Chapter 1.10
CODE ENFORCEMENT ADMINISTRATIVE FINES
Sections:
1.10.010 Enforcement through administrative fine.
1.10.040 Issuance of administrative citation.
1.10.050 Review to contest administrative citation.
1.10.080 Review Officer’s decision.
1.10.090 Appealing Review Officer’s decision.
1.10.100 Collection of fines and charges.
1.10.010 Enforcement through administrative fine.
A person who has violated a regulatory provision of this code may be required to pay an administrative fine in accordance with the provisions of this chapter. (Gov. Code § 53069.4) (Ord. 1862)
1.10.020 Amount of fines.
The following fines shall be imposed for each separate violation of same code section:
A. $100.00 for a first violation;
B. $200.00 for a second violation within the same year; and
C. $500.00 for each additional violation in the same year. (Gov. Code § 36900)
1.10.030 Notice of violation.
A. The Code Enforcement Officer shall provide a reasonable period of time for the person who has violated a regulatory provision of the code to correct the violation, if the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, and does not create an immediate danger to health or safety.
B. If the person fails to cure the violation within the time provided by the Code Enforcement Officer, the Code Enforcement Officer is authorized to issue an administrative citation.
1.10.040 Issuance of administrative citation.
An administrative citation shall contain the following information:
A. The date of the violation.
B. The address or a description of the geographic location where the violation occurred.
C. The section of the code violated.
D. A description of the conditions which caused the code violation.
E. An order to bring the conditions into compliance with the code.
F. Information concerning the fine:
1. The amount of the fine which the citee is to pay;
2. The date, 20 working days from the date of the citation, by which the citee must pay the fine; and
3. The location where the citee must pay the fine.
G. Notice that the citee’s payment of the fine does not excuse a continued or subsequent violation of the code.
H. Notice of the citee’s entitlement to request an administrative review.
1.10.050 Review to contest administrative citation.
A. Request for Review. A citee may contest the citation by:
1. Completing a request for review form and returning it to the City Clerk within 20 days from the issuance of the administrative citation; and
2. Depositing with the City Clerk a refundable $25.00 deposit for the review.
B. Suspension of Payment of Fine. If the citee files a timely request for review, the requirement to pay the fine shall be suspended and the payment of the fine, if any, shall be in accordance with the decision of the Review Officer.
C. Processing Request.
1. Upon the receipt of a request for review, the City Clerk shall set the matter for hearing and provide the citee at least 10 days’ notice of the time, date, and location of the review.
2. If the City intends to submit any written material for consideration at the review, other than the citation, then the City Clerk shall provide copies of such additional material to the citee at least five working days prior to the review.
1.10.060 Review Officer.
The City Manager shall designate a competent person or persons to serve as a Review Officer.
1.10.070 Review procedure.
A. If the citee requesting the review fails to appear, the Review Officer shall enter a decision upholding the citation.
B. At the review, the City shall present its case in support of the contention that a violation of this code has occurred and that the citee is responsible.
C. At the review, the person contesting the penalty shall be given the opportunity to testify and to present evidence that a violation did not occur and/or the citee is not responsible for the violation.
1.10.080 Review Officer’s decision.
A. The Review Officer shall issue a written decision to uphold or set aside the administrative citation and shall present the reasons for the decision.
B. The City Clerk shall send a copy of the Review Officer’s decision to the citee with notice of the citee’s entitlement to appeal the Review Officer’s decision in Superior Court.
C. The decision of the Review Officer shall be the City’s final action on the matter. The decision shall be final as of the date of the decision.
D. If the Review Officer upholds the administrative citation, the City shall reimburse the citee’s $25.00 deposit.
1.10.090 Appealing Review Officer’s decision.
A. A citee may appeal the Review Officer’s decision by filing an appeal with the Superior Court, within 20 days from service of the Review Officer’s decision. (Code of Civil Procedure § 1094.6; Gov. Code § 53069.4)
B. Suspension of Payment of Fine. If the citee files a timely appeal with the Municipal Court, the requirement to pay the fine shall be suspended and the payment of the fine, if any, shall be in accordance with the decision of the Superior Court.
1.10.100 Collection of fines and charges.
If a citee fails to pay the fine in a timely manner, the City may collect any past due fines by use of all available legal means.