Chapter 1.10
ADMINISTRATIVE PENALTIES – CITATIONS
Sections:
1.10.020 Code enforcement officer – Defined.
1.10.030 Administrative citation.
1.10.040 Amount of administrative penalties.
1.10.050 Payment of administrative penalties.
1.10.070 Advance deposit hardship waiver.
1.10.100 Hearing officer's decision.
1.10.110 Administrative penalties.
1.10.120 Administrative costs.
1.10.130 Failure to pay administrative penalties and costs.
1.10.150 Collection of administrative civil penalties.
1.10.170 Public hearing and protests of proposed liens.
1.10.190 Satisfaction of lien.
1.10.010 Applicability.
(a) This chapter provides for administrative citations which are in addition to all other civil legal remedies and which are an alternative to any criminal legal remedies which may be pursued by the City to address any violation of the City Code, or to any regulations adopted under the authority of the City Code. References to "City Code" include adopted regulations.
(b) Use of the remedies and procedures of this chapter shall be at the sole discretion of the Code enforcement officers authorized to proceed under this chapter, and the availability of the remedies and procedures of this chapter shall not limit or preclude the use of criminal or civil injunctive Code enforcement proceedings.
(c) The provisions of this chapter are pursuant to the authority granted by California Government Code Section 53069.4, as amended from time to time, or successor legislative enactment. (Ord. 1759 § 2, 10-24-00).
1.10.020 Code enforcement officer – Defined.
For the purposes of this chapter, "Code enforcement officer" shall mean any City employee or agent of the City with the authority to enforce any provision of the City Code. (Ord. 1759 § 2, 10-24-00).
1.10.030 Administrative citation.
(a) Whenever a Code enforcement officer charged with the enforcement of any provision of this Code to which this chapter is applicable determines that a violation of such Code provision has occurred, the Code enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.
(b) Whenever the Director of Finance is mentioned, it is understood that the reference includes "or designee."
(c) Each administrative citation shall contain the following information:
(1) The date of the violation;
(2) The address or a definite description of the location where the violation occurred;
(3) The section or sections of the City Code violated and an abbreviated description of the acts or omissions constituting the violation;
(4) The amount of the penalty for the Code violation;
(5) A description of the penalty payment process, including a description of the time within which and the place to which the penalty shall be paid;
(6) 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
(7) The name and signature of the citing Code enforcement officer.
(d) Prior to the issuance of an administrative citation for a violation which pertains to building, plumbing, electrical, or similar structural or zoning matters that do not create an immediate danger to health or safety, the Code enforcement officer shall provide a reasonable period of time not less than five business days to correct or otherwise remedy the violation.
(e) An administrative citation may be served by personal delivery on any person determined to be responsible for the violation if the responsible person can be located. If the Code enforcement officer cannot readily locate a responsible party for personal delivery of an administrative citation, then the citation may be served by certified mail, postage prepaid, return receipt requested, addressed to a location reasonably calculated to give notice to the responsible party of the administrative citation. All notices required by this chapter to be served subsequent to service of a citation may be served either by personal delivery or by certified mail, postage prepaid, return receipt requested, and shall be deemed effective on the date of personal delivery or when the certified mail is either delivered or delivery is attempted.
If the certified mail receipt is returned unsigned, then service may instead be effected by regular first class mail, postage prepaid; provided, that the notice sent by regular mail is not returned by the postal service as undeliverable, and shall be deemed effective on the date three days following deposit in the mail.
Where a violation of Code provisions concerning the condition of real property is involved, an administrative citation or subsequent written notices authorized by this chapter may be served by certified mail at the address as shown on the last equalized County assessment roll.
Where a violation of Code provisions concerning the condition of real property is involved and personal delivery or service by certified mail upon the property owner is unsuccessful, service may be effected alternately or additionally by posting a copy of the order at a conspicuous location on the property which is the subject of the order.
Where service of any notice required under this chapter is effected in compliance with the requirements of this section and with due process the asserted failure of any person to receive the notice shall not affect the validity of any proceedings taken under this chapter.
(f) If the Director of Finance determines not to issue an advance deposit hardship waiver (see SCCC 1.10.070, Advance deposit hardship waiver), the person shall remit the deposit to the City within ten days of the date of that decision in order to secure the hearing.
(g) The Director of Finance shall issue a written determination within ten days, listing the reasons for determining to issue or not issue the advance deposit hardship waiver. The written determination of the Director of Finance shall be final, subject only to judicial review as provided by law.
(h) The written determination of the Director of Finance shall be served upon the person who applied for the advance deposit hardship waiver. (Ord. 1759 § 2, 10-24-00).
1.10.040 Amount of administrative penalties.
(a) The amounts of administrative penalties for Code violations imposed pursuant to this chapter shall be set forth in the schedule of administrative penalties established by resolution of the City Council.
(b) The schedule of administrative penalties shall specify any increased penalties for repeat violations of the same Code provision by the same person within thirty-six (36) months from the date of an administrative citation.
(c) The schedule of administrative penalties shall specify the amount of any late payment charges imposed for the payment of an administrative penalty after its due date. (Ord. 1759 § 2, 10-24-00).
1.10.050 Payment of administrative penalties.
(a) The administrative penalty for an administrative citation shall be paid to the City through its Finance Department within thirty (30) calendar days from the date the administrative citation is served. If a hearing is requested pursuant to SCCC 1.10.060, the administrative penalty shall be deposited with the Finance Department or an advance deposit hardship waiver shall be submitted to the City Clerk as required in SCCC 1.10.070.
(b) Any administrative citation penalty shall be refunded in accordance with SCCC 1.10.100 if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation by the person charged in the administrative citation.
(c) Payment of an administrative penalty under this chapter shall not bar enforcement proceedings for any continuation or repeated occurrence of any Code violation that is the subject of an administrative citation. (Ord. 1759 § 2, 10-24-00).
1.10.060 Hearing request.
(a) Any recipient of an administrative citation may contest that there was a violation of the Code or that the party contesting is responsible for the violation by completing a request for hearing form and returning it to the City Clerk within thirty (30) calendar days from the date of service of the administrative citation, together with an advance deposit of the administrative penalty or notice that a request for an advance deposit hardship waiver has been filed pursuant to SCCC 1.10.070.
(b) A request for hearing form may be obtained from the City Clerk.
(c) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.
(d) If the Code 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 at least five days prior to the date of the hearing. (Ord. 1759 § 2, 10-24-00).
1.10.070 Advance deposit hardship waiver.
(a) Any person who intends to request a hearing to contest an administrative citation and who claims to be financially unable to make the advance deposit of the fine as required in SCCC 1.10.060 may file a request for an advance deposit hardship waiver.
(b) The request shall be filed with the City Clerk within thirty (30) days following the date of service of the administrative citation.
(c) The requirement of depositing the full amount of the administrative penalty shall be stayed unless or until the Director of Finance makes a determination not to issue the advance deposit hardship waiver.
(d) The Director of Finance may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the Director of Finance a sworn declaration, together with any supporting evidence demonstrating to the satisfaction of the Director of Finance the person's actual financial inability to deposit the full amount of the fine in advance of the hearing.
(e) If the Director of Finance determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the City within ten days of the date of that decision in order to secure the hearing.
(f) The Director of Finance shall issue a written determination listing the reasons for determining to issue or not issue the advance deposit hardship waiver. The written determination of the Director of Finance shall be final, subject only to judicial review as provided by law.
(g) The written determination of the Director of Finance shall be served upon the person who applied for the advance deposit hardship waiver. (Ord. 1759 § 2, 10-24-00).
1.10.080 Hearing officer.
The City Manager shall designate a hearing officer for the administrative citation hearing. (Ord. 1759 § 2, 10-24-00).
1.10.090 Hearing procedures.
(a) No hearing to contest an administrative citation before a hearing officer shall be noticed unless the administrative penalty has been deposited in advance in accordance with SCCC 1.10.060 or an advance deposit hardship waiver has been issued in accordance with SCCC 1.10.070.
(b) A hearing before the hearing officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The party contesting the administrative citation may request one continuance for any reason; provided, that the hearing officer is given the request for continuance at least twenty-four (24) hours in advance of the scheduled hearing and that the deferred hearing shall not be deferred more than ninety (90) days after the request for hearing was made. A request for continuance made less than twenty-four (24) hours before the scheduled hearing may be granted by the hearing officer based upon exigency only.
(c) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence and cross-examine witnesses concerning the administrative citation. That contestant may appear personally or through an attorney. Prehearing discovery is not authorized, but subpoena of witnesses and documents shall be permitted as authorized by law. The hearing officer may conduct the hearing informally, both as to rules of procedure and admission of evidence, in any manner which will provide a fair hearing.
(d) The failure of any recipient of an administrative citation to appear at the administrative citation hearing or, in the alternative, to present written or demonstrative evidence, shall constitute an admission of the violation by the recipient and an admission that the amount of the administrative penalty is appropriate as well as a failure to exhaust administrative remedies that may bar judicial review.
(e) The administrative citation and any additional report submitted by the Code enforcement officer shall constitute presumptive evidence of the respective facts contained in those documents.
(f) The hearing officer may continue the hearing and request additional information from the Code enforcement officer or the recipient of the administrative citation prior to issuing a written decision. (Ord. 1759 § 2, 10-24-00).
1.10.100 Hearing officer's decision.
(a) After considering all the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and the reasons for that decision. The decision of the hearing officer shall be issued within thirty (30) days following completion of the hearing. The decision of the hearing officer shall be final upon service on the responsible party, subject only to judicial review as allowed by law.
(b) The hearing officer shall consider any written or oral evidence submitted at the hearing consistent with ascertainment of the facts regarding the violation and compliance with the order.
(c) Within a reasonable time following the conclusion of the hearing, the hearing officer shall make findings and issue a decision regarding:
(1) The existence of the violation;
(2) The extent of compliance with the order;
(3) Person cited for the violation(s) is the responsible party.
(d) The hearing officer shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing.
(e) If the hearing officer determines from a preponderance of the evidence that the contestant committed the violation charged in the administrative citation, then the administrative penalty on deposit shall be used to satisfy the penalty assessed by the hearing officer and shall become a debt to the City collectable through the processes provided herein.
(f) If the hearing officer determines that the administrative citation should be upheld and the administrative penalty has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the administrative penalty as well as for payment of any administrative costs assessed by the hearing officer.
(g) If the hearing officer determines that the administrative citation should not be sustained, then the hearing officer shall issue a decision canceling the administrative citation, and if the administrative penalty was deposited with the City, then the City shall promptly refund the amount of the deposited administrative penalty.
(h) The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision within ten calendar days following its issuance.
(i) The employment, performance evaluation, compensation, and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation penalties upheld by the hearing officer. (Ord. 1759 § 2, 10-24-00).
1.10.110 Administrative penalties.
(a) The hearing officer may impose administrative penalties in an amount not to exceed the maximum provided in the schedule of administrative penalties adopted by Council resolution in effect on the date when the violation occurred.
(b) In determining the amount of the administrative penalty, the hearing officer may take any or all of the following factors into consideration:
(1) The duration of the violation;
(2) The frequency, recurrence, and number of violations, related or unrelated, by the same violator;
(3) The seriousness of the violation;
(4) The good faith efforts of the violator to come into compliance;
(5) The economic impact of the violation on the community;
(6) Such other factors as justice may require.
(c) Late payment charges shall accrue and be payable in the amount and by the terms specified in the schedule of administrative penalties.
(d) Administrative penalties sustained by the hearing officer are a debt owed to the City and in addition to all other means of enforcement, if the violation concerns the condition of real property, may be enforced by means of a lien against the real property on which the violation occurred in accordance with SCCC 1.10.160. Failure to pay administrative penalties within the time allowed under this chapter shall constitute a violation of this Code punishable as a misdemeanor. (Ord. 1759 § 2, 10-24-00).
1.10.120 Administrative costs.
(a) The hearing officer may assess administrative costs against the violator when the hearing officer determines that a violation has occurred and that compliance was not achieved.
(b) Administrative costs may include any and all costs incurred by the City (both direct and indirect costs) in investigating and commencing administrative proceedings for the violation as well as any and all costs incurred by the City in connection with the hearing before the hearing officer, including but not limited to costs of the Code enforcement officer incurred in preparation for the hearing and for participating in the hearing itself and costs of the City to conduct the hearing. Failure to pay administrative costs in the amount specified in the administrative hearing officer's decision on or before the date specified in that decision shall constitute a violation of this Code punishable as a misdemeanor and shall further be subject to collection and late charges as otherwise provided for administrative penalties herein. (Ord. 1759 § 2, 10-24-00).
1.10.130 Failure to pay administrative penalties and costs.
Failure to pay the assessed administrative penalties and/or administrative costs specified in a hearing officer's decision may be enforced as:
(a) A personal obligation of the violator; and/or
(b) If the violation is in connection with real property, a lien upon the real property in accordance with SCCC 1.10.160, which shall remain in effect until all of the administrative penalties, interest, and administrative costs are paid in full; and/or
(c) A criminal misdemeanor. (Ord. 1759 § 2, 10-24-00).
1.10.140 Judicial review.
Any person subject to a decision of the hearing officer may obtain review of the decision in the appropriate court pursuant to the provisions of California Government Code Section 53069.4. The administrative order shall provide notice of this right of judicial review and the time allowed therefor by law. (Ord. 1759 § 2, 10-24-00).
1.10.150 Collection of administrative civil penalties.
The City may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a lien pursuant to the provisions of this chapter. (Ord. 1759 § 2, 10-24-00).
1.10.160 Lien procedure.
(a) Whenever the amount of any administrative penalty and/or administrative cost imposed pursuant to this chapter in connection with real property has not been satisfied in full within ninety (90) days after the administrative penalty and/or administrative cost imposition becomes final, unless tolled by a timely request for judicial review pursuant to California Government Code Section 53069.4 or reversed by court order, this obligation may constitute a lien against any real property involved where any violation was determined to concern the condition of that real property.
(b) The lien provided herein shall have no force and effect until recorded with the County Recorder. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provisions of Section 697.340 of the California Code of Civil Procedure and may be extended as provided in Sections 683.110 through 683.220 of the California Code of Civil Procedure.
(c) Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law.
(d) Prior to recording any such lien, a report shall be prepared and filed with the City Clerk stating the amounts due and owing.
(e) The City Clerk shall fix a time, date, and place for hearing such report and any protests or objections thereto by the City Council.
(f) A written notice to be served on each property owner whose interest is disclosed by the current County equalized assessment roll not less than 10 days prior to the time set for the hearing. (Ord. 1759 § 2, 10-24-00).
1.10.170 Public hearing and protests of proposed liens.
(a) Any person owning a legal or equitable interest in real property proposed to be subject to a lien pursuant to SCCC 1.10.160 may file a written protest with the City Clerk and/or may protest orally at the City Council hearing.
(b) Each written protest or objection must contain a description of the property in which the protesting party has a legal or equitable interest and the grounds of such protest or objection. The grounds for protest or objection, and any evidence or testimony submitted in support or in opposition to the imposition of a lien, shall be confined to whether the amount of any administrative penalty and/or administrative cost imposed was satisfied in full within the time allowed by law and/or was successfully challenged by a timely writ of mandate.
(c) The City Council, after the hearing, shall adopt a resolution confirming, discharging, or modifying the amount of the lien based upon evidence produced at the hearing. (Ord. 1759 § 2, 10-24-00).
1.10.180 Recording of lien.
Thirty days following the adoption of a resolution by the City Council imposing a lien, the City Clerk may file the same as a judgment lien in the Office of the County Recorder of Santa Clara County. The lien may carry such additional administrative charges as set forth by resolution of the City Council. (Ord. 1759 § 2, 10-24-00).
1.10.190 Satisfaction of lien.
Once payment in full is received by the City for outstanding penalties and costs, the City Clerk shall either record a notice of satisfaction or provide any property owner or financial institution having a legal or equitable interest in the property with a notice of satisfaction so they may record this notice with the Office of the County Recorder. Such notice of satisfaction shall cancel the City's lien. (Ord. 1759 § 2, 10-24-00).