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A. Any person violating any provision of the Murrieta Municipal Code or applicable state code may be issued an administrative citation by an enforcement officer as provided in this chapter. A violation of this code includes, but is not limited to, all violations of the municipal code, the Uniform Codes adopted by the city council, failing to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this code.
B. Each and every day a violation of the municipal code or applicable state code exists constitutes a separate and distinct offense.
C. A civil fine shall be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the city.
D. Fines for administrative citations shall be assessed in the amounts specified in this chapter, as adopted by the city council, as:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance or permit within one year from the date of the first violation;
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance or permit within one (1) year from the date of the first violation.
4. Pursuant to Government Code Section 36900(c), and notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction that poses a threat to public health or safety is punishable by the following:
a. A fine not exceeding one hundred thirty dollars ($130.00) for the first violation.
b. A fine not exceeding seven hundred dollars ($700.00) for the second violation of the same ordinances within one (1) year.
(i) A fine not exceeding one thousand three hundred dollars ($1,300.00) for each additional violation of the same ordinance within one (1) year of the first violation.
(ii) A fine not exceeding two thousand five hundred dollars ($2,500.00) for each additional violation of the same ordinance within two (2) years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to the failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
5. Pursuant to Government Code Section 36900(d), and notwithstanding any other law including subsections D.3. and D.4. above, a violation of Chapter 5.27 of this code related to short-term vacation rentals determined to be an infraction that poses a threat to public health or safety is punishable by the following:
a. A fine not exceeding one hundred dollars ($100.00) for a first violation for failure to register or pay a business license fee.
b. A fine not exceeding one thousand five hundred dollars ($1,500.00) for any other first violation.
c. A fine not exceeding three thousand dollars ($3,000.00) for a second violation of the same ordinance (other than pursuant to subsection D.5.a. within one (1) year.
d. A fine not exceeding five thousand dollars ($5,000.00) for each additional violation of the same ordinance (other than pursuant to subsection D.5.a. within one (1) year of the first violation.
E. Fines collected resulting from enforcement of Murrieta Municipal Code administrative citation violations will be placed in the general fund and used solely for the purpose of the code enforcement program in order to ensure and maintain the character and well-being of the city.
(Ord. 582 § 1, 2022; Ord. 551 § 1, 2019; Ord. 207 § 2 (part), 1999)
A. For fines imposed under this code for second and subsequent violations of the same ordinance, regulation, condition, or permit within one (1) year from the date of the first violation, the citation recipient of a fine may request a hardship waiver by completing a hardship waiver form and returning the form to the city clerk within ten (10) days of the date stated on the citation. The waiver request shall include a sworn affidavit and any supporting documents or materials demonstrating to the satisfaction of the city manager or his or her designee that: (1) the recipient of the fine has made a bona fide effort to comply after the first violation; and (2) payment of the full amount of the fine would impose an undue financial burden on the recipient.
B. The city manager or his or her designee shall provide written notice of the determination of a timely received waiver request to the recipient of the fine by first class mail. Service shall be deemed complete at the time the notice is deposited into the mail and addressed to the person at the address indicated on the hardship waiver form. The determination notice shall include a brief description of the reasons for the determination to approve or not approve the hardship waiver. The written determination of the city manager or his or her designee shall be final.
C. If the city manager or his or her designee determines not to approve a hardship waiver, the recipient of the fine shall, within ten (10) days of service of that determination, either remit the deposit amount to the city or appeal the citation in compliance with the applicable procedures in this code.
(Ord. 582 § 2, 2022)
A. An administrative citation on a form approved by the city manager or police chief may be issued to the responsible person by an enforcement officer for violations of the municipal code or applicable state code in the following manner:
1. Personal Service. In any case where an administrative citation is issued:
a. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation,
b. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings;
2. Service of Citation by Mail. If the enforcement officer is unable to locate the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned; or,
3. Service by Citation by Posting Notice. If the enforcement officer does not succeed in personally serving the responsible person, or by certified mail or regular mail, the enforcement officer shall post the administrative citation on any real property within the city in which the city has knowledge that the responsible person has a legal interest, and such posting shall be deemed effective service.
(Ord. 207 § 2 (part), 1999)
A. Each administrative citation shall contain the following information:
1. Date, approximate time, and address or definite description of the location where the violation(s) was observed;
2. The code sections or conditions violated and a description of the violation(s);
3. An order to the responsible person to correct the violations within the time specified, and an explanation of the consequences of failure to correct the violation(s);
4. The amount of the fine for the violation(s);
5. An explanation of how the fine shall be paid and the time period by which it shall be paid;
6. Identification of rights of appeal, including the time within which the citation may be contested and the place to send a written request for a hearing to contest the administrative citation; and
7. The name and signature of the enforcement officer and if possible the signature of the responsible person.
(Ord. 207 § 2 (part), 1999)
A. Upon receipt of a citation, the responsible person must do the following:
1. Pay the fine to the designated collector of the fine(s) as noted on the citation, within 30 days from the date of issuance of the administrative citation. All fines assessed shall be payable to the city. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city.
2. Remedy the violation(s), if the violation(s) is of such a nature that it can be remedied. If the responsible person fails to correct the violation(s), subsequent administrative citations may be issued for the same violation(s). The amount of the fine for failure to correct the violation shall increase at a rate specified in this chapter or by ordinance.
(Ord. 551 § 2, 2019; Ord. 207 § 2 (part), 1999)
Any recipient of an administrative citation may contest that there was a violation of the Murrieta Municipal Code, or that he or she is the responsible person, by submitting a written request for a hearing, and returning it to the designated collector as noted on the citation, within thirty (30) days from the date of the issuance of the administration citation, together with an advanced deposit of the fine. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.
(Ord. 610-24 § 22, 2024; Ord. 207 § 2 (part), 1999)
The Murrieta city manager or police chief shall designate the hearing officer for the administrative citation hearing. The hearing officer shall not be a city employee. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.
(Ord. 207 § 2 (part), 1999)
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