A. General. This section makes any violation of the provisions of this Code subject to civil fine.
1. This section establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines pursuant to Government Code § 53069.4 and the city's plenary police power.
2. The issuance of an administrative citation under this section is solely at the city's discretion and is one option the city has to address violations of this code. By adopting this section, the city does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations that the city may select in a particular case.
3. The purpose of issuing administrative citations pursuant to this section is to encourage voluntary and complete compliance with the provisions of this code for the protection and benefit of the entire community.
4. Notwithstanding any lease, license or any other instrument or agreement, the owner of any real property has the right to enter upon his or her own property to the extent reasonably necessary to abate any nuisance or correct any violation of this code existing thereon. The provisions of this section shall be an implied term of any instrument affecting the right to possession of real property located in the city.
5. Because of the serious blighting conditions that can result affecting the residents' health and safety, this section is intended to impose strict civil liability upon the owners and lessees of real property for all building, housing, fire and health code and zoning violations that occur upon the subject premises.
6. Administrative citations are available as a remedy, in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this chapter. Whenever a code enforcement officer, or other official designated by the City Manager, determines that a violation of this chapter has occurred, the official shall have the authority to impose an administrative fine on any person responsible for the violation. If the violation pertains to a building, plumbing, electrical, or other similar structural or zoning issue, that does not create an immediate danger to health or safety, the person responsible for the continuing violation shall be afforded thirty days to correct or otherwise remedy the violation prior to the imposition of an administrative fine.
B. Form of citation. The administrative citation shall contain the following information:
1. The date of the violation.
2. The address or a description of the location where the violation occurred.
3. The section of the code that was violated along with a description of the violation.
4. The amount of the fine date by which payment must be submitted unless an appeal hearing has been requested.
5. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation.
6. An explanation of the payment and hearing process.
7. The name and signature of the citing official.
8. The name of the person cited.
9. Any other information deemed necessary by the City Manager or City Attorney for enforcement or cost recovery purposes.
C. Service of the citation. The citation shall be personally served upon the citee or shall be sent by certified mail, return receipt requested, to the citee. If the citee is a property owner within the City and cannot be personally served, the citation shall be sent to the property owner by certified mail, return receipt requested at the address where the violation occurred and to the address of record shown on the most recent assessment roll.
D. Appeal Hearing.
1. The recipient of an administrative citation may request, in writing, a hearing before the Board of Appeals established pursuant to section 8.24.070 of this code.
2. The request for hearing shall be filed with the office of the City Manager within thirty days from the date of service of the citation. A copy of the citation and an address for providing notice of the hearing and decision shall be included with the written request.
3. As soon as practicable after receiving the written request for hearing, the City Manager shall fix a date, time and place for the hearing by the Board. Such date shall not be less than five days nor more than thirty days from the date the appeal was filed with the City Manager. Written notice of the time and place of the hearing shall be given at least five days prior to the date of the hearing to the party contesting the citation by the City Manager either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the citee at the address shown on the request for hearing.
4. The administrative citation and any additional report submitted by the code enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. The code enforcement officer may provide additional evidence and testimony at the hearing. Non-appearance of the code enforcement officer shall not affect the final decision of the Board.
5. At the hearing, the person cited shall be given the opportunity to testify and to present evidence concerning the administrative citation, including any request to reduce the amount of the fine to be imposed. In lieu of appearance, the citee may file a written declaration with the Board signed under penalty of perjury prior to the hearing date. A failure to file a written declaration before the hearing or personally attend the hearing will be considered a non-appearance. Non-appearance by the citee shall not affect the final decision of the Board.
6. The Board shall conduct the hearing pursuant to the applicable procedures of Chapter 8.24 of this code.
7. The Board of Appeals may uphold, modify, or overrule the terms of the administrative citation, including the amount of any fine and the time for making payment of any fine, through a written decision. The written decision shall be served pursuant to Section 8.25.020(C) within ten days after the hearing. The written decision shall be final and conclusive.
E. Amount of fine. A first violation shall be subject to a fine of no more than one hundred dollars. A second violation during the same twelve-month period shall be subject to a fine of no more than two hundred dollars. A third or subsequent violation during the same twelve-month period shall be subject to a fine of no more than five hundred dollars. The City Manager or his/her designee may establish a schedule of fines for specific sections of this Code or may provide a fine for a specific violation.
F. Payment of the Fine.
1. The citee shall pay the fine indicated on the administrative citation by remitting payment to the city within thirty days from the date of service of the citation. This requirement for payment of the fine shall be tolled during the pendency of an appeal of the citation.
2. Where the Board of Appeals has sustained the administrative citation and upheld or modified the fine, the citee shall remit payment of the fine to the city as indicated within the Board's written decision.
3. If the fine is not paid within applicable time period, the city may use all available legal means to collect any past due administrative citation fines or late payment charges.
G. Judicial Appeal. Any person aggrieved by the Board of Appeal's decision on an administrative citation may appeal the decision by filing a petition for review in a court of competent jurisdiction pursuant to the provisions set forth in Government Code Section 53069.4. (Ord. 2004-10 § 3(part), 2004)
1. This section establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines pursuant to Government Code § 53069.4 and the city's plenary police power.
2. The issuance of an administrative citation under this section is solely at the city's discretion and is one option the city has to address violations of this code. By adopting this section, the city does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations that the city may select in a particular case.
3. The purpose of issuing administrative citations pursuant to this section is to encourage voluntary and complete compliance with the provisions of this code for the protection and benefit of the entire community.
4. Notwithstanding any lease, license or any other instrument or agreement, the owner of any real property has the right to enter upon his or her own property to the extent reasonably necessary to abate any nuisance or correct any violation of this code existing thereon. The provisions of this section shall be an implied term of any instrument affecting the right to possession of real property located in the city.
5. Because of the serious blighting conditions that can result affecting the residents' health and safety, this section is intended to impose strict civil liability upon the owners and lessees of real property for all building, housing, fire and health code and zoning violations that occur upon the subject premises.
6. Administrative citations are available as a remedy, in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this chapter. Whenever a code enforcement officer, or other official designated by the City Manager, determines that a violation of this chapter has occurred, the official shall have the authority to impose an administrative fine on any person responsible for the violation. If the violation pertains to a building, plumbing, electrical, or other similar structural or zoning issue, that does not create an immediate danger to health or safety, the person responsible for the continuing violation shall be afforded thirty days to correct or otherwise remedy the violation prior to the imposition of an administrative fine.
B. Form of citation. The administrative citation shall contain the following information:
1. The date of the violation.
2. The address or a description of the location where the violation occurred.
3. The section of the code that was violated along with a description of the violation.
4. The amount of the fine date by which payment must be submitted unless an appeal hearing has been requested.
5. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation.
6. An explanation of the payment and hearing process.
7. The name and signature of the citing official.
8. The name of the person cited.
9. Any other information deemed necessary by the City Manager or City Attorney for enforcement or cost recovery purposes.
C. Service of the citation. The citation shall be personally served upon the citee or shall be sent by certified mail, return receipt requested, to the citee. If the citee is a property owner within the City and cannot be personally served, the citation shall be sent to the property owner by certified mail, return receipt requested at the address where the violation occurred and to the address of record shown on the most recent assessment roll.
D. Appeal Hearing.
1. The recipient of an administrative citation may request, in writing, a hearing before the Board of Appeals established pursuant to section 8.24.070 of this code.
2. The request for hearing shall be filed with the office of the City Manager within thirty days from the date of service of the citation. A copy of the citation and an address for providing notice of the hearing and decision shall be included with the written request.
3. As soon as practicable after receiving the written request for hearing, the City Manager shall fix a date, time and place for the hearing by the Board. Such date shall not be less than five days nor more than thirty days from the date the appeal was filed with the City Manager. Written notice of the time and place of the hearing shall be given at least five days prior to the date of the hearing to the party contesting the citation by the City Manager either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the citee at the address shown on the request for hearing.
4. The administrative citation and any additional report submitted by the code enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. The code enforcement officer may provide additional evidence and testimony at the hearing. Non-appearance of the code enforcement officer shall not affect the final decision of the Board.
5. At the hearing, the person cited shall be given the opportunity to testify and to present evidence concerning the administrative citation, including any request to reduce the amount of the fine to be imposed. In lieu of appearance, the citee may file a written declaration with the Board signed under penalty of perjury prior to the hearing date. A failure to file a written declaration before the hearing or personally attend the hearing will be considered a non-appearance. Non-appearance by the citee shall not affect the final decision of the Board.
6. The Board shall conduct the hearing pursuant to the applicable procedures of Chapter 8.24 of this code.
7. The Board of Appeals may uphold, modify, or overrule the terms of the administrative citation, including the amount of any fine and the time for making payment of any fine, through a written decision. The written decision shall be served pursuant to Section 8.25.020(C) within ten days after the hearing. The written decision shall be final and conclusive.
E. Amount of fine. A first violation shall be subject to a fine of no more than one hundred dollars. A second violation during the same twelve-month period shall be subject to a fine of no more than two hundred dollars. A third or subsequent violation during the same twelve-month period shall be subject to a fine of no more than five hundred dollars. The City Manager or his/her designee may establish a schedule of fines for specific sections of this Code or may provide a fine for a specific violation.
F. Payment of the Fine.
1. The citee shall pay the fine indicated on the administrative citation by remitting payment to the city within thirty days from the date of service of the citation. This requirement for payment of the fine shall be tolled during the pendency of an appeal of the citation.
2. Where the Board of Appeals has sustained the administrative citation and upheld or modified the fine, the citee shall remit payment of the fine to the city as indicated within the Board's written decision.
3. If the fine is not paid within applicable time period, the city may use all available legal means to collect any past due administrative citation fines or late payment charges.
G. Judicial Appeal. Any person aggrieved by the Board of Appeal's decision on an administrative citation may appeal the decision by filing a petition for review in a court of competent jurisdiction pursuant to the provisions set forth in Government Code Section 53069.4. (Ord. 2004-10 § 3(part), 2004)