(A) The City Council hereby finds that there is a need for an alternative method of enforcement for minor violations of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code. The City Council further finds that an appropriate method of enforcement for minor violations is an Administrative Citation Program, as authorized by Cal. Gov’t Code § 53069.4.
(B) The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedy established by law, which may be pursued to address violations of the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code.
(C) The City Council hereby finds and determines that enforcement of the Tulare Municipal Code, other ordinances adopted by the city, conditions on entitlements and terms and conditions of city agreements are matters of local concern and serve important public purposes. Consistent with its powers as a Charter City, the City of Tulare adopts this Administrative Citation Program provision in order to achieve the following goals, and:
(1) To protect the public health, safety and welfare of the citizens of the City of Tulare;
(2) To gain compliance with the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code in a timely and efficient manner;
(3) To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code;
(4) To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system; and
(5) To provide for an administrative process to appeal the imposition of administrative citations and fines.
(D) (1) The purpose of this chapter is to enable the city, acting as a charter city pursuant to Article XI, §§ 5 and 7 of the state’s Constitution, to impose and collect civil administrative fines in conjunction with the enforcement of provisions of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code. Notwithstanding the provisions herein, the city has and shall continue to employ the philosophy of voluntary compliance when seeking compliance with the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code.
(2) Prior to the implementation of the enforcement policies and penalties stated herein, voluntary compliance approaches, when practical, should first be used in order to educate city property owners and businesses concerning the requirements of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code, and the corrective action necessary to correct a violation of the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code.
(E) Use of this chapter shall be at the sole discretion of the city.
(1995 Code, § 1.61.005) (Ord. 04-1953, passed - -2004)