and the administrative citation shall describe how the responsible party failed to fully comply with the compliance order.
(B) Contents of a compliance order.
(1) The compliance order shall refer to the date and location of the violation(s) and the approximate time the violation(s) occurred.
(2) The compliance order shall refer to the code sections violated and describe how the sections are violated.
(3) The compliance order shall describe the action required to correct the violation(s).
(4) The compliance order shall provide the grace period the responsible party has to correct the violation(s).
(5) The compliance order shall explain the consequences of failure to correct the violations within the grace period.
(6) The compliance order shall state the fine amount for the violation(s) and the amount the fine will increase each day the responsible party fails to fully correct the violation(s).
(7) The compliance order shall explain how the responsible party can show they have fully complied with the order.
(a) If the enforcement official determines that all violations specified in the compliance order have been corrected within the grace period, the compliance order shall be dismissed and no further action shall be taken against the responsible party regarding the violation(s) identified in the compliance order.
(b) If the responsible party fails to fully comply with the compliance order within the grace period, the enforcement official may issue an administrative citation as provided in this chapter. The issuance of the administrative citation does not relieve the responsible person's obligation to fully comply with the compliance order.
(c) The compliance order shall state the time period after which administrative fines will begin to accrue if there is not full compliance with the order.
(8) The compliance order shall provide notice of the right to request a hardship waiver.
(9) The compliance order shall contain the signature of the enforcement official and the signature of the responsible person if that person can be located.
(C) Request to extend grace period.
(1) The compliance order shall explain how the responsible party can submit a written request to extend the grace period.
(a) The responsible party my request to extend the grace period. The request must be made in writing and must be served on the City Clerk in accordance with the service procedures of this chapter at least three court days before the end of the grace period.
(b) Upon receiving valid service of a written request to extend the grace period from the responsible party, the grace period shall be tolled until the enforcement agency serves a written response on the responsible party in accordance with the service procedures of this chapter.
(c) If the request to extended the grace period is granted, a new compliance order shall be issued showing the original grace period, the date the extension was granted, and the new grace period within which the violation must be corrected.
(d) If the request to extended the grace period is denied, the original grace period will resume three court days after the enforcement agency has provided service of the denial in accordance with the service procedures of this chapter.
(Ord. 1809, passed 2-21-24)
Loading...