Chapter 1.7 ADMINISTRATIVE CITATIONS

Chapter 1.7
ADMINISTRATIVE CITATIONS

Sections:

1.7.01 Authority and Purpose.

1.7.02 Definitions.

1.7.03 Procedures—General.

1.7.04 Procedures—Issuance of administrative citation.

1.7.05 Contents of administrative citation.

1.7.06 Appeal of administrative citation.

1.7.07 Hearing procedures.

1.7.08 Fines assessed.

1.7.09 Collection of fines.

1.7.10 Other code enforcement methods.

1.7.11 Guidelines.

1.7.12 Severability.

1.7.01 Authority and Purpose.

A. The City Council finds and declares that there is a need for an alternative method of enforcement for violations of the Municipal Code and that an appropriate method of enforcement is an administrative citation program.

B. The Council additionally finds that it is in the public’s interest to streamline enforcement of violations of City laws by providing for administrative citations. This is so because the issuance of an administrative citation provides for a quick resolution of uncontested violations, but continues to give persons who have been issued citations a hearing before a neutral party. It also allows the City to recover costs associated with the enforcement process, which can only be done in very limited circumstances with a criminal citation. This makes code enforcement equitable since the community is not forced to fund correction of the damage a code violation can visit on the community.

C. Pursuant to Article XI, section 7, of the California Constitution, the City has the authority to make and enforce within its jurisdictional limits all laws for the public health, safety and welfare of the citizens of Clovis which are not in conflict with general state laws. In addition, California Government Code section 36901 specifically provides that the City may impose civil fines, penalties and forfeitures, up to a maximum of $1,000, for violations of City ordinances. Further, California Government Code section 53069.4 was adopted by the legislature in 1995 and became effective January 1, 1996. That statutory provision expressly authorizes the City to establish an administrative citation program for violations of city ordinances.

D. The Council further finds that certain violations of the Municipal Code may be of such a nature, or the administrative citation may be ineffective in ensuring compliance with the Municipal Code, that existing enforcement mechanisms may have to be utilized. These methods include, but are not necessarily limited to, the use of a criminal citation or complaint, or civil injunction. Therefore, nothing in this Chapter is intended to preclude the City’s use of alternative code enforcement methods. (Ord. 97-2, eff. March 10, 1997)

1.7.02 Definitions.

For purposes of this Chapter, the following definitions shall apply:

A. The term “City Manager” shall mean the City Manager for the City of Clovis or his or her designated representative.

B. The term “Person” means any natural person, firm, association, business, trust, organization, corporation, partnership, company or any other entity.

C. The term “Enforcement Officer” means any person authorized to enforce violations of the Municipal Code.

D. The term “Hearing Officer” means any person appointed by the City Manager to preside over the administrative hearings provided for by this Chapter.

E. The term “Responsible Party” means any person who is responsible for violating the provisions of the Municipal Code as more particularly described in section 1.7.04A of this Chapter. (Ord. 97-2, eff. March 10, 1997)

1.7.03 Procedures—General.

A. Any person violating any provision of the Municipal Code may be issued an administrative citation by an enforcement officer as provided for in this chapter.

B. Each and every day a violation of any provision of the Municipal Code exists constitutes a separate and distinct offense. Each section of the Municipal Code violated constitutes a separate violation for any day at issue.

C. A fine for violations of the Municipal Code may be assessed by means of an administrative citation issued by the Enforcement Officer and shall be payable directly to the City.

D. Administrative fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this chapter. (Ord. 97-2, eff. March 10, 1997, as amended by § 1, Ord. 00-30, eff. January 3, 2001)

1.7.04 Procedures—Issuance of administrative citation.

(a) Upon discovering or observing any violation of the Municipal Code, the Enforcement Officer shall determine the party responsible for the violation. If a business, the responsible party shall be deemed to be the person who is in immediate control of the business on site that day. The Enforcement Officer may also determine that the owner of the business is the responsible party.

(b) Except as provided for in subsection (d) of this section, prior to issuing an administrative citation to a responsible party, the Enforcement Officer shall provide written notice to the Responsible Party of the violation. That notice need not be in any particular form, but shall, at a minimum:

(1) Describe the nature of the Municipal Code violation, including identifying the Municipal Code section(s) violated;

(2) Identify what action is necessary to correct the violation;

(3) Provide the responsible party with not less than ten (10) calendar days to correct the violation, unless: (a) a lesser time is specified elsewhere in the Municipal Code for correcting the violation; or (b) the Enforcement Officer determines that a lesser time is necessary to protect the public health, safety or welfare of the citizens of the City; and

(4) Explain the consequences of a failure to correct the violation.

(c) The notice required in subsection (b) of this section may be sent to the responsible party by first class mail, certified mail, overnight mail, facsimile, telex, hand delivery, or by any other method reasonably likely to provide notice to the responsible party, by sending the notice to the responsible party’s business address, principal place of business address, residence address, or other address known to the Enforcement Officer by reliable information. The time within which to correct the violation shall run from the date the notice is sent.

(d) The notice required by subsection (b) of this section may be dispensed with for the following violations: (1) violations that create an immediate danger to the public health, safety and welfare, as determined by the Enforcement Officer, and for which immediate correction is required; (2) noncontinuing violations for which it is not possible or practical to provide prior notice and an opportunity to correct; and (3) repeat or chronic violations where either formal or informal notice of the violation, and previous reasonable opportunities to correct, have been provided. Examples of noncontinuing violations where notice is not practical include, but are not limited to, violations relating to drinking alcoholic beverages on public streets and in public parks, the maintaining of dogs at large and vicious dogs, the spillage of hazardous waste, and the lighting of fires.

(e) If after the expiration of the time period provided to the responsible party to correct the violation, the responsible party has not corrected the violation, the Enforcement Officer may issue an administrative citation to the responsible party by one of the following methods:

(1) The Enforcement Officer may attempt to locate the responsible party at the location of the violation during regular business hours if a business, or at any reasonable time if not a business. If the Enforcement Officer is able to locate the responsible party, the Enforcement Officer shall attempt to obtain the signature of that person on the administrative citation. If that person refuses to or does not sign the administrative citation, the lack of signature shall in no way affect the validity of the citation and subsequent proceedings. If the responsible party refuses to sign the citation, the Enforcement Officer may either leave the citation with the responsible party or mail the citation in accordance with this subsection.

(2) For property related violations, the Enforcement Officer may securely post the citation in a conspicuous place on the property and mail a copy of the citation to the responsible party by first class mail within five days of posting to the responsible party’s business address, principal place of business address, residence address, or other address known to the Enforcement Officer by reliable information.

(3) The Enforcement Officer may mail the citation to the responsible party by certified and first class mail to the responsible party’s business address, principal place of business address, residence address, or other address known to the Enforcement Officer by reliable information.

The failure of any person to receive an administrative citation shall not affect the validity of any proceedings taken under this chapter. Notice shall be effective on the date the citation is received if personally served, on the date the citation was posted if posted and mailed, or on the date mailed if sent by certified mail.

(f) The notice provided pursuant to subsection B of this section shall be sufficient notice for subsequent violations of the same code section occurring within one year of the notice even if the violation occurs at a different location, and the Enforcement Officer may proceed directly to an administrative citation on future violations of the same code section occurring within one year of the notice even if the violation occurs at a different location. (Ord. 97-2, eff. March 10, 1997, as amended by Ord. 98-4, eff. March 2, 1998, and § 2, Ord. 00-30, eff. January 3, 2001)

1.7.05 Contents of administrative citation.

The administrative citation shall be on a form approved by the City Manager and shall include the following:

(a) Date and location of the violation(s) and the approximate time the violation(s) were observed and/or discovered;

(b) Section(s) of the Municipal Code violated and description of how the section(s) are violated;

(d) Statements to require the violator(s) to immediately correct the violation(s) and to explain the consequences of failure to correct the violation(s);

(e) Amount of fine imposed for the violation(s);

(f) Explanation of how the fine shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the fine;

(g) Rights of appeal;

(h) Signature of the enforcement officer; and

(i) Signature of the violator or the address where the citation is served, posted or mailed. (Ord. 97-2, eff. March 10, 1997, as amended by § 3, Ord. 00-30, eff. January 3, 2001)

1.7.06 Appeal of administrative citation.

(a) Any person receiving an administrative citation which carries a monetary penalty shall within fifteen (15) calendar days from the issuance date either pay the fine or file an appeal with the City Manager. Warning citations may not be appealed.

(b) A notice of appeal shall be in writing and shall identify the citation being appealed and specify the basis for the appeal in sufficient detail so that a Hearing Officer can understand the grounds for appeal. If the deadline falls on a Saturday, Sunday or City holiday, then the deadline for filing an appeal shall be extended until the next regular business day.

(c) As soon as practicable after receiving a written notice of appeal, the City Manager shall appoint a Hearing Officer and fix a date, time and place for the hearing. Written notice of the time and place for the hearing shall be served at least ten (10) calendar days prior to the date of the hearing to the party appealing the citation by any one or more of the following means:

(1) Personal service; or

(2) First class mail at the address specified in the notice of appeal, or if no address is specified, at such other address known to the City Manager by reliable information; or

(3) If a property-related violation, by posting the notice of hearing conspicuously on or in front of the property on which the violation is located.

The failure of any person to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by normal delivery mail in the manner described above shall become effective on the date of mailing.

(d) Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person’s rights to an administrative determination of the merits of the citation and the amount of the fine. (Ord. 97-2, eff. March 10, 1997, as amended by Ord. 98-3, eff. April 2, 1998, and § 4, Ord. 00-30, eff. January 3, 2001)

1.7.07 Hearing procedures.

(a) The Hearing Officer shall conduct an orderly proceeding and accept evidence on which persons commonly would rely in the conduct of their business affairs. The technical rules of evidence shall not apply, except that irrelevant and unduly repetitious evidence shall be excluded. All evidence shall be received only on oath or affirmation. The hearing shall be informally conducted.

(b) During the hearing, the City Manager and/or Enforcement Officer shall present information or testimony relating to the violation and the appropriate means of correcting the violation. The owner, agent, party responsible for the violation, or any other interested person may present testimony or evidence concerning the violation and the means and time frame for correction.

(c) Each party shall have the right to: (1) call and examine witnesses on any matter relevant to the issues of the hearing; (2) introduce documentary and physical evidence; (3) cross-examine opposing witnesses on any matter relevant to the issues of the hearing; (4) impeach any witness regardless of which party first called the witness to testify; (5) rebut the evidence; and (6) be represented by anyone who is lawfully permitted to do so. The Hearing Officer shall direct the order of the proceedings.

(d) The Hearing Officer may take official notice, either during the hearing, or after submission of the matter for decision, of any fact which may be judicially noticed by the courts of this state or of official records, regulations, rules, and decisions of state and local agencies, boards and departments and of City and County ordinances. In addition, the Hearing Officer may take official notice of matters in its own files and of prior proceedings under this chapter involving the same issues. If applicable, the Hearing Officer may also take official notice of any generally accepted technical or scientific matter within the Hearing Officer’s expertise. The parties present at the hearing shall be informed of the matters to be noticed, and those matters should be noted in the record, referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority.

(e) The hearing shall be tape recorded. The parties, at their sole expense, may have the hearing recorded by a certified shorthand reporter.

(f) At the conclusion of the hearing, the Hearing Officer may sustain the citation, not sustain the citation, and may reduce, waive or conditionally reduce the fine stated in the citation. The Hearing Officer may also impose conditions and deadlines by which to correct the violation or pay any outstanding fine.

(g) The decision of the Hearing Officer regarding any appeal is the final administrative order and decision. There are no appeals to the City Council. Judicial review may be had only in accordance with the provisions of California Government Code Section 53069.4.

(h) The decision of the Hearing Officer shall be in writing and shall be served upon the responsible party in the same manner as notice of the hearing was served on the responsible party and is effective upon the date of service. The decision shall contain a statement advising of the right to judicial review, and shall be in substantially the following form:

This decision is the final decision of the City. You have a right to seek judicial review of the decision pursuant to Government Code Section 53069.4 by filing an appeal with the Municipal Court. The time to file the appeal is twenty (20) days after service of this decision. These are your only rights to judicial review. If you fail to file an appeal within the prescribed time, you will be barred from seeking judicial review.

(i) The time to pay a fine following an administrative hearing is five calendar days after service of the Hearing Officer’s decision unless the Hearing Officer provides for a longer time. (Ord. 97-2, eff. March 10, 1997, as amended by Ord. 98-3, eff. April 2, 1998, by direction of the City Attorney, February 1, 2000; § 5, Ord. 00-30, eff. January 3, 2001)

1.7.08 Fines assessed.

(a) With the exception of violations that are automatically deemed infractions under the Municipal Code, and with the exception of certain animal control violations and certain violations pertaining to the possession or use of illegal fireworks identified in this section, the amount of the fine assessed for each administrative citation issued for the same violation(s) within one calendar year shall be as follows:

(1) First administrative citation—One hundred dollars ($100.00);

(2) Second administrative citation—Five hundred dollars ($500.00);

(3) Third administrative citation—One thousand dollars ($1,000.00).

With the exception of certain animal control violations and certain violations pertaining to the possession or use of illegal fireworks identified below, for violations of the Municipal Code that are automatically deemed infractions, the amount of fine assessed for each administrative citation issued for the same violation within one calendar year shall be as follows:

(1) First administrative citation—Fifty dollars ($50.00);

(2) Second administrative citation—Two hundred dollars ($200.00);

(3) Third administrative citation—Five hundred dollars ($500.00).

For violations of the Municipal Code pertaining to animals making excessive noise, the amount of fine assessed for each administrative citation issued for the same violation within one calendar year shall be as follows:

(1) First administrative citation—Fifty dollars ($50.00);

(2) Second administrative citation—Two hundred dollars ($200.00);

(3) Third administrative citation—Five hundred dollars ($500.00).

For violations of the Municipal Code pertaining to the licensing of animals and animals at large, the amount of fine assessed for each administrative citation issued for the same violation within one calendar year shall be as follows:

(1) First administrative citation—Thirty dollars ($30.00);

(2) Second administrative citation—Sixty dollars ($60.00);

(3) Third administrative citation—Two hundred dollars ($200.00).

For violations of the Municipal Code pertaining to the possession or use of illegal fireworks, the amount of the fine assessed for each administrative citation issued for the same violation within one calendar year shall be as follows:

(1) First administrative citation—One thousand dollars ($1,000.00);

(2) Second administrative citation—One thousand dollars ($1,000.00);

(3) Third administrative citation—One thousand dollars ($1,000.00).

For the purposes of this subsection, the “same violation” shall mean violations of the same code section, even if they occur at a different location.

(b) Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the City.

(d) The failure of any person to timely pay a fine assessed by administrative citation shall result in the assessment of an additional late fee to be charged. The amount of the late fee shall be ten percent (10%) of the total amount of the administrative fine owed. (Ord. 97-2, eff. March 10, 1997, as amended by direction of the City Attorney, February 1, 2000; § 6, Ord. 00-30, eff. January 3, 2001; Ord. 06-13, eff. May 17, 2006)

1.7.09 Collection of fines.

(a) The failure of any person to timely pay a fine assessed by administrative citation constitutes a debt owed to the City. To enforce that debt, the City Manager may cause to be filed a claim with the small claims court or other appropriate court.

(b) The City Manager may also impose an assessment lien as set forth below or pursue any other legal remedy to collect such money.

(c) The City Manager may impose a special assessment against the property that is the subject of a citation, if the citation has been issued to the property owner, for the amount of the fine, plus late fees, plus an administrative charge established by resolution of the City Council to cover the costs of imposing the assessment. The assessment shall be imposed in accordance with the following procedures:

(1) The City Council shall confirm the amount of the assessment at a regularly scheduled meeting or at a special meeting.

(2) The property owner and any holder of a mortgage or deed of trust of record, shall be notified of the meeting to confirm the assessment in accordance with Section 1.7.06(c) of this chapter.

(3) After confirmation by the City Council, the City Manager shall record a notice of lien in the office of the County Recorder. When so made and confirmed, the costs shall constitute a lien on that property for the amount of the assessment.

(4) After confirmation and recordation, a copy may be turned over to the Tax Collector for the City. At that point, it will be the duty of the Tax Collector -to add the amounts of the respective assessments to the next regular tax bills levied against the lots and parcels of land for municipal purposes. Those amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale in the cases of delinquency as provided for with ordinary municipal taxes. Or, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. The notice of lien for recordation shall be in the form substantially as follows:

NOTICE OF LIEN

(Claim of the City of Clovis)

Under authority vested by provision of Chapter 1.7 of Title 1 of the Clovis Municipal Code, the City Manager of the City of Clovis did on or about the ___ day of __________, 20__, assess the cost of administrative fines and penalties on the real property hereinafter described; and the same has not been paid nor any part thereof and the City of Clovis does hereby claim a lien for such fines and penalties, to wit: the sum of _______ dollars. The same shall be a lien upon the real property until it has been paid in full and discharged of record.

The real property hereinafter mentioned, upon which a lien is claimed, is that certain parcel of land in the City of Clovis, County of Fresno, State of California, more particularly described as follows:

DATED: this ___ day of __________, 20___

(Name)

____________________ City of Clovis

(Job Title)

(d) If the failure by any person to pay a fine assessed by administrative citation result in the filing of an action with the small claims court or any other court to collect the fine, the City shall be entitled to collect all costs, including reasonable attorneys’ fees, associated with the filing of such action. (Ord. 97-2, eff. March 10, 1997, as amended by § 7, Ord. 00-30, eff. January 3, 2001)

1.7.10 Other code enforcement methods.

Nothing in this Chapter precludes the City from using any other available methods to enforce the provisions of the Municipal Code. (Ord. 97-2, eff. March 10, 1997)

1.7.11 Guidelines.

The City Manager may adopt guidelines to aid in the interpretation and enforcement of this Chapter. (Ord. 97-2, eff. March 10, 1997)

1.7.12 Severability.

If any section, subsection, phrase, or clause of this Chapter 7 is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have adopted this Chapter and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid. (Ord. 97-2, eff. March 10, 1997)