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HomeMy WebLinkAboutOrdinance 2310 N.C.S. 09/08/2008EFFECTIVE DATE ORDINANCE NO. 2310 N.C.S. OF ORDINANCE October 8, 2008 1 2 3 4 5 6 7 S 9 Introduced by Seconded by Mike O'Brien Samantha Freitas ESTABLISHING CHAPTER 1.16, ADMINISTRATIVE CITATIONS, TO THE PETALUMA MUNICIPAL CODE WHEREAS, in 2006 the City of Petaluma adopted the Code Enforcement ordinance, adding Chapters 1.10 through 1.15 to the Petaluma Municipal Code; and, WHEREAS, in 2007, the City of Petaluma created the Neighborhood Preservation/Code Enforcement Division to address blighted properties throughout the City and oversee the administrative enforcement of the Petaluma Municipal Code; and, WHEREAS, City staff seek tools to more efficiently enforce violations of the Petaluma Municipal Code; and, WHEREAS, administrative citations will allow City staff more efficiently enforce violations of the Petaluma Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA DOES ORDAIN, AS FOLLOWS: Section 1: Chapter 1 .l 6 is hereby added to Title 1 of the Petaluma Municipal Code to read: Chapter 1.16 Administrative Citations 1.16.010 Applicability. This chapter provides for administrative citations which are in addition to all other legal remedies, administrative, criminal or civil, which may be pursued by the City to address any violation of this code or other public nuisances. 1.16.020 Administrative citation. A. Whenever an enforcement officer charged with the enforcement of any provision of this code determines that a violation of that provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for Ordinance No. 2310 N.C.S. Page 1 the violation. 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 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. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation; 7. 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 8. The name, signature and department of the citing enforcement officer. 1.16.030 Amount of penalties. A. The amounts of the penalties for code violations imposed pursuant to this chapter shall be set forth in a schedule of penalties established by resolution of the City Council. B. The schedule of penalties shall specify any increased penalties for repeat violations of the same code provision by the same person or responsible party. C. The schedule of penalties shall specify the amount of any late payment charges imposed for the payment of a penalty after its due date. 1.16.040 Payment of the penalty. A. The penalty shall be paid to the City within thirty (30) days from the date of the administrative citation.. B. Any administrative citation penalty paid pursuant to subsection A of this section shall be refunded in accordance with Section l .l 6.080(E) 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 as charged in the administrative citation. C. Payment of a penalty under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation. Ordinance No. 2310 N.C.S. Page 2 1.16.050 Hearing request. A. Any recipient of an administrative citation may contest that there was a violation of this code, or that he or she is the responsible party, by completing a request for hearing form and returning it to the Community Development Department within thirty (15) days from the date of the administrative citation, together with an advance deposit of the penalty and a two hundred dollar appeal processing fee, except where an advance deposit hardship waiver has been obtained in accordance with procedures adopted by the Director of Administrative Services. B. A request for hearing form may be obtained from the Community Development Department. C. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to -the date of the hearing. D. Additional Reports. If the 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 provided to the person requesting the hearing at least five days before the date of the hearing. 1.16.060 Administrative hearing officer. The City Manager shall designate administrative hearing officers who shall conduct any hearings on contests to administrative citations. 1.16.070 Hearing procedure. A. No hearing to contest an administrative citation before an administrative hearing Officer shall be held unless the penalty and appeal processing fee has been deposited in advance in accordance with Section 1.16.050 or an advance deposit hardship waiver has been obtained in accordance with procedures adopted by the Director of Administrative Services. B. A hearing before the administrative 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. C. At the hearing; the party contesting the administrative citation, the enforcement official(s), witnesses, and any other interested parties shall be given the opportunity to testify and to present evidence concerning the administrative citation. D. The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the penalty and a failure to exhaust their administrative remedies. E. The administrative citation and any report submitted by the code enforcement official to the administrative hearing officer shall constitute prima. facie evidence of the respective facts contained in those documents. F. The administrative hearing officer may continue the hearing for good cause, and request additional information from the code enforcement official or the recipient of the Ordinance No. 2310 N.C.S. Page 3 administrative citation prior to issuing a written decision, provided that the hearing shall not be continued for more than fifteen (15) days. 1.16.080 Administrative hearing officer's decision. A. After considering all of the testimony and evidence submitted at the hearing, and within fifteen (15) days after the conclusion of the hearing, the administrative hearing officer shall issue a written decision regarding the administrative citation and shall list in the decision the reasons for that decision. The decision of the administrative hearing officer shall be final. B. B. The administrative hearing officer's decision shall include a statement that the person who received the administrative citation may contest the decision by filing a notice of appeal in accordance with the timelines and procedures specified in Government Code Section 53069.4. C. If the administrative hearing officer determines that the administrative citation should be upheld, then the penalty amount on deposit with the City shall be retained by the City. D. If the administrative hearing officer determines that the administrative citation should be upheld and the perialty has not been .deposited pursuant to an advance deposit hardship waiver, the administrative hearing officer shall set forth in the decision a schedule for payment of the penalty; which shall not extend more than one hundred and eighty (180) days from the date of the decision. E. If the administrative hearing officer determines that the administrative citation should be canceled or reduced, and the penalty was deposited with the City, then the City shall promptly refund the amount of the deposited penalty, together with interest at the average rate earned on the City's investment portfolio for the period of time that the penalty amount was held by the City. F. The recipient of the administrative citation shall be served with a copy of the administrative hearing officer's written decision. 1.16.090 Late payment charges. Any person who fails to pay to the City any penalty imposed pursuant to the provisions of this chapter on or before the date that penalty is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of penalties. 1.16.100 Recovery of administrative citation penalties and costs. The City may collect any past due administrative citation penalty or late payment charge by use of all available legal means. The City also may recover its collection costs, and reasonable attorney's fees, in any civil action brought to collect administrative citation penalties and late payment charges. 1.16.110 Right to judicial review. Any person aggrieved by the decision of an administrative hearing officer on an administrative citation may obtain review of the decision with the Sonoma County Courts in Ordinance No. 2310 N.C.S. Page 4 accordance with the timelines and procedures set forth in California Government Code Section 53069.4. 20 21 1.16.120 Notices. A. Method of Service. The administrative citation and all notices required to be given by this chapter shall be served on the responsible party either by personal service, by first class mail, or by certified mail, return receipt requested. B. Real Property. When real property is involved in the violation, the original notice, the administrative citation and all notices required to be given by this chapter shall be served on the responsible party and, if different, to the property owner at the address as shown on the last equalized county assessment roll. The City may, in its discretion, also serve notice on a tenant, a mortgagor or any other person having an interest in the property. C. Failure to Receive Notice. The failure of a person to receive a required notice shall not affect the validity of any proceedings taken under this chapter. INTRODUCED AND ORDERED POSTED/P~ ~R~o~r€;? THIS 4'h day of August, 2008. ADOPTED THIS 8'h day of September, 2008, by the following vote: AYES: Barrett, Freitas, Nau, O'Brien, Vice Mayor Rabbitt, MayorTorliatt NOES: None ABSENT: Harris ABSTAIN: None ATTEST: Claire Cooper, CMC, City Cler Ordinance No. 2310 N.C.S. Page 5 APPROVED AS TO FORM: