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HomeMy WebLinkAboutCC ORD 1996-2121 Adds Ch. 1.40 [1.44], administrative citations (1.44)ORDINANCE NO. 96-2121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 1.48 TO THE NATIONAL CITY MUNICIPAL CODE RELATING TO ADMINISTRATIVE CITATIONS BE IT ORDAINED by the City Council of the City of National City that Chapter 1.48 is hereby added to the National City Municipal Code, to read as follows: Chapter 1.48 ADMINISTRATIVE CITATIONS Sections: 1.48.010 Applicability 1.48.020 Enforcement Officer - Defined 1.48.030 Administrative Citation 1.48.048 Method of Service 1.48.050 Amount of fines 1.48.060 Payment of the fine 1.48.070 Hearing request 1.48.080 Hearing officer 1.48.090 Hearing procedure 1.48.100 Hearing officer's decision 1.48.110 Recovery of administrative citation fines and costs 1.48.120 Right to judicial review 1.48.010 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. B. The administrative citations process set forth in this Chapter does not apply to continuing violations of this Code, such as those that pertain to building, plumbing, electrical, or other similar structural or zoning issues. C. Use of this Chapter shall be at the sole discretion of the City, subject to Section 1.48.010(B) . 1.48.020 Enforcement Officer - Defined. For purposes of this Chapter, "enforcement officer" shall mean any City employee or agent of the City with the authority to enforce any provision of this Code. Ordinance No. 96-2121 Page 2 of 6 1.48.030 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 the violation. B. Each administrative citation shall contain the following information: violation occurred; violation; 1. The date of the violation; 2. The address or a definite description of the location where the 3. The section of this Code violated and a description of the 4. The amount of the fine for the Code violation; 5. A description of the fine payment process, including a description of the time within which and the place to which the fine 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 maybe obtained; and 8. The name and signature of the citing enforcement officer. 9. The administrative citation need not be signed by the person responsible for the violation. 1.48.048 Method of Service. The administrative citation and all notices required to be given under this Chapter shall be served on the person charged in the citation by any of the following methods: Ordinance No. 96-2121 Page 3 of 6 A. Personal service; or B. Certified mail, postage prepaid, return receipt requested. Simulta- neously, the same notice may be sent by regular mail. If a notice that is 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. C. Posting the notice conspicuously on or in front of the property. Service by certified or regular mail in the manner described above shall be effective on the date of mailing. Service by mail shall be to the responsible person's address as indicated on the current assessment roll of the San Diego County Assessor. 1.48.050 Amount of Fines. The following fines shall be imposed for each separate violation of the same Code section: A. $100 for a first violation; B. $200 for a second violation within the same year; and C. $500 for each additional violation in the same year. 1.48.060 Payment of the Fine A. The fine shall be paid to the City within thirty (30) days from the date of administrative citation. B. Any administrative citation fine paid pursuant to subsection (A) shall be refunded in accordance with Section 1.48.100 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. 1.48.070 Hearing Request A. Any recipient of an administrative citation may contest that there was a violation of the Code or that he or she is the responsible person by completing a request for hearing form and returning it to the City department specified on the administrative Ordinance No. 96-2121 Page 4 of 6 citation within thirty (30) days from the date of the administrative citation, together with an advance deposit of the fine. B. A request for hearing form may be obtained from the department specified on the administrative citation. 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. 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 served on the person requesting the hearing at least five (5) days prior to the date of the hearing. 1.48.080 Hearing Officer. The City Manager shall designate the hearing officer for the administrative citation hearing. 1.48.090 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 in accordance with Section 1.48.060. B. A hearing before the hearing officer shall be set for a date that is not less than fifteen (15) days and not more than forty-five (45) 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 an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust his/her 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. Ordinance No. 96-2121 Page 5 of 6 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. 1.48.100 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 cancel the administrative citation and shall list in the decision 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 canceled, 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. D. The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision. E. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer. 1.48.110 Recovery of Administrative Citation Fines and Costs. The City may collect any past due administrative citation fine or late payment charge byuse of all available legal means. 1.48.120 Right to Judicial Review. Any person aggrieved by an administrative decision of a Hearing Officer on an administrative citation may obtain review of the administrative decision by filing an appeal to be heard with the San Diego County Municipal Court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. Ordinance No. 9 6 -2121 Page 6 of 6 PASSED and ADOPTED this 3rd day of September ATTEST: on Anne Peoples, City Cl- rk APPROVED AS TO FORM: /0.-4 George H. Eiser, III City Attorney Zit George H. aters, Mayor , 1996. Passed and adopted by the Council of the City of National City, California on 3, 1996, by the following vote, to -wit: September Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California City 1: k of the City of National City, a , lifornia Bv: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until s calendar days had elapsed between the days of its introduction and the days of its even passage, to wit, on August 20, 1996 and on September 3, 1996. Y final I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage r that the reading of said ordinance in full was dispensed with by a vote of not lesshan a than a majority of the members elected to the Council and that there was available consideration of each member of the Council and the public prior to the da of it for the a written or printed copy of said ordinance. Y s passage I FURTHER CERTIFY that the above and foregoing is a full, true and correct co of ORDINANCE NO. 96-2121 of the City Council of the City of National Cit assed py d adopted by the Council of said City on September 3, 1996. y' p and By: City Clerk of the City of National City, California Deputy