Chapter 2.56
ADMINISTRATIVE CITATIONS

Sections:

2.56.010    Applicability.

2.56.020    Definitions.

2.56.030    Administrative citation.

2.56.035    Notice of citation.

2.56.040    Amount of fines.

2.56.050    Payment of the fine.

2.56.060    Hearing request.

2.56.070    Hearing officer.

2.56.080    Hearing procedure.

2.56.090    Hearing officer’s decision.

2.56.100    Recovery of administrative citation fines and collection costs.

2.56.110    Right to judicial review.

2.56.120    Notices.

2.56.010 Applicability.

A. 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. As used in this chapter, “violation” includes, without limitation, noncompliance with conditions of approval of a discretionary permit.

B. The administrative citations process set forth in this chapter shall not apply to continuing violations of this code that pertain to building, plumbing, electrical, or other similar structural or zoning issues endangering the life, health, property or safety of the public or occupants. This shall not, however, prevent the city from utilizing the administrative citations process for building, plumbing, electrical, or other similar structural or zoning violations which are transient and noncontinuing in nature or which do not endanger the life, health, property or safety of the public or occupants.

C. These sections shall not supersede any other section of this code which addresses additional legal or administrative remedies available for city code violations. Use of the administrative citation process shall be at the city’s sole discretion. (Ord. 993 § 1, 2011)

2.56.020 Definitions.

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

“Enforcement officer” shall mean any city employee or agent of the city with the authority to enforce any provision of this code, including, but not limited to, building official, building inspector, code enforcement officer, fire chief, fire inspector, fire marshal, zoning administrator, city engineer, or police officer.

“Responsible party” shall mean, without limitation, any owner, tenant, occupant, operator, manager, permittee, contractor, worker or other person who has acted in any manner violating any provision of this code. (Ord. 993 § 1, 2011)

2.56.030 Administrative citation.

A. Whenever an enforcement officer charged with the enforcement of this code determines that a violation has occurred, the enforcement officer shall have the authority to issue an administrative citation to any responsible party.

B. 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 of this code violated and a description of the violation;

4. The name and signature of the citing enforcement officer; and

5. The fine amount. (Ord. 993 § 1, 2011)

2.56.035 Notice of citation.

Within fourteen days of issuance of the administrative citation, the city shall mail to the cited party a notice which contains the following information:

A. The amount of the fine for the code violation;

B. A description of the fine payment process, including a description of the time within which and the place at which the fine shall be paid;

C. An order prohibiting the continued or repeated occurrence of the code violation described in the administrative citation; and

D. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the manner in which a request for hearing form to contest the administrative citation may be obtained. (Ord. 993 § 1, 2011)

2.56.040 Amount of fines.

A. The amounts of the fines for code violations imposed pursuant to this chapter shall be set forth in a schedule of fines established by resolution of the city council.

B. The schedule of fines shall specify any increased fines for repeat violations of the same code provision within twelve months from the date of an administrative citation. (Ord. 993 § 1, 2011)

2.56.050 Payment of the fine.

A. The fine shall be paid to the city in the manner provided by the citation within thirty days from the date of the notice issued pursuant to SMC 2.56.035, if no hearing is requested. If a responsible party requests a hearing the fine amount shall be paid in deposit as part of the request for hearing.

If any person requests a hearing and fails to appear, payment of the fine shall be forfeited three days following the scheduled hearing date.

B. Payment of a fine shall not excuse or discharge any continued or repeated occurrence of the code violation that is the subject of the administrative citation. (Ord. 993 § 1, 2011)

2.56.060 Hearing request.

A. Any recipient of an administrative citation may contest a citation by completing a request for hearing form and returning it to the city clerk within thirty days from the date of the notice issued pursuant to SMC 2.56.035. The fine amount indicated on the administrative citation shall accompany any hearing request to be paid in deposit pending the outcome of the hearing; provided, that no person shall be denied a hearing on a clear showing of inability to pay as determined by the city manager.

B. A request for hearing form may be obtained from the city clerk.

C. The recipient 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 enforcement officer submits an additional written report concerning the administrative citation for consideration at the hearing, a copy of that report also shall be served on the recipient requesting the hearing at least five days prior to the date of the hearing. (Ord. 993 § 1, 2011)

2.56.070 Hearing officer.

The city manager or his designee shall designate a hearing officer for the administrative citation hearing. The hearing officer shall be qualified in any matter placed before him or her. He or she shall remove himself or herself from consideration of any matter which poses an actual conflict of interest involving the subject matter or parties. The employment, 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. Any person requesting a hearing may challenge the hearing officer’s impartiality prior to the hearing by filing a statement in writing explaining the reasons for the challenge with the city manager. The city manager shall act on any such challenge within ten days of receipt. (Ord. 993 § 1, 2011)

2.56.080 Hearing procedure.

A. A hearing shall be set for a date that is not less than fifteen days and not more than ninety days from the date that the request for hearing is filed in accordance with the provisions of this chapter.

B. At the hearing, the contesting party shall be given the opportunity to testify and to present evidence concerning the administrative citation.

C. The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a failure to exhaust administrative remedies.

D. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts stated.

E. The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the citation prior to issuing a written decision.

F. Hearing officer proceedings shall be open and public. (Ord. 993 § 1, 2011)

2.56.090 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 dismiss the administrative citation with findings. The decision shall be prepared by the hearing officer and shall be final.

B. The recipient of the administrative citation shall be served with a copy of the written decision.

C. If the hearing officer decides that the citation is upheld, the fine held on deposit shall be forfeited.

D. If the administrative citation involves noncompliance with conditions of approval of a discretionary permit, in addition to assessing administrative fines, the hearing officer may, at his or her discretion, refer the matter to the planning commission for possible action on the underlying permit. (Ord. 993 § 1, 2011)

2.56.100 Recovery of administrative citation fines and collection costs.

The city may collect any past due administrative citation fines and costs of collection by use of all available legal means. (Ord. 993 § 1, 2011)

2.56.110 Right to judicial review.

Any person aggrieved by a decision of a hearing officer may file a petition for review with the superior court pursuant to California Government Code Section 53069.4, as it may be amended. (Ord. 993 § 1, 2011)

2.56.120 Notices.

A. The administrative citation and all notices required to be given by this chapter shall be served on the responsible party by first class U.S. mail.

B. Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder. (Ord. 993 § 1, 2011)