CHAPTER 4
ADMINISTRATIVE CITATIONS

Section 1400. Purpose.

Under the provisions of state law and this code, violations of certain sections of the code may be prosecuted criminally, enjoined by civil action, or abated by the District. The purpose of this chapter is to provide for an additional remedy to be referred to as administrative citations, as authorized by Government Code section 53069.4.

(Added, §1, Ord. 202, 12-03-24)

Section 1401. Definitions.

For the purpose of this chapter, the following definitions shall apply:

(a)    “Enforcement officer” means the General Manager of the District, or his or her designee.

(b)    “Person” means and includes person, firm, partnership, association, corporation, company or organization of any kind.

(c)    “Responsible party” means:

(1)    A person who causes a code violation to occur;

(2)    A person who maintains or allows a code violation to continue, by his or her action or failure to act;

(3)    A person who is the owner or a lessee or sub-lessee, with the current right of possession, of real property where a property-related code violation occurs or exists.

(4)    An individual whose agent, employee, or independent contractor causes a code violation by his or her action or failure to act.

(Added, §1, Ord. 202, 12-03-24)

Section 1402. Administrative Citations.

(a)    Citation Power. The General Manager of the District may issue an administrative citation as provided by this chapter.

(b)    Violations Subject to Citation. Any violation of the Castro Valley Sanitary District Code, condition of approval of a permit, license, or entitlement, condition of environmental review, or District agreement, is subject to the administrative citation process.

(c)    Correction Notice. If the violation is of a continuing nature, pertains to building, plumbing, electrical, or other similar structural or zoning issues, and is deemed by the enforcement officer not to create an immediate danger to health and safety, then the enforcement officer must issue a written correction notice to the responsible party before a fine may be imposed. Such notice must refer to the code section(s) violated and facts supporting the issuance of the correction notice. The correction notice must also describe the action(s) necessary to correct the violation, state the final date by which the correction must be completed, which shall be no less than 10 days and no more than 30 days from the date of issuance, as determined by the enforcement officer, and inform the responsible party that he or she is subject to citation if the correction is not made by that date. A correction notice is not appealable.

(d)    Fine Amount. Any responsible party who receives an administrative citation is subject to the payment of fines as set forth in this section. Administrative fines for administrative citations may be set by the Board of Directors by resolution in a schedule of fines, which may be amended from time to time, or in an applicable ordinance. If the fine is not otherwise set by resolution or ordinance, fines for administrative citations are as follows:

(1)    A fine not exceeding $100.00 for a first violation;

(2)    A fine not exceeding $200.00 for a second violation of the same provision of this code within one year;

(3)    A fine not exceeding $500.00 for each additional violation of the same provision of this code within one year.

(e)    Citation Contents. Each administrative citation must contain the following information:

(1)    Name of responsible party;

(2)    Date and location where the violation(s) was observed;

(3)    The code section(s) or condition(s) violated and a description of the violation(s);

(4)    The amount of the fine for the violation(s);

(5)    An explanation of how the fine must be paid, and the time period within which it must be paid;

(6)    Identification of rights of appeal and appeal process, including the time within which the administrative citation may be contested;

(7)    The name of the enforcement officer issuing the administrative citation; and

(8)    An order to correct the violation, the actions needed to correct the violation, the timeframe within which to correct the violation, and an explanation of the consequences for failing to correct the violation.

(f)    Delivery of Citations. An administrative citation must be issued by personal service on the responsible party or first-class United States mail to the responsible party’s last known address. Service is effective on the date the notice is personally delivered or mailed. The failure of a responsible party to receive a properly-served administrative citation does not affect the validity of the administrative citation or any proceeding undertaken to this chapter.

(g)    Satisfaction of Citation. Within 15 calendar days from the date the administrative citation is issued, the responsible party must do one of the following:

(1)    Pay the administrative fine designated on the administrative citation; or

(2)    Pay the administrative fine designated on the administrative citation and make a written request to the Executive Assistant to the General Manager and Clerk of the Board for an administrative hearing in accordance with Section 1404(a) of this Code.

(h)    Obligation to Correct Violation. Payment of a fine does not excuse or discharge a failure to correct continuing violations, nor does it bar further enforcement action by the District. Failure to correct the District code violation may result in the issuance of additional administrative fine citations, the commencement of a criminal prosecution, or the imposition of any other legal remedy available to the District.

(Added, §1, Ord. 202, 12-03-24)

Section 1403. Failure to Pay Fine.

(a)    Delinquency of Administrative Fine. Payment of an administrative fine is delinquent 30 days after the fine becomes due and payable. Any fines, costs, or penalties subject to collection under this Code may be recovered as a personal obligation against the responsible person. The enforcement officer must keep an itemized account of the fines, costs, penalties and abatement and or enforcement costs incurred by the District. Furthermore, the citee will also be required to pay to the District its actual cost of collection.

(b)    Delinquency Penalty. Any person who fails to pay to the District the amount of any fine imposed pursuant to this chapter, on or before the date that fine amount is due, is liable for the payment of an additional delinquency penalty. The delinquency penalty is equal to ten percent of the amount due the District, or ten percent of the amount of the fine remaining unpaid to the District if a portion of the fine amount was timely paid. Interest shall accrue on all delinquent accounts, exclusive of delinquent penalties at the rate of one-half of one percent per month, pro rata, of the total delinquent fine amount, from the date the fine becomes delinquent until the date that all delinquent fine amounts are paid to the District.

(c)    Collection Agency. The enforcement officer may refer to a collection agency all costs incurred by the District and fines and penalties associated with the enforcement action. Upon referral, the collection agency or the General Manager may seek collection through any legal means provided to them, including judicial action.

(d)    Judicial Action. The failure of any person to pay the fines, penalties and costs imposed by an administrative citation within the time specified on the citation may result in the filing of a claim in small claims court in the Superior Court of Alameda for recovery of the fine. The only issue to be adjudicated by the Court is whether or not the fines were paid. In the Court action, the District may also recover its collection costs, including costs relating to the hearing before the hearing officer, and any court fees, according to proof.

(Added, §1, Ord. 202, 12-03-24)

Section 1404. Appeal Hearings.

(a)    Request for Hearing. Any responsible party desiring to challenge the issuance of an administrative citation shall, within 15 calendar days from the date the administrative citation is issued, make a written request for a hearing with the District clerk setting forth the basis of the challenge. The responsible party shall cause to be deposited with the District’s finance department the entire administrative fine plus payment of a hearing fee, which may be established by a resolution of the Board and shall not exceed the reasonable cost of payment for the hearing officer. Subject to subsection (e) of this section, both parties shall equally share the cost for the hearing officer.

(b)    Selection of Hearing Officer. The General Manager shall designate or appoint, in accordance with applicable law, a Hearing Officer. The employment, performance evaluation, compensation, and benefits of the Hearing Officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the Hearing Officer. The District may designate a single hearing officer or use a list of hearing officers. A list of hearing officers shall contain no fewer than three names and shall not include any person employed by the District.

(c)    Hearing Procedure. Administrative hearings are informal and rules of evidence and discovery do not apply. The District bears the burden of proof to establish a violation and responsibility thereof by a preponderance of evidence. The citation is prima facie evidence of the violation, however, the enforcement officer who issued the citation is not required to attend or participate at the hearing. The responsible party and enforcement officer, if present, shall have an opportunity to testify, present witnesses and evidence and to cross-examine witnesses presented by the District in support of the administrative citation. The Hearing Officer may question any person who presents evidence or who testifies at the hearing. The Hearing Officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible party has caused or maintained the violation(s).

(d)    Hearing Decision. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue an administrative order at the conclusion of the hearing or within 30 days to uphold or overturn the citation and shall state the reasons thereof. The responsible party shall be served by first class mail with a copy of the administrative order. The date the decision is deposited with the U.S. Postal Service shall constitute the date of its service. The failure of a responsible party to receive a properly addressed decision shall not invalidate the citation or any hearing, District action or proceeding conducted pursuant to this chapter.

(e)    Decision in Favor of the Responsible Party. If the administrative hearing officer concludes the responsible party did not, in fact, violate any provision of the Castro Valley Sanitary District Code and dismisses the citation, then the District shall reimburse the responsible party the entire administrative fine amount and the hearing fee paid pursuant to subsection (a) of this section. Dismissal of an administrative citation shall not preclude the District from the commencement of a criminal prosecution, or the imposition of any other legal remedy available to the District.

(f)    Waiver of Right to Hearing. The responsible party’s failure to appear at a scheduled hearing shall constitute a waiver of the right to a hearing as well as a waiver of a right to judicial review of the imposition of the administrative fine.

(Added, §1, Ord. 202, 12-03-24)

Section 1405. Judicial Review.

If an administrative citation is rendered in favor of the District, the order shall be final. The responsible party may seek judicial review of the administrative order by filing an appeal with the Superior Court pursuant to California Government Code § 53069.4(b) within 20 days after date of service of the administrative order. A copy of the court-filed notice of appeal shall be served in person or by first-class mail upon the District.

(Added, §1, Ord. 202, 12-03-24)