Chapter 2.30
ADMINISTRATIVE CITATION PROCESS
Sections:
2.30.010 Administrative citations.
2.30.030 Citation authority granted to specific city employee positions.
2.30.040 Issuance of administrative citations.
2.30.090 Failure to remit fine.
2.30.100 Dismissal of citation.
2.30.130 Confirmation of costs.
2.30.140 Hearing confirming costs.
2.30.150 Enforcement of cost recovery order.
2.30.160 Satisfaction of lien or obligation.
Prior legislation: Ords. 279, 313, 772 and 813 and Code 1997 §§ 2-48 – 2-56.1.
2.30.010 Administrative citations.
A. Whenever in this code or in any other ordinance or resolution of the city, or in any order, rule or regulation issued or promulgated pursuant thereto, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, any person who willfully violates any such ordinance, regulation or duty to act shall be in violation of the South Lake Tahoe City Code and shall be subject to administrative citations and the citation process set forth by this chapter.
B. In any case where no specific penalty is provided in the code or ordinance itself or by separate resolution of the city council, the violation of any such provision of this code or any other ordinance or resolution of the city or any such order, rule, or regulation shall be punishable by a fine not exceeding $1,000. (Ord. 1085 § 1 (Exh. A))
2.30.020 Liability of agents.
When the provisions of any section of this code prohibit the commission of an act, not only the person actually doing the prohibited act, but also the employer and all other persons concerned with or aiding or abetting such person, shall be guilty of the offense described and liable for all penalties set forth herein. (Ord. 1085 § 1 (Exh. A))
2.30.030 Citation authority granted to specific city employee positions.
Any responsible person who violates any provision of the South Lake Tahoe City Code may be issued an administrative citation pursuant to this title, by an employee authorized to issue such citations. For purposes of enforcement of zoning, building, planning, finance, and other provisions of this code not ordinarily enforced by sworn law enforcement officers, the city attorney and his or her designee and the chief of police and his or her designee shall be empowered to issue citations pursuant to this chapter. (Ord. 1085 § 1 (Exh. A))
2.30.040 Issuance of administrative citations.
A. Employees authorized to issue administrative citations pursuant to this chapter shall adhere to the specific issuance procedures established by state law and set forth herein. The city manager or his designee may, from time to time, modify issuance procedures; provided, that the minimum requirements contained in this chapter are met.
B. Each and every day a violation exists may constitute a separate and distinct offense.
C. Fines shall be assessed for code violations committed by a responsible person or entity as follows:
1. A fine for each initial violation.
2. A fine for each instance of a second violation of the same code section within one year from the date of the first violation. (Ord. 1085 § 1 (Exh. A))
2.30.050 Service procedures.
An administrative citation on a form approved by the city manager may be served upon any responsible person by any of the following means: personal service, service of citation by mail, or posting of the notice in a conspicuous place on the property upon which the alleged violation occurred or existed.
Service of any notice in accordance with these requirements may be proven by declaration or affidavit. Service is completed upon personal delivery, upon deposit with the United States Postal Service, or upon posting of the citation. Failure of any person with an interest in the administrative citation to receive proper notice shall not affect the validity of any proceedings under this title. (Ord. 1085 § 1 (Exh. A))
2.30.060 Contents of notice.
Each administrative citation shall contain the following information:
A. The date of service of the citation and the date, time, address or description of the location where the violation(s) was observed.
B. The code section(s) and condition(s) violated and a description of the violation(s).
C. An order to the responsible person(s) to correct the violation(s) no later than a specified correction date.
D. An explanation of the consequences of the failure to correct the violation(s) in a timely manner.
E. The amount of the fine for the violation(s) plus an administrative fee set forth by separate resolution of the city council.
F. Notice of the right to appeal the citation and the time frame within which the citation must be appealed.
G. The name and signature of the enforcement officer and, if obtained, the signature(s) of the responsible person(s). (Ord. 1085 § 1 (Exh. A))
2.30.070 Appeals.
A. Any recipient of an administrative citation may appeal said citation by completing a written request for hearing and filing said appeal within 30 calendar days from the date the administrative citation is served or deemed to have been served, together with an advance deposit in the total amount of the fine, any late charges, and a hearing fee in an amount set forth by separate resolution of the city council.
B. Advance Deposit Hardship Waiver. If any recipient of an administrative citation is financially unable to meet the advance deposit amount or hearing fee as set forth in this section, but wishes to appeal the citation, he or she must complete an administrative citation hardship waiver request form and submit it to the South Lake Tahoe police department. Failure to remit the advance deposit within 20 business days subsequent to the denial of the waiver or 30 calendar days from the date of the administrative citation, whichever is later, will constitute a waiver of the individual’s right to a hearing.
C. A failure to file a timely appeal of the administrative citation shall be deemed a waiver of the right to appeal and to seek judicial review.
D. The decision of the hearing officer shall be final. (Ord. 1085 § 1 (Exh. A))
2.30.080 Hearing procedures.
A. No hearing to appeal an administrative citation shall be held unless a request for a hearing has been completed, submitted and the deposit has been paid in accordance with requirements set forth in this chapter.
B. The hearing officer shall set a hearing not more than 90 calendar days from the date the appeal is filed. The appellant shall be notified in writing of the time and place set for the hearing at least 15 calendar days prior to the date of the hearing.
C. The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the cited party created, committed or maintained the violation(s). Courtroom rules for evidence shall not apply. Relevant hearsay and written reports may be admitted whether or not the speaker or author is present to testify, if the hearing officer determines that such evidence is reliable. Admission of evidence and conduct of the hearing shall be controlled by the hearing officer who may set reasonable limits on the length of the hearing.
D. The failure of the appellant to appear at the hearing shall be deemed a waiver of the right to further appeal or to seek judicial review, and shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.
E. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within 30 business days of the hearing.
F. If the hearing officer denies the appeal, the deposit and hearing fee paid by the appellant shall be retained by the city. If the hearing officer grants the appeal, the city shall refund the appellant his or her deposit and hearing fee. (Ord. 1085 § 1 (Exh. A))
2.30.090 Failure to remit fine.
A. The failure of any person to pay an administrative citation fine or late penalty pursuant to this chapter may result in the imposition of a special assessment and/or lien against the real property on which the violation(s) occurred, and/or filing of an action with the small claims court for recovery of the fine and late penalty.
B. Where a cited party has failed to pay fines, interest and penalties assessed pursuant to this chapter, the city may refuse to issue, extend, renew and may suspend or revoke any city permit, license, entitlement or other city approval. (Ord. 1085 § 1 (Exh. A))
2.30.100 Dismissal of citation.
The city attorney or his or her designee and the chief of police or his or her designee may dismiss an administrative citation at any time if it is determined to have been issued in error, in which event any deposit will be refunded. (Ord. 1085 § 1 (Exh. A))
2.30.110 Recovery of costs.
A. The administrative citation process described in this chapter does not preclude the city from recovering any other code violation or nuisance abatement costs incurred by the city in performing its code enforcement efforts. Nor does the citation process described in this chapter change or impact in any way the city’s right to recover for violations of the city code at law or in equity.
B. Pursuant to Cal. Gov’t. Code § 38773, the city may make the expense of abatement of nuisances a lien against the property on which it is maintained and a personal obligation against the property owner.
C. The expenses or costs that may be recovered and enforced against responsible parties may include, but are not limited to, the following:
1. City’s direct costs for abatement of nuisances, together with applicable overhead;
2. Costs of salary and applicable overhead of those city employees and contract personnel involved in the investigation, enforcement, remediation or abatement of a nuisance;
3. City costs for equipment use or rental;
4. Court costs and witness fees;
5. Costs of geotechnical, engineering, accounting and other services incurred;
6. Administrative fines and civil penalties imposed;
7. Reinspection fees;
8. Costs relating to monitoring programs, necessary for correcting, monitoring, abating, or mitigating nuisances and violations;
9. Any other fee, cost, or expense reasonably and rationally related to the city’s enforcement efforts to abate a nuisance or correct a violation of this code or applicable state law; and
10. Treble damages recoverable pursuant to Cal. Gov’t. Code § 38773.7. (Ord. 1085 § 1 (Exh. A); Ord. 1121 § 1 (Exh. A.2))
2.30.120 Attorney’s fees.
Attorney’s fees may be recovered by the prevailing party. The city may elect, at the onset of any court action in connection with a nuisance abatement proceeding, to seek recovery of reasonable attorney’s fees for legal services in connection with said proceedings. In the event the city makes such an election, recovery of attorney’s fees shall not be limited to the city; the prevailing party in such proceedings shall recover its reasonable attorney’s fees in accordance with Cal. Gov’t. Code § 38773.5(b) or any successor legislation thereto. (Ord. 1121 § 1 (Exh. A.2))
2.30.130 Confirmation of costs.
A. Following the conclusion of the city’s remediation, abatement or corrective actions, the department which oversaw the remediation, abatement or corrective action shall prepare a report describing any work performed by the city and an itemized list of costs the city is authorized to recover pursuant to SLTCC 2.30.110, listing each parcel of property affected by the remediation, abatement or corrective actions and listing after each such parcel the proportion of the total cost, including administration, to be assessed against each parcel.
B. A copy of such report and notice of the right to request a hearing to confirm the costs shall be mailed to each person named in the notice declaring the nuisance at the address therein given and to any person who shall claim an interest in any affected parcel and has requested a copy of such report.
C. If a hearing to confirm the costs is not requested within 15 calendar days of the date of the notice, then the hearing may be waived. If a hearing is requested within 15 calendar days of the date of the notice, then a notice of the time and place of the confirmation of costs hearing shall be sent to each person named in the notice declaring the nuisance at the address therein given and to any person who shall claim an interest in any affected parcel, and notice and a copy thereof shall be posted in a public place at the City Hall, all of which shall be done not later than 10 days prior to the date set for such hearing. (Ord. 1121 § 1 (Exh. A.2))
2.30.140 Hearing confirming costs.
A. At the time and place set forth in such notice, the city manager, or his or her designee, shall hear and consider the report and any supporting evidence relating to the city’s remediation, abatement or corrective actions, as well as any objections to the report from any person who is an owner of record for the property or anyone who has an interest in the property.
B. The city manager, or his or her designee, at the confirmation of costs hearing shall limit the scope of review to the report describing the work performed and the itemized account of costs together with any objections to its accuracy and may make such revisions, corrections or modifications in the report or the account as may be just and reasonable. At the confirmation of costs hearing, the city manager, or his or her designee, shall not consider evidence regarding the merits of the previous abatement hearing or review the decision ordering the administrative or summary abatement.
C. At the conclusion of the hearing, or waiver thereof, the city manager, or his or her designee, shall make any necessary modifications to, deny, or affirm the costs contained in the report and shall issue a written final order of confirmation of costs. The final order shall contain a notice to the property owner that second or subsequent abatements carried out on the property may be subject to payment of treble costs and attorney’s fees in accordance with SLTCC 2.30.110 and 2.30.120.
D. The decision of the city manager, or his or her designee, relating to the confirmation of costs shall be final. (Ord. 1121 § 1 (Exh. A.2))
2.30.150 Enforcement of cost recovery order.
A. In accordance with Cal. Gov’t. Code § 38773, the director of finance, or his or her designee, may enforce the final order of confirmation of costs through the following methods:
1. As a personal obligation against the owner of record of the parcel of land on which the nuisance was maintained, based on the last equalized assessment roll or the supplemental roll, whichever is more current; and/or
2. Either:
a. As a recorded lien, in accordance with the procedures set forth in Cal. Gov’t. Code § 38773.1, against any real property which was the subject of the order; or
b. As an assessment, in accordance with the procedures set forth in Cal. Gov’t. Code § 38773.5, against any real property which was the subject of the order, to be collected in the same manner as municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment.
B. The city attorney may seek judicial enforcement for the foreclosure of the lien, where appropriate. If the city seeks to recover costs as a personal obligation of the responsible party, the city attorney shall collect the obligation by use of all appropriate legal means.
C. Pursuant to Cal. Gov’t. Code § 38773.7, the city may seek treble damages for the abatement costs where the corrective action arose out of or constituted a second or subsequent civil or criminal judgment within a two-year period.
D. An error in the name of the owner or agent in charge of the property shall not void any action to enforce cost recovery nor will a failure to receive the notice of the lien or assessment render the action void. (Ord. 1121 § 1 (Exh. A.2))
2.30.160 Satisfaction of lien or obligation.
Upon payment in full for all costs ordered pursuant to SLTCC 2.30.140, the director of finance shall promptly issue a notice of compliance which shall be recorded in the real property records of the county if a lien or assessment was recorded. (Ord. 1121 § 1 (Exh. A.2))