(a) Whenever an Enforcement Official determines that a violation of this Code has occurred, the Enforcement Official shall have the authority to issue an administrative citation to each responsible party for that violation.
(b) The administrative citation shall contain:
(1) The date of the violation.
(2) The name of the responsible party being cited.
(3) The address or a description of the location where the violation occurred.
(4) Identification and a brief description of the laws violated.
(5) Designation per cited violation whether it poses an immediate danger.
(6) Designation per cited violation whether it is a continuing violation.
(7) The grace period (if any) to cure each cited violation in order to avoid the administrative fine.
(8) The amount of the administrative fine for each cited violation that will be imposed if the cited violation is not cured within the grace period (if any). If the grace period lapses without abatement or correction of the violation, then administrative fines may be imposed commencing from the date of service of the administrative citation. If there is no grace period, the administrative fine shall be immediately imposed.
(9) The amount (if any) of the administrative fee representing the abatement costs associated with the violation.
(10) An order prohibiting the continuation or repeated occurrence of the cited violations.
(11) A notice that the administrative fine amount may automatically re-accrue and increase each day beyond the grace period (if any) that the cited violation persists, up to the statutory maximum.
(12) An order on how to correct or abate the violation.
(13) An order to the responsible party that the responsible party must report to the relevant enforcement agency when each cited violation is cured, along with the responsible party's contact information, in order for the relevant enforcement agency to verify.
(14) A brief description of how to contest the administrative citation and the deadline to do so.
(15) A brief description of the administrative fine payment process, including the timeframe to pay the administrative fine and administrative fee, the late fee for failure to pay on time, and any other consequences for failing to pay as required.
(16) The name and signature of the citing Enforcement Official.
(c) Continuing Violations. Each day a violation persists is a separate offense.
(d) Grace Period. The responsible parties for any violation that is not a grace period exception shall be given a reasonable grace period to cure the violation in order to avoid the administrative fine. The grace period shall be at least 24 hours unless the minimum period is otherwise specified in this Code or set by resolution of the Board. If a cited violation is a grace period exception, then the Enforcement Official may immediately impose the administrative fine for that cited violation.
(e) Compliance Reporting. The responsible party must cure each cited violation and must report to the relevant enforcement agency when each cited violation is cured within 24 hours of curing the violation. When reporting to the enforcement agency, the responsible party must provide their contact information and make accommodations for the enforcement agency to verify compliance within 72 hours, unless further delay is permitted by the enforcement agency.
(f) Fine Schedule. For any violation of this Code that is punishable as a misdemeanor, the maximum administrative fine shall be $1,000 per offense per day. For any violation of this Code that is punishable as an infraction, the maximum administrative fine shall be in accordance with Government Code Section 25132. The Board of Supervisors may adopt by resolution an administrative fee schedule governing administrative fines imposed pursuant to this Chapter for certain violations. Any fine shall be in addition to the fees assessed for the violation.
(g) Re-accruing Administrative Fines. The administrative fine for a cited violation shall automatically re-accrue and may increase, up to the set maximum, each day beyond the grace period (if any) that a cited violation persists.
(h) Administrative Fees. The County may adopt one or more administrative fees to recover the abatement costs associated with the issuance, enforcement, processing, and collection of administrative citations. The administrative fees shall be based on the actual costs incurred by the County, including overhead and indirect costs. The administrative fees shall be assessed on each administrative citation and collected in the same manner and at the same time as the administrative fine; however, the administrative fees shall be assessed only once per administrative citation.
(i) Late Fee. Any person who fails to pay any administrative fine or administrative fee imposed pursuant to the provisions of this Chapter shall be liable for the payment of a late fee. The late fee shall be in an amount established by resolution of the Board.
(j) Collection Costs. In addition to the administrative fee and late fee, the County is entitled to recover all costs, expenses, fees, and attorneys' fees associated with collecting upon any administrative fines, fees, or costs authorized by this Chapter.
(k) Payment of Administrative Fines. All fines and fees shall be payable to the County in accordance with the procedures specified in this Chapter, unless otherwise directed in the citation. Administrative fines and fees shall be paid to the County within 30 days from the date of service of the administrative citation, unless a hearing is properly requested. If a hearing is properly requested, and the fine is upheld or modified at that administrative hearing, then the confirmed fine amount shall be paid to the County within 30 days from the date of service of the decision. Payment of the fines and fees shall not excuse the failure to correct the violation or bar further enforcement action by the County.
(§ 2, Ord. 1526, eff. October 29, 2020)