Chapter 1.12
ADMINISTRATIVE ENFORCEMENT
Sections:
1.12.050 Administrative citation.
1.12.060 Contents of administrative citation.
1.12.070 Appeal of administrative citation.
1.12.080 Administrative Hearing Officers.
1.12.090 Administrative appeals.
1.12.100 Failure to obey subpoena.
1.12.110 Failure to attend administrative appeal.
1.12.120 Failure to comply with administrative enforcement order.
1.12.140 Failure to pay fines.
1.12.010 Purpose – Scope.
The purpose of this chapter is to encourage prompt compliance with this code and payment of penalties for violations thereof. This chapter provides for administrative penalties that may be imposed for violation of the following portions of this code: GJMC Title 6, Animals; Chapters 8.04, 8.08, 8.12, 8.16, 8.20 and 13.28 GJMC, environment; Chapter 9.04 GJMC, Offenses; Chapter 8.28 GJMC, Solid Waste; Chapters 12.16, 12.20 and 12.24 GJMC, streets, sidewalks and other public places; GJMC 3.12.070 regarding yard sales; Chapters 2.36 and 8.32 GJMC, vegetation; GJMC Title 21, Zoning and Development; GJMC Title 29, Transportation Engineering Design Standards (TEDS); and GJMC Title 28, Stormwater Management Manual.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-80)
1.12.020 Definitions.
For the purposes of this chapter, the following terms shall have the meanings stated below:
Administrative Hearing Officer or AO means the person with exclusive authority to hear appeals from administrative citations issued under this chapter. The AO may be a Municipal Court Judge.
Applicable sections means those sections in the municipal code contained within the chapters stated in GJMC 1.12.010.
City Manager shall mean the City Manager or the City Manager’s designee.
Code Enforcement Officer or CEO shall mean the City Manager or the City Manager’s designee, property inspector or any other City official or employee charged with enforcing the provisions of this chapter.
Municipal Court means the Municipal Court for the City of Grand Junction, Colorado.
Notice of violation means a formal written notice delivered, either by hand delivery, certified mail or posted on the subject property, to a person or entity who has violated any code section(s) referenced in GJMC 1.12.010. The notice shall contain either the parcel number or address, name or entity to whom the notice is being delivered, section(s) of the code allegedly being violated, a time frame in which to correct the violation and information regarding remedies the City may take to achieve compliance.
Responsible party shall mean a person or entity who has violated this code or, in the case of property subject to an administrative citation under this chapter, who has possession or control of any real property or premises, whether as owner, occupant or tenant, or in the case of a motor vehicle, as owner or operator of the same.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-81)
1.12.030 Authority.
(a) Any responsible party violating applicable sections of this code may be issued an administrative citation by a CEO as provided in this chapter.
(b) Notwithstanding any other provision of this code, responsible parties cited under the provisions of this chapter shall have only the appeal rights granted herein.
(c) Administrative citations shall be issued only after the responsible party has received a notice of violation and has been given time to comply as stated in the notice of violation.
(d) Each day a violation exists or continues shall constitute a separate and distinct offense for which a separate administrative citation may be issued; however, once an administrative citation has been issued for a violation or violations, no additional administrative citation shall be issued for the same violation(s) for 10 days or, if the responsible party appeals, until after the appeal has been heard and the responsible party has not complied with an order of the AO within 10 days of its issuance or such other time as the AO has specified.
(e) A fine assessed by means of an administrative citation issued by the CEO shall be payable directly to the City, and if not timely paid, shall be collected in accordance with the procedures specified in this chapter.
(f) Enforcement actions for violations of applicable code sections are intended to be alternative in nature. The City may pursue a civil, criminal or administrative action, as deemed necessary by the City, against a responsible party, but once an action is commenced all remedies must be pursued in that venue, unless the City chooses to pursue an alternative action upon staying the original action. Nothing in this chapter shall preclude a CEO, in his/her sole discretion, from immediately issuing a summons to court and/or a cease and desist order, for any alleged violation.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-82)
1.12.040 Notice of violation.
(a) Upon becoming aware of a violation of the code, a CEO may issue a notice of violation to the responsible party. The notice shall state the date and location of the violation, the approximate time the violation was observed and identifying, when applicable, the property in violation by address, legal description or parcel number. The notice shall refer to the applicable code section violated, describe the violation and describe the action required to correct the violation. The notice shall require the responsible party to correct the violation within 10 days, and shall explain the consequences of failure to correct said violation(s), including the issuance of an administrative citation. The terms of any cease and desist order shall separately state the terms of that order.
(b) Service of a notice of a violation on the responsible party shall be by any of the following means:
(1) To the responsible party at the site of the violation(s) or at any other location by personally delivering a copy of the notice of violation to the responsible party; or
(2) A copy of the notice may be mailed by first class mail to the last known address of the responsible party as the same is reflected in the City or county records; or
(3) A copy of the notice of violation may be posted in a conspicuous place on premises. The CEO shall photograph the posting with a camera showing the date and time of the posting. The photograph showing the posting shall be maintained by the CEO during the proceeding.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-83)
1.12.050 Administrative citation.
(a) If the responsible party has failed to correct the violation(s) noted in the notice of violation within the time provided on such notice, a CEO may issue an administrative citation to the responsible party on a form approved by the City Attorney.
(b) The CEO may require that the responsible party provide evidence of the responsible party’s identity and residential and/or working address.
(c) The CEO shall reasonably attempt to issue the administrative citation to the responsible party at the site of any violation(s). The CEO may issue the administrative citation to the responsible party by the methods described in GJMC 1.12.040(b).
(d) The CEO shall attempt to obtain the signature of the person receiving the administrative citation on the citation. If that person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent proceedings.
(e) Notice shall be deemed served on the earliest of:
(1) The date of receipt by the responsible party, if personally served;
(2) The second day after the mailing of the administrative citation; or
(3) The date the administrative citation was posted.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-84)
1.12.060 Contents of administrative citation.
(a) The administrative citation shall state the location of the violation(s) and the date and approximate time the violation(s) was observed. Where applicable, the administrative citation shall identify the property in violation by address or legal description.
(b) The administrative citation shall refer to the applicable code section(s) violated and describe the violation(s).
(c) The administrative citation shall describe the action required to correct the violation(s).
(d) The administrative citation shall:
(1) Require the responsible party to correct the violation(s) immediately;
(2) Provide a date for reinspection by the CEO; and
(3) Explain the consequences of failure to correct said violation(s), to include immediate abatement if necessary to protect the public’s health and/or safety.
(e) The administrative citation shall state the amount of fine imposed for the violation(s).
(f) The administrative citation shall explain how the fine shall be paid, the time period by which it shall be paid and the consequences of failure to pay the fine.
(g) The administrative citation shall briefly state the process for appealing the administrative citation.
(h) The administrative citation shall contain the signature of the CEO and the signature of the responsible party if it can be obtained.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-85)
1.12.070 Appeal of administrative citation.
(a) A person served with an administrative citation may file a notice of appeal within five calendar days after the service of the administrative citation. Strict compliance with the five-day notice shall be a jurisdictional prerequisite to any appeal brought under this chapter, and failure to comply shall bar any appeal.
(b) The notice of appeal shall be made in writing and shall be filed with the Municipal Court in person, by facsimile transmission or by mail. Regardless of the manner of filing such appeal, the notice of appeal must be filed with the Municipal Court within five calendar days from the date the administrative citation was served.
(c) As soon as practicable after receiving the written notice of appeal, the Municipal Court shall assign an AO who shall schedule a date, time and location for the hearing.
(d) Written notice of the date, time and location of the hearing shall be personally served upon or sent by first class mail to the responsible party at least 10 calendar days prior to the date of the hearing. The hearing shall be held no more than 21 days after the date upon which the administrative citation was issued.
(e) In computing the day a notice of appeal must be filed or the day by which a hearing must be held, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday or legal holiday, the period is extended to the first day thereafter which is not a Saturday, Sunday or legal holiday.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-86)
1.12.080 Administrative Hearing Officers.
(a) The Administrative Hearing Officer must be an attorney licensed to practice law in the State of Colorado with a minimum of three years of experience.
(b) Any person designated to serve as an AO is subject to disqualification for bias, prejudice, interest or for any other reason for which a judge may be disqualified in a court of law.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-87)
1.12.090 Administrative appeals.
(a) Administrative appeals are intended to be less formal; specifically, formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall follow the procedures provided in this section.
(b) The parties to an administrative appeal shall be the responsible party and the City, by and through the CEO and City Attorney. Parties may be represented by legal counsel. Each party may call and question witnesses, cross-examine witnesses and present evidence.
(c) The AO, at the request of any party to the hearing, may subpoena witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena. The form of, and the process for issuing, subpoenas shall be the same as in the Municipal Court.
(d) The AO, an attorney for the responsible party, and/or the City Attorney shall have the power to call and question witnesses; the AO shall review and rule on the relevancy of documentary or other tangible evidence and rule on evidentiary questions.
(e) The only issue to be decided by the AO is whether the CEO exceeded his/her authority in issuing the administrative citation. The City bears the burden of proof to establish the existence of a violation of the code. In the case of a nuisance abatement hearing, the City bears the burden of proof to establish the existence of a nuisance. The City’s meeting of this burden of proof shall constitute prima facie evidence that the CEO did not exceed his/her authority. The appellant shall have the burden of rebutting such evidence.
(f) The standard of proof required in an administrative appeal is a preponderance of the evidence.
(g) Copies, photographs and photocopies, if determined to be reasonably reliable, may be admitted into evidence or substituted in evidence in place of original documents.
(h) Hearings shall be recorded by electronic means and transcripts of such recordings shall be made at the expense of the party requesting the transcript.
(i) Whenever it appears that a petition is not filed within the time permitted by the particular law or ordinance involved, or that the AO for some other reason lacks jurisdiction, the case may be dismissed on the motion of any party or on the AO’s own motion.
(j) The decision of the AO shall be known as an administrative enforcement order.
(k) The AO may uphold the administrative citation and all penalties or dismiss the administrative citation and all penalties or may waive or conditionally reduce the penalties assessed by the administrative citation. The AO may also impose conditions and deadlines to correct the violations or require payment of any outstanding penalties.
(l) In the event that the AO does not dismiss the administrative citation, the AO shall assess reasonable administrative costs of not less than $100.00, but not to exceed $250.00.
(m) The administrative enforcement order shall become final on the date of mailing the order to the responsible party. A copy of the order shall be provided to the City.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-88)
1.12.100 Failure to obey subpoena.
It is unlawful for any person to refuse to obey a subpoena issued by an AO. Failure to obey a subpoena constitutes contempt and may be criminally prosecuted and have penalties imposed in the same manner as violation of a Municipal Court subpoena.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-89)
1.12.110 Failure to attend administrative appeal.
Any responsible party who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing; provided, that proper notice of the hearing has been provided.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-90)
1.12.120 Failure to comply with administrative enforcement order.
It is unlawful for a responsible party who has been served with a copy of the final administrative enforcement order to fail to comply with the order. Failure to comply with a final administrative enforcement order may be criminally prosecuted and have penalties imposed.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-91)
1.12.130 Penalties assessed.
(a) The City Manager shall develop a fine schedule based upon the City Manager’s assessment of the cost to the City for enforcing the provisions of this chapter. Such schedule shall be approved by the City Council. The schedule of fines shall be graduated in amount, with the smallest fine being assessed for the first administrative citation and increasingly larger fines for second, third and subsequent administrative citations. No single fine assessed for an administrative citation shall exceed $1,000. The schedule of fines shall be amended no more than once per year.
(b) Payment of the fine shall not excuse the failure to correct the violation(s) nor shall it bar further enforcement action by the City.
(c) All fines assessed shall be payable to the City of Grand Junction.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-92)
1.12.140 Failure to pay fines.
(a) The failure of any responsible party to pay the fines assessed by an administrative citation within the time specified on the citation or administrative enforcement order, if an administrative hearing is held, may result in the imposition of a late fee of $50.00, a 20 percent charge to defray the cost of collection, and interest at a rate of eight percent per annum on all unpaid amounts.
(b) In the event of failure to pay all fines assessed, the City Manager may refer the matter to the City Attorney for collection.
(c) In the case of delinquent charges, assessments or taxes, including fines and the costs of nuisance abatement, the City Manager shall, pursuant to § 31-20-105, C.R.S., certify the same to the Treasurer of Mesa County to be collected and paid over by the Treasurer of the County in the same manner as taxes are collected.
(d) An action or other process provided by law may be maintained by the City Attorney to recover or collect any amounts, including late fees, interests, and administrative costs, owing under this chapter.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-93)