Chapter 8.05
ADMINISTRATIVE CITATION
Sections:
8.05.020 Declaration of nuisances.
8.05.030 Re-inspection of nuisances.
8.05.080 Hearing Officer’s decision.
8.05.090 Late payment charges.
8.05.010 Applicability.
This chapter provides for administrative citations, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code. (Ord. 2013-2 § 1, 11-12-2013; Ord. 2006-3 § 1, 8-8-2006)
8.05.020 Declaration of nuisances.
Develop a form to notify any person owning, leasing, or having charge of the subject property that a nuisance exists. The form should be a courtesy letter that advises that person that an inspection has occurred, and that said condition constitutes a public nuisance. The following information will be included within the form:
A. The date of the violation.
B. An address, APN, and/or definitive description of the location where the violation occurred.
C. The section of the Code violated and a description of the violation.
D. A description of the action(s) necessary to abate the unlawful condition(s).
E. The date by which abatement action must be completed.
1. Develop a schedule for compliance;
F. A statement prohibiting continual or repeated reoccurrence.
1. Identify the amount of a fine for continual or repeated occurrence.
G. The name and signature of the citing Enforcement Officer. (Ord. 2006-3 § 1, 8-8-2006)
8.05.030 Re-inspection of nuisances.
A. After the period of time specified in the “declaration of a nuisance” form, a re-inspection of the premises shall be made to determine whether or not compliance has been achieved.
B. Subsequent to re-inspection, a notice of the results of such re-inspection shall be mailed to the involved parties.
1. If compliance is achieved, a courtesy letter shall be sent acknowledging compliance.
a. Include a statement prohibiting reoccurrence.
2. If compliance has not been achieved to the satisfaction of the Enforcement Officer, as described in the “declaration of a nuisance” form, an “administrative citation” shall be issued.
a. Each administrative citation shall contain the following information:
i. The date of the original inspections and the date of the re-inspection;
ii. The address, APN, or a definite description of the location where the violation occurred;
iii. The section of the Code violated and a description of the violation;
iv. The amount of the fine for the Code violation;
v. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;
vi. An order prohibiting the continuation or repeated occurrence of the Code violation described in the administrative citation;
vii. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and
viii. The name and signature of the citing Enforcement Officer. (Ord. 2006-3 § 1, 8-8-2006)
8.05.040 Payment of the fine.
The fine shall be paid to the City within 30 days from the date of the administrative citation.
A. Amount of the Fines.
1. The amount of the fines for Code violations imposed pursuant to this chapter shall be set forth in the schedule of fines established by resolution of the City Council.
2. The schedule of fines shall specify any increased fines of repeat violations of the same Code provisions by the same person within 36 months from the date of an administrative citation.
3. The schedule of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date. (Ord. 2006-3 § 1, 8-8-2006)
8.05.050 Hearing request.
A. Any recipient of an administrative citation may contest that there was a violation of the Code or that he or she is the responsible party by completing a request for hearing form and returning it to the City within 30 days from the date of the administrative citation, together with an advanced deposit of the fine.
B. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 days prior to the date of the hearing.
C. If the Enforcement Officer submits an additional written report concerning the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing a minimum five days prior to the date of the hearing. (Ord. 2006-3 § 1, 8-8-2006)
8.05.060 Hearing Officer.
The City Manager, or the Planning Director, shall designate the Hearing Officer for the administrative citation hearing. (Ord. 2006-3 § 1, 8-8-2006)
8.05.070 Hearing procedure.
A. No hearing to contest an administrative citation before a Hearing Officer shall be held unless the fine has been deposited in advance.
B. A hearing before the Hearing Officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that the request for hearing form is filed.
C. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the citation.
D. The failure of any recipient of an administrative citation to appear at the hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.
E. The administrative citation and any additional information submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.
F. The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the administrative citation prior to issuing a written decision. (Ord. 2006-3 § 1, 8-8-2006)
8.05.080 Hearing Officer’s decision.
A. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold or cancel the citation and shall list in the decision the reasons for that determination. The decision of the Hearing Officer shall be final.
B. If the Hearing Officer determines the citation should be upheld, then the fine amount on deposit with the City shall be retained by the City.
C. If the Hearing Officer determines that the citation should be canceled, then the City shall promptly (within five business days) refund the amount of the deposited fine.
D. The recipient of the citation shall be served with a copy of the written decision. (Ord. 2006-3 § 1, 8-8-2006)
8.05.090 Late payment charges.
Any person who fails to pay to the City any fine imposed on or before the date that fine is due also shall be responsible (liable) for the payment of any applicable late payment charges set forth in the schedule of fines. (Ord. 2006-3 § 1, 8-8-2006)
8.05.100 Notices.
A copy of the compliance order, and other notices, provided for in this chapter shall be sent to the owner and may be sent to any other person sought to be charged with the responsibility of correction or abatement. The notice shall be sent by certified mail, postage prepaid, and addressed as follows:
A. To the owner, as such person’s name and address appear on the last equalized assessment roll of the County or are known to the Director or the person authorized by the Director to give such notice; and
B. To any other such person, as such person’s name and address are known to the Director or the person authorized by the Director to give notice.
C. Where personal service or service by mail upon the property owner is unsuccessful, a copy of the order may be conspicuously posted at the property which is the subject of the order.
The person giving such notice shall file a copy thereof in the office of the Director, together with an affidavit or certificate stating the date and manner in which such notice was given. The failure of any owner or any other person to receive such notice shall not affect in any manner the validity of any proceeding taken pursuant to the provisions of this chapter. (Ord. 2006-3 § 1, 8-8-2006)