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2008-17 Administrative Citations for City Code Violations ORDINANCE NO. 2008-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE ADDING CHAPTER 1.03 TO THE MENIFEE MUNICIPAL CODE TO PROVIDE FOR ADMINISTRATIVE CITATIONS FOR CITY CODE VIOLATIONS AND SUPERSEDING COUNTY ORDINANCES AND CODE PROVISIONS ON THIS SUBJECT THE CITY COUNCIL OF THE CITY COUNCIL OF MENIFEE DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 1.03: Administrative Citations is added to the City of Menifee Municipal Code to read as follows: CHAPTER 1.03 ADMINISTRATIVE CITATIONS Sections 1.03.010 Applicability 1.03.020 Definitions 1.03.030 Administrative citations 1.03.040 Procedure for serving administrative citation 1.03.050 Amount of fine 1.03.060 Payment of Fine 1.03.070 Hearing request 1.03.080 Advance deposit hardship waiver 1.03.090 Hearing Officer 1.03.100 Hearing procedure 1.03.110 Hearing Officer's decision 1.03.120 Late Payment charges 1.03.130 Recovery of administrative citation fines and costs 1.03.140 Right to judicial review 1.03.150 Notices 1.03.010 Applicability. (a) This chapter provides for administrative citations in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code. (b) The administrative citations process applies to continuing violations of this Code that pertain to building, plumbing, electrical, or other similar structural or zoning issues when notice of such violation and time to correct the violation has been given. (c) Use of this chapter shall be at the sole discretion of the City, as determined by the City Manager or Code Enforcement Administrator. Ordinance No. 2008-16 1.03.020 Definitions. The following words and phrases shall have the meanings set out here when used in this section. (a) "Enforcement Officer" means the City Manager or Code Enforcement Administrator or the designee of either. (b) "Legal interest" means any interest that is represented by a deed of trust, quitclaim deed, mortgage,judgment lien, tax of assessment lien, mechanic's lien or other similar instruction, which is recorded with the county recorder. (c) "Responsible person" means any person whom an Enforcement Officer determines is responsible for causing or maintaining a violation of the Code. The term "responsible person" includes but is not limited to a property owner, tenant, person with a legal interest in real property, or person in possession of real property. (Ord. 98-04 § 1 (part)). 1.03.030 Administrative citation and content. An administrative citation may be issued by an Enforcement Officer to any responsible person violating any section of this Code. The administrative citation shall contain all of the following information: (a) The date, location and approximate time the violation occurred. (b) If the violation is one subject to correct (such as a building code or zoning violation) the time within which to remedy the violation. (c) The Code section violated and a description of how it was violated. (d) The amount of the fine imposed and the time and method for payment. (e) An order prohibiting another occurrence of the violation. (f) A description of the administrative citation review process, including the time to contest the citation and the manner in which to do so by obtaining a request for hearing form. (g) The name and signature of the citing enforcement officer. 1.03.040 Procedure for serving administrative citation. The Enforcement Officer may issue an administrative citation, on a form approved by the City Manager, to a responsible person, by service on that responsible person. If the responsible person is an individual, he/she shall be served with the citation. (a) If the responsible person is a corporation, the enforcement officer shall attempt to locate any one of the following individuals and issue to that individual an administrative citation: the president or other head of the corporation, vice-president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the corporation to receive service of process in a civil action. If the office address of any of the above-listed individuals is known to the City, a copy of the administrative citation also shall be mailed to one 4826-5286-4003.1 2 Ordinance No. 2008-16 of those individuals by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. (b) If the responsible person is a business other than a corporation, the enforcement officer shall attempt to locate the business owner and issue the business owner an administrative citation. If the enforcement officer can locate only the manager of the business, the administrative citation may be given to the manager of the business. If the address of the business is known, a copy of the administrative citation also shall be mailed to that address to the attention of the business owner or a responsible person. The mailing shall be sent by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to a regular mail, provided the notice that was sent by regular mail was not returned. (c) The enforcement officer shall attempt to obtain on the administrative citation the signature of the responsible person, or in cases in which the responsible person is a corporation or business, the signature of the person served with the administrative citation. If a responsible person or persons served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings. (d) If the enforcement officer is unable to locate a responsible person for the violation, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. (e) If the enforcement officer does not succeed in serving the responsible party personally, or by certified mail or regular mail, the enforcement officer shall post the administrative citation on any real property within the City in which the City has knowledge that the responsible party has a legal interest, and such posting shall be deemed effective service. (f) If the enforcement officer does not succeed in serving the responsible party personally, by certified mail or regular mail, and the City is not aware that the responsible party has a legal interest in any real property within the City, the enforcement officer shall cause the administrative citation to be published once a week for four successive weeks in a local newspaper published at lease once a week. 1.03.050 Amount of Fine. Administrative fines shall be set forth in a schedule adopted by resolution of the City Council, which shall include the amount of any late payment charges. 1.03.060 Payment of Fine. (a) The fine shall be paid to the City within 30 days from the date of the administrative citation. 4826-5286-4003.1 3 Ordinance No. 2008-16 (b) Any administrative citation fine paid pursuant to division (c) shall be refunded in accordance with this chapter 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 fine 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. 1.03.070 Hearing Request. (a) Any recipient of an administration citation may contest that there was a violation of the Code or that he or she is the responsible party by completing a request for hearing and returning it to the City within 30 days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed. (b) A request for hearing form may be obtained from the City Clerk. (c) The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 days prior to the date of the hearing. (d) 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 shall also be served on the person requesting the hearing at least five days prior to the date of the hearing. 1.03.080 Advance Deposit Hardship Waiver. (a) Any person who intends to request a hearing to contest that there was a violation of the Code or that he or she is the responsible party and who is financially unable to make the advance deposit of the fine may file a request for an advance deposit hardship waiver. (b) The request shall be filed with the City Clerk on an advance deposit hardship waiver application form, available from the City Clerk, within 10 days of the date of the administrative citation. (c) The requirement of depositing the full amount of the fine shall be stayed unless or until the City Clerk makes a determination not to issue the advance deposit hardship waiver. (d) The City Clerk may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited party submits to the City Clerk a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the City Clerk the person's actual financial inability to deposit with the City the full amount of the fine in advance of the hearing. (e) If the City Clerk determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the City within 10 days of that decision or 30 days from the date of the administrative citation, whichever is later. 4826-5286-4003.1 4 Ordinance No. 2008-16 (f) The City Clerk shall issue a written determination listing the reasons for his or her determination to issue or not issue the advance deposit hardship waiver. The written determination of the City Clerk shall be final. (g) The written determination of the City Clerk shall be served upon the person who applied for the advance deposit hardship waiver. 1.03.090 Hearing Officer. The City Manager shall designate one or more Hearing Officers for the Administrative Citation Hearing. The employment performance evaluation, compensation and any benefit of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of any administrative citation fines that could be upheld by the Hearing Officer. 1.03.100 Hearing Procedure. (a) No hearing to contest an administrative citation before a Hearing Officer shall be held unless the fine has been deposited in advance or an advance deposit hardship waiver has been issued. (b) A hearing before the Hearing Officer shall be set for a date that is not less than 15 days and not more than 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 shall be given the opportunity to testify and to present evidence concerning the administrative citation. (d) The failure of any recipient of any administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies. (e) The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. (f) The Hearing Officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision. 1.03.110 Hearing Officer's Decision. (a) After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a brief written decision to uphold or cancel the administrative citation that gives the reasons for that decision. The decision of the Hearing Officer shall be final. (b) If the Hearing Officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City. (c) If the Hearing Officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the Hearing Officer shall set forth in a decision a payment schedule for the fine. 4826-5286-4003.1 5 Ordinance No. 2008-16 (d) If the Hearing Officer determines that the administrative citation should be canceled and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine, together with interest at the average rate earned on the City's portfolio for the period of time that the fine amount was held by the City. (e) The recipient of the administrative citation shall be served with a copy of the Hearing Officer's written decision in the same manner as notices. 1.03.150. 1.02.120 Late Payment Charges. Any person who fails to pay to the City any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due, also shall be liable for the payment of any applicable late payment charges as set forth in the schedule of the fines. 1.03.130 Recovery of Administrative Citation Fines and Costs. The City may collect any past due administrative citation fine, Code violation abatement costs, late payment charges and any and all other amounts legally available by use of all available legal means. 1.03.140 Right to Judicial Review. Any person aggrieved by an administrative decision of a Hearing Officer may obtain review of the administrative decision by filing a petition for review with the Consolidated Courts of Riverside County in accordance with the timeliness and provisions et forth in Cal. Government Code § 53069.4 1.03.150 Notices. The administrative citation and all notices required given one or more of the following methods: (a) By personal service on the owner, occupant, or person in charge or control of the property. (b) By certified mail, return receipt requested, addressed to the owner or person in charge and control of the property, at the address shown on the last available assessment role, or as otherwise known. Service shall be deemed complete by the date shown on the return receipt or 10 days after the date of mailing of the Notice if it is not returned within that time. (c) By posting at a conspicuous place on the property or abutting public right-of-way and insertion of an advertisement at least once a week for the period of two weeks in a newspaper of general circulation in the city. This method shall be used only in the event that personal service or service by certified mail is not possible or feasible. Service shall be deemed received as of the date of posting. (d) Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder. 4826-5286-4003.1 6 Ordinance No. 2008-16 SECTION 2. EFFECTIVE DATE. This ordinance shall take effect 30 days from the date of its adoption. SECTION 3. This ordinance specifically supersedes provisions of the Riverside County Codes and County ordinances on the same subject. SECTION 4. The City Clerk shall certify to the adoption of this ordinance and cause the same to be posted as required by law. PASSED, APPROVED AND ADOPTED, this 6th day of January, 2009 by the following vote: AYES r eo�V' NOES: W&J ) ABSENT: ABSTAIN: Wallace W. Edgerton, Mayor ATTEST: Katy 8ennett City Clerk Approved as to form: Elizabe h Marlyn City Attorney 4826-5286-4003.1 7