Chapter 1.16
ADMINISTRATIVE ENFORCEMENT

Sections:

Article I. Administrative Citations

1.16.010    Declaration of purpose.

1.16.020    Authority.

1.16.030    Procedures.

1.16.040    Contents of notice of administrative citation.

1.16.050    Appeal of administrative citation.

1.16.060    Exhaustion of administrative remedies.

Article II. Administrative Penalties

1.16.070    Penalties assessed.

1.16.080    Failure to pay penalties.

1.16.090    Imposition of liens or special assessments.

Article III. Administrative Enforcement Appeals

1.16.100    Introduction.

1.16.110    Declaration of purpose.

1.16.120    Procedures for notification of enforcement hearing.

1.16.130    Disqualification of hearing body members.

1.16.140    Powers of hearing body.

1.16.150    Procedures at administrative enforcement hearing.

1.16.160    Failure to obey subpoena.

1.16.170    Failure to attend administrative enforcement hearing.

1.16.180    Administrative enforcement order.

1.16.190    Judicial review.

1.16.200    Failure to comply with administrative enforcement order.

Article IV. Service of Notices

1.16.210    Service of notice.

Article I.  Administrative Citations

1.16.010 Declaration of purpose.

The city council finds that there is a need for an alternative method of enforcement for violations of the municipal code and applicable state codes.  The city council further finds that an appropriate method of enforcement for violations is an administrative citation program as authorized by California Government Code Section 53069.4.  The procedures established in this article shall be in addition to criminal, civil or any other legal remedy established by law, which may be pursued to address violations of the municipal code or applicable state codes.  (Ord. C-3-09 §2(part), 2009).

1.16.020 Authority.

A.    Any person violating any provision of the municipal code or applicable state code may be issued an administrative citation by an enforcement official as provided in this article.

B.    Each and every day a violation of the municipal code or applicable state code exists constitutes a separate and distinct offense for which an administrative citation may issue.

C.    A civil penalty shall be assessed by means of an administrative citation issued by the enforcement official and shall be payable directly to the city.

D.    Civil penalties assessed by means of an administrative citation shall be collected in accordance with the procedures specified in Article III.  (Ord. C-3-09 §2(part), 2009).

1.16.030 Procedures.

A.    Upon discovering any violation of the municipal code or applicable state codes, an enforcement official may issue an administrative citation to a responsible person in the manner prescribed in this chapter.  The administrative citation shall be issued on a form approved by the city manager.

B.    In the case of a business, the enforcement official shall attempt to locate the business owner and issue the business owner an administrative citation.  If the enforcement official can only locate the manager of the business or the person in apparent charge of the business, the administrative citation may be issued to such person, who may sign or receive the administrative citation as agent for the responsible person or owner of the business.  A copy of the administrative citation shall also be mailed to the business owner or responsible person in the manner prescribed by Article IV.

C.    Once the responsible person is located, the enforcement official shall attempt to obtain the signature of that person on the administrative citation.  If the responsible person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent proceedings.

D.    If the enforcement official is unable to locate the responsible person for the violation, then the administrative citation shall be posted in a conspicuous place on or near the property and mailed to the owner of record as identified in the records of the San Mateo County assessor in the manner prescribed in Article IV.

E.    Provided that an administrative citation is properly issued to a responsible person, the failure of any person with an interest in the property to receive notice shall not affect the validity of any proceedings taken under this chapter.  (Ord. C-3-09 §2(part), 2009).

1.16.040 Contents of notice of administrative citation.

A.    The administrative citation shall refer to the date and location of the violations and the approximate time the violations were observed.

B.    The administrative citation shall refer to the municipal code sections violated and describe how the sections are violated.

C.    The administrative citation shall describe the action required to correct the violations.

D.    The administrative citation shall require the responsible person to immediately correct the violations and shall explain the consequences of failure to correct the violations.

E.    The administrative citation shall state the amount of penalty imposed for the violations.

F.    The administrative citation shall explain how the penalty shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the penalty.

G.    The administrative citation shall provide notice of the right to appeal.  (Ord. C-3-09 §2(part), 2009).

1.16.050 Appeal of administrative citation.

An administrative citation issued in accordance with this chapter may be appealed to the hearing body in accordance with Article III by filing with the city clerk a written notice of the appeal, accompanied by the applicable appeal fee, within ten calendar days of the date of said decision.  (Ord. C-3-09 §2(part), 2009).

1.16.060 Exhaustion of administrative remedies.

Failure to exhaust administrative remedies by complying with appeal provisions of Article III shall result in the administrative citation becoming final on the eleventh day following the issuance of the citation and shall bar any further challenge to the administrative citation.  (Ord. C-3-09 §2(part), 2009).

Article II.  Administrative Penalties

1.16.070 Penalties assessed.

A.    The penalties assessed for each administrative citation issued for the same violation, which is not a violation of building or safety provisions of this municipal code, shall not exceed the following amounts:

1.    First violation, one hundred dollars;

2.    Second violation within a one-year period, two hundred dollars;

3.    Third or subsequent violation within a one-year period, five hundred dollars.

B.    The penalties assessed for each administrative citation issued for the same violation, which is a violation of building or safety provisions of this municipal code, shall not exceed the following amounts:

1.    First violation, one hundred dollars;

2.    Second violation within a one-year period, five hundred dollars;

3.    Third or subsequent violation within a one-year period, one thousand dollars.

C.    If the responsible person fails to correct the violation, subsequent administrative citations may be issued for the same violation.  The amount of the penalty shall increase at a rate specified in this chapter.

D.    Payment of the penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.

E.    All penalties assessed shall be payable to the city finance department.  (Ord. C-3-09 §2(part), 2009).

1.16.080 Failure to pay penalties.

The failure of any person to pay the civil penalties assessed by an administrative citation within the time specified on the citation may result in the enforcement official referring the matter to the city finance director to file a claim with the small claims court.  Alternatively, the enforcement official may pursue any other legal remedy to collect the administrative fines.  (Ord. C-3-09 §2(part), 2009).

1.16.090 Imposition of liens or special assessments.

A.    Any penalty imposed for violations of this code, including any other codes or statutes that have been incorporated into this code, any administrative costs or other expenses of enforcement, and the cost or expenses associated with the abatement of a nuisance condition that are levied in accordance with this chapter, whether imposed or levied judicially or administratively, may be enforced by the recordation of a lien against the property of the owner of the real property where the nuisance condition existed.  Any such lien shall be recorded in the office of the San Mateo County recorder, and from the date of recording shall have the force, effect, and priority of a judgment lien.  A lien authorized by this subsection shall specify the amount of the lien, that the lien is being imposed on behalf of city, the date of the abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel.

B.    Before recordation of a lien authorized by this section, a notice of lien shall be served on the responsible party and/or owner of record of the parcel of land on which the nuisance existed, based on the last equalized assessment roll or the supplemental roll, whichever is more current.  The notice of lien shall be served in the same manner as a summons in a civil action.  If the owner of record cannot be found after a diligent search, the notice of lien may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in San Mateo County.

C.    Any fee imposed on city by the county recorder for costs of processing and recording the lien as well as the cost of providing notice to the owner in the manner described herein may be recovered from the owner in any foreclosure action to enforce the lien following recordation.

D.    As an alternative to the lien procedure described above, any penalty imposed for violations of this code, including any other codes or statutes that have been incorporated into this code, and any costs of enforcement or administration or expenses associated with the abatement of any nuisance levied in accordance with this chapter, whether imposed or levied judicially or administratively, may become a special assessment against the real property where the nuisance condition(s) existed.  Any special assessment imposed on real property pursuant to this section may 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 the same procedure and sale in case of delinquency as is provided for ordinary municipal taxes.  Notice of any special assessment that is levied on real property pursuant to this section shall be given to the owner by certified mail, and shall contain the information set forth in Government Code Section 38773.5(c).  All laws applicable to the levy, collection, and enforcement of municipal taxes, including those described in Government Code Section 38773.5(c), shall be applicable to such special assessment.  (Ord. C-3-09 §2(part), 2009).

Article III.  Administrative Enforcement Appeals

1.16.100 Introduction.

Sections 1.16.100 through 1.16.200 establish the procedures for conducting administrative enforcement hearings and appeals.  (Ord. C-3-09 §2(part), 2009).

1.16.110 Declaration of purpose.

A.    The city council finds that there is a need to establish a uniform procedure for administrative enforcement hearings conducted pursuant to the municipal code.  It is the purpose and intent of the city council to afford due process of law to any person who is directly affected by an administrative action.  Due process of law includes:  adequate notice, an opportunity to participate in the administrative hearing and an adequate explanation of the reasons justifying the administrative action.  These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised in any administrative enforcement action.

B.    The city manager is authorized to develop policies and procedures relating to the hearing body powers, hearing procedures, scope of the hearing, subpoena powers and other matters relating to administrative enforcement hearings.  (Ord. C-3-09 §2(part), 2009).

1.16.120 Procedures for notification of enforcement hearing.

A.    Where an administrative enforcement remedy or proceeding authorized by this chapter provides for an enforcement hearing, the enforcement official may request the hearing body to schedule a day, time and place for the hearing.

B.    Written notice of the time and place of the hearing shall be served at least ten calendar days prior to the date of the hearing to the responsible person and/or the property owner.

C.    The format and contents of the hearing notice shall be in accordance with rules and policies promulgated by the city manager.

D.    The notice of hearing shall be served by any of the methods of service listed in Article IV.  (Ord. C-3-09 §2(part), 2009).

1.16.130 Disqualification of hearing body members.

Any person designated to serve as a hearing body member is subject to disqualification for bias, prejudice, conflict of interest, or for any other reason for which a judge may be disqualified in a court of law.  (Ord. C-3-09 §2(part), 2009).

1.16.140 Powers of hearing body.

A.    The hearing body may continue a hearing based on good cause shown by one of the parties to the hearing or if the hearing body members independently determine that due process has not been adequately afforded.

B.    The hearing body, at the request of any party to the hearing, may subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary by the hearing body to decide the issues at the hearing.  All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena.  The city manager shall develop policies and procedures relating to the issuance of subpoenas in administrative enforcement hearings, including the form of the subpoena and related costs.

C.    By way of an administrative enforcement order, the hearing body may reduce, waive or conditionally reduce the penalties or late fees assessed by the citation.  The hearing body may also impose conditions and deadlines to correct the violations or require payment of any outstanding penalties.  The hearing body may assess reasonable administrative costs.

D.    The hearing body has the authority to require a responsible person to post a code enforcement performance bond to ensure compliance with an administrative enforcement order.

E.    The hearing body shall retain jurisdiction over the subject matter of an administrative enforcement hearing for the purposes of granting a continuance, ensuring compliance with an administrative enforcement order, modifying an administrative enforcement order, or where extraordinary circumstances exist, granting a new hearing.  (Ord. C-3-09 §2(part), 2009).

1.16.150 Procedures at administrative enforcement hearing.

A.    Administrative enforcement hearings are intended to be informal in nature.  Formal rules of evidence and discovery do not apply.

B.    The city bears the burden of proof at an administrative enforcement hearing or a nuisance abatement hearing to establish the existence of a violation of the municipal code or applicable state code, or to establish the existence of a public nuisance.

C.    The standard of proof to be used by the hearing body members in deciding the issues at an administrative hearing is a preponderance of the evidence standard.

D.    Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case.  (Ord. C-3-09 §2(part), 2009).

1.16.160 Failure to obey subpoena.

It is unlawful for any person to refuse to obey a subpoena issued by the hearing body.  Failure to obey a subpoena constitutes contempt and may be prosecuted as an infraction or a misdemeanor, and/or civil proceedings may be instituted to compel compliance with the subpoena.  (Ord. C-3-09 §2(part), 2009).

1.16.170 Failure to attend administrative enforcement hearing.

Any party whose property or actions are the subject of an administrative enforcement hearing and who fails to appear at the hearing is deemed to waive the right to a hearing and to an adjudication of the issues related to the hearing; provided, that proper notice of the hearing has been provided.  (Ord. C-3-09 §2(part), 2009).

1.16.180 Administrative enforcement order.

A.    The hearing body shall issue a written administrative enforcement order following a hearing conducted pursuant to this chapter.

B.    The decision of the hearing body shall be entitled “Administrative Enforcement Order” and shall be issued in accordance with the rules and procedures promulgated by the city manager.

C.    The administrative enforcement order shall contain:

1.    A decision of the hearing body;

2.    Findings in support of the decision; and

3.    Evidence in support of the findings.

D.    The administrative enforcement order shall be served on all parties by any one of the methods listed in Article IV of this chapter.

E.    The administrative enforcement order shall become final on the date of service of the order on all parties to the hearing before the hearing body.  (Ord. C-3-09 §2(part), 2009).

1.16.190 Judicial review.

Judicial review of an administrative enforcement order may be sought pursuant to a writ of administrative mandamus.  Once an administrative enforcement order becomes final as provided in this chapter, the time in which judicial review of the order must be sought shall be governed by California Code of Civil Procedure Section 1094.6.  (Ord. C-3-09 §2(part), 2009).

1.16.200 Failure to comply with administrative enforcement order.

It is unlawful for a party to an administrative enforcement hearing who has been served with a copy of the final administrative enforcement order pursuant to Section 1.16.180 to fail to comply with the order.  Failure to comply with a final administrative enforcement order may be prosecuted as an infraction or a misdemeanor, in addition to any other remedy that may be provided for by the municipal code or other law.  (Ord. C-3-09 §2(part), 2009).

Article IV.  Service of Notices

1.16.210 Service of notice.

A.    Whenever a notice is required to be given under the municipal code for enforcement purposes, the notice shall be served by any of the following methods unless different provisions are otherwise specifically stated to apply:

1.    Personal service.

2.    Certified mail, postage prepaid, return receipt requested.  Simultaneously, the same notice may be sent by first class mail postage prepaid.  If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to the notice by first class mail, postage prepaid, provided the notice sent by first class mail is not returned.

3.    Posting written notice conspicuously on or in front of the property.   The form of the posted notice shall be approved by the city manager.

4.    First class mail, postage prepaid.

B.    Service by certified or first class mail postage prepaid in the manner described above shall be effective on the date of mailing.  The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this municipal code.

C.    The notice requirements in this section do not apply to initial notices of violation, which may be sent by first class mail, postage prepaid.  Service of a notice of violation by first class mail is effective on the date of mailing.  (Ord. C-3-09 §2(part), 2009).