HomeMy WebLinkAboutCC ORD 2004 - 2242ORDINANCE NO. 2004 — 2242
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING THE NATIONAL CITY MUNICIPAL CODE
BY AMENDING TITLE 1, CHAPTER 1.36 PERTAINING TO
ABATEMENT OF PUBLIC NUISANCES, ADDING CHAPTER 1.41
PERTAINING TO COST RECOVERY FOR CODE ENFORCEMENT
AND EMERGENCY RESPONSE SERVICES, ADDING
CHAPTER 1.42 PERTAINING TO ADMINISTRATIVE HEARINGS, AND
AMENDING CHAPTER 1.44 PERTAINING TO ADMINISTRATIVE CITATIONS
BE IT ORDAINED by the City Council of the City of National City that the
National City Municipal Code is amended as follows:
Section 1. That Title 1 is amended by amending Chapter 1.36, Section 1.36.020
to read as follows:
1.36.020 Abatement Procedures --Authorized.
A through C -- No change.
D. Any building or engineering permit that is issued to correct a public nuisance
violation shall not be subject to the normal six month permit duration and expiration
established under section 15.08.045. An administering official may require corrective work
to commence within thirty (30) calendar days following permit issuance and proceed to
completion ninety (90) calendar days thereafter, at which time the permit shall expire,
unless extended for good cause by the appropriate administering official. The
administering official shall notify all responsible parties of the deadlines for compliance.
Issuance of a permit shall not bar initiation of civil or criminal enforcement proceedings
against a responsible party for maintenance of the nuisance by failure to diligently correct
the violation.
E. A Notice of Public Nuisance should be promptly recorded against real
property on which a serious public nuisance exists in order to prevent interim transfer to an
unsuspecting purchaser and interference with the abatement process. Recordation should
occur as soon as it is evident that the violation cannot or will not be timely or readily
corrected. Sale or transfer shall neither extinguish the liability of the transferor responsible
for the public nuisance nor any pending enforcement action against that violator, and any
transferee, upon notice or later notification, shall become jointly responsible for abatement
of the violation against that property. Without limiting the applicability of this subsection, a
public nuisance is considered serious when it affects the fire and life safety or structural or
habitability condition of a building or violates excavation or land grading requirements.
Section 2. That Title 1 is amended by adding Chapter 1.41 to read as
fol lows:
Chapter 1.41
COST RECOVERY FOR CODE ENFORCEMENT
AND EMERGENCY RESPONSE SERVICES
Sections:
1.41.010 Purpose and intent
1.41.020 Administration
1.41.030 Definitions
1.41.040 Emergency response cost recovery
1.41.050 Cost recovery for reinspection services for code enforcement and
public nuisance abatement on real property
1.41.060 Recordation and release of notices of violation
1.41.070 Withholding of licenses or permits for indebtedness to city related to
use of property
1.41.080 Collection
1.41.090 Effect of criminal or civil proceedings on cost recovery or permit
issuance
1.41.010 Purpose and Intent. The City of National City provides services to the
community funded through the General Fund by tax revenues. Reimbursement may be
sought for the increased costs of providing such services, whenever practicable, from
parties who, by reason of neglect or malfeasance, cause incidents requiring police, fire
and rescue services, or cause increased costs to the city for gaining compliance with
municipal ordinances. Cost recovery is a mechanism whereby these costs may be levied
upon responsible parties, rather than the taxpayers of National City. To accomplish this,
the City of National City hereby establishes an omnibus cost recovery procedure in this
chapter.
1.41.020 Administration. The administration of this chapter is under the
direction of the city manager and, by delegation, the finance director. Each department
director is responsible for tracking costs associated with cost recovery for matters under
their respective cognizance and forwarding cost recovery invoices to the finance director.
The procedures set out in this chapter should be followed, as appropriate, without further
council direction.
1.41.030 Definitions. A. "Expense of an emergency response" means the
costs incurred by the City of National City in making an appropriate emergency response
to an incident defined in Section 1.41.040. It consists of all costs directly arising because
of the particular incident, including, but not limited to the actual costs of providing police,
firefighting, hazardous material management, rescue and emergency medical services at
the scene of the incident, as well as the actual salaries and fringe benefits of the personnel
responding to the incident. Recoverable costs also include the actual costs for damage or
destruction to City of National City property, any utility or service charges to the city from
other public agencies resulting from the incident, and the actual cost of medical treatment
for any city personnel injured during the response.
B. "Intentionally wrongful conduct" means conduct intended to injure another
person or property.
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C. The term "responsible party" or "responsible person" within Chapter 1.41
means any person: 1) who, by law is liable or made responsible for the payment to a
governmental agency of its costs and expenses in providing police, fire, rescue and
related emergency services; 2) whose negligent or intentionally wrongful conduct
proximately causes an incident affecting public health or safety which necessitates an
emergency response or rescue effort by a governmental agency to deal with or prevent
injury to persons or damage to property; 3) any person who is indebted to the city by
virtue of a duty, charge, tax or revenue imposed by law or ordinance; and, 4), any person
defined in section 1.36.010 . If a responsible party is a minor, the parent or guardian of
that minor shall be jointly and severally liable with the minor for the expense of an
emergency response, as allowed by law.
D. The term "actual cost(s)" includes applicable city charges for personnel
salaries and overhead costs as contained in the National City Fee Schedule.
1.41.040 Emergency response cost recovery. A. Cost Recovery to recover
the actual expenses of an emergency response or personnel injury from a responsible
party may be initiated under the following situations:
1. Pursuant to Government Code Sections 53150, et seq., each person
who is under the influence of an alcoholic beverage or any drug, or their combined
influence, and whose negligent operation of a motor vehicle, boat, vessel, or aircraft
caused by that influence proximately causes any incident resulting in an emergency
response, or whose intentionally wrongful conduct proximately causes any incident
resulting in an emergency response shall be liable to the city for the expense of that
emergency response, not to exceed one thousand dollars ($1000.00) pursuant to
Government Code section 53155, or any higher amount as may from time to time be
established by law.
2. The expense of an emergency response for the containment,
confinement and/or mitigation of a hazardous substance or materiel release or threat
pursuant to Health and Safety Code Section 13009.6.
3. The expense of an emergency response for fire suppression activity
from a responsible party for the intentional setting of fire or the spread of fire to adjoining
properties, or for fire suppression costs on occupied or mortgaged property against which
a current, uncorrected notice of violation of a fire hazard has been issued pursuant to
Health and Safety Code Sections 13009 and 13009.1.
4. The costs of second and subsequent police responses pursuant to
Chapter 10.46 from responsible parties for organizing and failing to maintain an orderly
event on private property in compliance with law.
5. The expense of an emergency response for the rescue or medical
treatment, or both, of persons placed in jeopardy or injured by the negligence or
intentionally wrongful conduct of a responsible party.
6. The expenses for injury to public safety personnel authorized
pursuant to Civil Code section 1714.9 or Labor Code section 3852, or for damage to public
property. Any limitation on liability under Government Code Section 53155 noted in
subsection Al shall not apply to any separate recovery for damage to public property or
injury to city personnel which was directly or proximately caused by the acts or omissions
of a responsible party.
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B. The director of finance shall charge the expense of an emergency response
to each responsible party based on cost data submitted by a department director. The
charge constitutes a debt to the City of National City, and may be collected by the City in
the same manner as in the case of an obligation to a municipality under a contract,
expressed or implied.
1.41.050 Cost recovery for reinspection services for code enforcement and
public nuisance abatement on real property.
A. Reinspection fees may be assessed as follows:
1. Reinspection fees may be charged to a responsible party for each
subsequent reinspection and all succeeding reinspections for code violations which are
not brought into compliance by the first regularly scheduled inspection after a notice of
violation or administrative citation is issued by any building inspector, fire inspector or
code compliance officer. Reinspection fees shall not be charged when the violation is
brought into compliance prior to the first regularly scheduled inspection, or any
authorized extension of that first inspection.
2. The initial notice of violation or administrative citation shall advise
each responsible party that reinspection fees may be charged for each subsequent
reinspection if the violation is not corrected prior to the first regularly scheduled
inspection following issuance of the notice of violation or administrative citation.
3. Reinspection fees shall be based upon the average hourly salary
rate and overhead for inspection services, computed on a one hour minimum charge for
each reinspection. Reinspection fees may be posted in the National City Fee Schedule.
4. Depending on the seriousness of the violation, a minimum period
for compliance may be prescribed and allowed for the first inspection following issuance
of the notice of violation or administrative citation. Except for building code violations or
conditions affecting immediate fire and life safety, the correction period shall not be less
than ten (10) days, nor exceed thirty (30) days. Building code violations shall allow for a
thirty (30) day correction period. Conditions affecting immediate fire or life safety
concerns may require an immediate shutdown of the premises, or the affected portion if
feasible, until correction is made, coupled with a defined period for compliance and
reinspection, not to exceed thirty (30) days.
5. Payment of reinspection fees shall not bar any criminal, civil or
administrative action or penalty applicable to the violation.
B. The city attorney is authorized to seek restitution from responsible parties
against whom civil, criminal, or administrative action is initiated for public nuisance
abatement. Restitution shall be based on the full, direct costs of abatement services,
and the average hourly salary rates and overhead of all enforcement personnel involved
in the abatement process, as reflected in the National City Fee Schedule. Direct costs
shall also include costs for legal services, based on actual billings for legal services or,
when performed by the city attorney, the charges for comparable, customary hourly
attorney fees charged in San Diego County.
C. Upon prior notice to a responsible party, cost recovery for the full costs of
abatement of a public nuisance may also be accomplished through an assessment lien
adopted by resolution of the city council and filed with the county assessor against the
real property interests of that responsible party.
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1.41.060 Recordation and release of notices of violation. A. After the issuance
of a notice of violation or administrative citation affecting the use or occupancy of real
property, a notice of violation may be recorded with the county recorder as an existing
public nuisance against that property in the real property records of the County of San
Diego as soon as it is determined that compliance is not forthcoming, or that the condition
is serious enough to warrant immediate action. Normally, recordation should not precede
the date of the first inspection set out in the notice of violation or administrative citation,
except for serious violations. Without limiting the applicability of this subsection, a public
nuisance may be considered serious when it affects the fire and life safety or structural or
habitability condition of a building or violates excavation or land grading requirements.
The property owner shall be given ten (10) calendar days advance notice of the intention
to record and an opportunity to show why the recordation of the violation should not be
made, before the violation may be recorded against that owner's property interest. Unless
successfully protested, the violation shall thereafter be promptly recorded. Procedures for
any requested hearing and related action are outlined in Chapter 1.42.
B. Once the violation against the property is corrected and any costs of
abatement have been recovered, the city manager or designate shall promptly execute
a Notice of Correction releasing the prior public nuisance recordation and deliver it to
the property owner for recording. No fee shall be charged for issuing the release, nor
shall the city be responsible for recording the release.
1.41.070 Withholding of licenses or permits for indebtedness to city related to
use of property. A. Except for those permits necessary to correct code violations, any
business or residential rental tax license, development permit or building permit may be
withheld or final inspection be postponed until payment to the city of any indebtedness for
delinquent taxes, fees or sewer charges applicable to the use of the property for which the
indebtedness was incurred. Processing may continue after all delinquencies are paid or a
written agreement is executed with the finance director to pay the delinquencies and any
interest and penalties due in monthly installments, or more often, over a period not to
exceed one year.
B. The execution of an agreement under subsection A shall not excuse
previously accrued penalties or interest against the account, but additional penalties or
interest may not accrue on amounts included in the agreement while the debtor is not in
breach of the agreement. If, however, a default in payment occurs, then the additional
penalties and interest may reattach back to the date of execution of the agreement and
shall become due and payable; any permit that was issued in reliance on the agreement
shall be suspended or revoked pending full payment of the indebtedness, except to the
extent necessary to allow correction of existing violations.
1.41.080 Collection. A. Whenever charges for cost recovery are not paid
within a reasonable time following demand, the Director of Finance and the City Attorney,
as applicable, are authorized to prosecute the claim to judgment in an appropriate court
with jurisdiction and to take any other action appropriate for collection without further
direction from the City council after demand has been refused. The Council shall be
notified when litigation is initiated.
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B. The city attorney is authorized to collect any amounts due by civil or
administrative action, or both, together with all costs incurred in the collection of that
indebtedness after demand for payment has been refused. Costs for legal services shall
be based on actual billings for legal services or, when performed by the City Attorney,
the charges for comparable and customary hourly attorney fees charged in San Diego
County.
C. Recovery of costs for emergency response is in addition to any separate
right of the City to recover costs and damages from a responsible party whose
negligence or wrongful conduct causes damage or injury to public property or
personnel, or both, pursuant to Civil Code section 1714.9 or Labor Code section 3852.
D. Cost recovery may also be initiated by means of an assessment lien
adopted by the City Council upon prior notice to a responsible party for the costs of
nuisance abatement or the amount of an administrative citation or administrative penalty
issued against or pertaining to the real property which is the subject of the associated
enforcement action.
1.41.090 Effect of criminal or civil proceedings on cost recovery or permit
issuance. The initiation of administrative or civil proceedings for cost recovery does not
bar the criminal prosecution of a responsible party for the associated violation. Similarly,
criminal prosecution does not bar administrative or civil collection for cost recovery for the
violation giving rise to the criminal prosecution. The existence of an issued permit shall
not bar civil or criminal enforcement proceedings when corrective work under that permit is
not proceeding diligently to completion.
Section 3. That Title 1 is amended by adding chapter 1.42 to read as
follows:
Sections:
1.42.010
1.42.020
1.42.030
1.42.040
CHAPTER 1.42
ADMINISTRATIVE HEARING
PROCEDURE AND PROCESS
Purpose and intent
Administrative process
Service of notices or orders
Administrative hearing procedure
1.42.010 Purpose and intent. These procedures may be used to supplement
or substitute for any administrative hearing or hearing procedure prescribed elsewhere in
this Municipal Code, except those required under Title 18 for land use hearings and
appeals. The requirements and procedures of this Chapter are applicable to
administrative procedures and hearings regarding the denial, modification, suspension or
revocation of a permit, license or entitlement. The procedures under this Chapter 1.42
may be used to substitute for administrative hearing procedures that are prescribed for the
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abatement of a public nuisance, the imposition of an administrative fine or penalty, or an
administrative appeals procedure. Except for proceedings under Title 18, this authority
includes, but is not limited to, the procedures set forth in Chapters 1.36, 1.41, 1.44, 1.48,
6.04, 7.32, 8.16, 10.70 or Title 15 of the Municipal Code. The procedures of this chapter
1.40 shall not displace any requirement in those chapters regarding the deposit of any fine
or penalty prescribed as a precondition of the administrative review process.
1.40.020 Administrative process. A. Notice pursuant to Section 1.42.030 shall
be served upon any responsible party or any party whose permit, license or entitlement
has been denied or is to be suspended or revoked, or against whom nuisance abatement
action, administrative citation or administrative penalty action is proposed. The party shall
be allowed ten (10) calendar days after notification to request an administrative hearing to
appeal or contest the proposed action before it will become final. Unless waived by the
city manager, the deposit of any fines or penalties is required. The proposed action or
order by the City manager, department director or designate becomes final and conclusive
if not appealed or contested within that time.
B. Except for actions affecting immediate fire and life safety concerns, the
proposed action or order shall be stayed only for the duration of any time allotted for
requesting an appeal, and, if appealed, shall be stayed until the review by the city
manager of a decision by a hearing examiner pursuant to Section 1.42.020F. Conditions
affecting immediate fire and life safety may be summarily abated by city or contract forces,
but only to the extent that the action taken is limited to removing only that condition or
portion thereof that affects or constitutes an immediate fire or life safety concern. Other
aspects of the nuisance condition that are not of an immediate concern shall be subject to
due course abatement process.
C. Upon the filing of a request for a hearing or appeal, the City manager or
department director may appoint a hearing examiner who shall be neutral and unbiased as
to the matter in contention. The hearing examiner may be appointed from city staff or from
outside sources. Experience in the general subject matter of the appeal is desirable, but is
not a prerequisite.
D. The hearing examiner shall notify the appellant of the time and place for the
hearing in accordance with Section 1.42.030, allowing a minimum of ten (10) calendar
days before the hearing is to be held.
E. The hearing examiner shall conduct the administrative hearing in
accordance with Section 1.42.040. Written findings affirming or denying the action
appealed from shall be issued within fifteen (15) calendar days after the conclusion of the
hearing to all parties, unless the appeal or request for hearing is withdrawn by the
requesting party. The hearing examiner may recommend conditions and deadlines for
corrective action and may further recommend modification of the action below, or
reduction, waiver or conditional suspension of any fines or penalties proposed, when,
based upon the evidence, the hearing examiner concludes that such action is most likely
to bring about compliance with the proposed order. The findings or recommendations may
not contradict any provision of law or this Municipal Code.
F. The hearing examiner's decision shall be based upon findings supported by
substantial evidence. Substantial evidence is established when the weight of the evidence
supporting the existence of a fact or event in contention has the more convincing force,
when balanced against the evidence opposing the existence of the same fact or event in
contention.
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G. Except where a hearing examiner's findings are contrary to the evidence,
law or procedure, a final order shall be issued by the City manager approving the hearing
examiner's findings governing the proposed action. The city manager may disapprove or
modify the examiner's findings and recommendations and issue a final order that is
consistent with the evidence, law or procedure.
H. The date of mailing of the final order by the city manager to the party by first
class mail, with certificate of service attached, shall constitute- the date of exhaustion of
administrative remedy. The final order shall advise the party that it has ninety (90)
calendar days from that date pursuant to Code of Civil Procedure Section 1094.6 to file for
a writ of mandamus or other applicable judicial review in Superior Court, twenty (20)
calendar days pursuant to Government Code Section 53069.4 if the decision imposes an
administrative penalty, fine or charge under Chapters 1.44 or 1.48, or five (5) days
following a vicious dog determination under Food and Agricultural Code section 31622.
Until a timely request for judicial review is filed, enforcement of the final order shall
proceed in due course.
A party may request a transcript, if prepared, or be provided a copy of any
tape recording of the proceedings, if made, upon payment of the costs of preparation or
duplication.
1.42.030 Service of notices or orders. A. Except as provided in Section
1.42.030D, any notice required to be given under the Municipal Code for the enforcement
of a proposed order or for hearing or appeal purposes may be served upon the
responsible party by any of the following methods, and a proof of service be kept in the
file:
1. Personal service; or
2. Delivery by certified mail, postage prepaid, return receipt requested.
Simultaneously, a duplicate notice shall be sent by regular first-class mail, postage
prepaid, with return address on the outside envelope. If the notice sent by certified mail is
returned unsigned, refused or marked as undeliverable, service shall be deemed effective
pursuant to service of the duplicate notice sent by regular mail, provided that the duplicate
notice sent by regular mail was also not retumed as undeliverable. The notice shall advise
the party that receipt of either notification constitutes service. Notice shall be mailed to the
last address shown on the County Tax Assessor's records if the notice concerns real
property, and to the last known address of a party to other proceedings as shown in official
records of the City of National City; or
3. Posting the notice or order conspicuously on or in front of the
property, together with delivery of the notice or order by first-class mail, postage prepaid,
to the party and a copy of the notice or order being left with any adult resident at the
property.
B. Posting of a notice or service by certified mail and duplicate service by
regular mail described in subsection A2 or A3 above shall be effective ten (10) calendar
days after mailing or posting. Personal service is effective upon service.
C. The service of an initial notice of violation need only be sent by regular mail.
The above procedures are not required, but may be used when appropriate circumstances
so indicate. Service of a notice of violation by regular mail is effective on the date of
mailing.
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D. Service of notice through which a lien will be placed upon real property by
City council action will be in accordance with Code of Civil Procedure Sections 415.10,
415.20, 415.30, or Section 415.40 if the responsible party resides out of state.
E. Proof of service of any notice required by this Code may be made by
certificate or affidavit of an officer or employee of this City or by affidavit of any person over
the age of eighteen years. The proof of service shall show that service was done in
conformity with this Code and any other provisions of law applicable to the subject matter
concerned.
F. The failure of any party or person with an interest in the property or the
proceeding to actually receive any notice served in accordance with this section 1.42.030
shall not affect the validity of any proceedings taken under this chapter.
1.42.040 Administrative hearing procedure. An administrative hearing before a
hearing examiner should be conducted substantially in accordance with the following
procedures:
A. The hearing examiner shall control the proceedings, take witness testimony
under oath or affirmation, and determine the weight and credibility of the evidence and
testimony. The hearing should be conducted in a civil, prompt and businesslike manner.
Disruptive behavior shall not be allowed, and an abusive or disorderly party may forfeit the
right to be present during any part of the proceedings when, after appropriate warning, the
behavior persists.
B. Each party shall have the following rights: to be present throughout the
proceeding; to be represented by legal counsel or other representative; to call and
examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any
matter relevant to the issues even though the matter was not covered in direct
examination; to impeach a witness; and to testify in his or her own behalf. A party may be
called as a witness by the other party and be examined as if under cross-examination.
C. Except as noted in this subsection, the formal rules of evidence and
procedure shall not apply to the hearing. Any relevant evidence may be admissible if it is
the sort of evidence upon which responsible persons are accustomed to rely in the
conduct of serious affairs. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but may not be sufficient by itself to
support a finding unless it would also be admissible over objection in civil actions.
Irrelevant and unduly repetitious evidence should be excluded, and collateral or irrelevant
inquiry may be limited by the hearing examiner.
D. The hearing examiner may require the proponent of testimony to be offered
by a witness who does not speak the English language proficiently to provide an
interpreter. The hearing examiner shall determine whether the interpreter is proficient in
the English language and the language in which the witness will testify. The payment of
costs for an interpreter is upon the party providing the interpreter.
E. The proponent for a department director may call witnesses and may
introduce into evidence an administrative record which clearly demonstrates: a) The
condition(s), act(s) or omission(s) upon which the proposed action is based or which
establishes the responsibility of the party for the act or event; b) the regulatory authority for
the proposed action; c) technical or factual data supporting the proposed action; and, d)
any other information or data relevant to the proposed action. An administrative record
certified by a director which meets these criteria may constitute prima facie evidence in
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support of the proposed action. The burden of going forward may then shift to the
opposing party, who may then cross-examine on the basis of the administrative record and
call witnesses appropriate to aid in its examination of the administrative record. The
opposing party and the director may call any additional witnesses and introduce any
additional evidence appropriate for opposition, defense, excusal or mitigation of the
proposed action.
F. The hearing may be continued from time to time upon request of a party to
the hearing upon a showing of good cause.
G. Failure of a responsible party or applicant to appear at a scheduled hearing
shall constitute a waiver of the hearing by that party and shall result in a denial of the relief
sought. That determination shall be administratively final and conclusive, and shall
constitute the failure to exhaust administrative remedy on the part of the responsible party
or applicant.
H. Failure to follow the procedures outlined above shall not invalidate the
proceedings, findings or recommendations of the hearing examiner, unless the omission
constitutes a denial of administrative due process, in which case a new administrative
hearing may be ordered by the city manager before another hearing examiner.
Appeal proceedings under chapter 1.44 to contest an administrative citation
may proceed as informally as necessary to ensure a fair hearing. The above procedures
may be used to supplement the informal proceedings prescribed in that chapter.
Section 4. That Title 1, chapter 1.44 is amended by amending sections
1.44.010, 1.44.030, 1.44.040, 1.44.070, 1.44.080, 1.44.100, 1.44.110 and 1.44.120 to
read as follows:
1.44.010 Applicability.
A. No Change
B. The administrative citations process set forth in this chapter may be
utilized for compliance efforts to correct noncontinuing or continuing violations of this
code, such as those that pertain to licensing, animal control, and minor building,
plumbing, electrical, mechanical, fire, grading or zoning violations, subject to the
provisions of Section 1.44.030D.
C. No Change.
1.44.030 Administrative citation.
A. No Change
available;
3. The address or a definite description of the location where the
violation occurred;
4. The section of this code violated and a description of the violation;
5. The amount of the fine for the code violation;
6. 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;
B. An administrative citation should provide the following information,
whenever possible:
1. The date of the violation;
2. The identity of the responsible person (owner, tenant, etc.), if
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7. An order prohibiting the continuation or repeated occurrence of the
code violation described in the administrative citation;
8. A description of the administrative citation review process, including
the time within which the administrative citation may be contested and directions on how
to contest the administrative citation;
9. A statement that the property will be reinspected for compliance,
and reinspection fees charged for each reinspection thereafter; and
10. The name and signature of the citing enforcement officer. The
signature of the responsible party may be requested, but is not necessary. If refused,
the issuing officer may note this fact.
C. No change.
D. The following procedures will apply in issuing administrative citations for
minor code violations of a continuing nature, such as building, plumbing, mechanical,
grading, zoning, fire or electrical code:
1. First, a notice of violation shall be issued allowing a minimum period
for voluntary compliance and reinspection at no charge for the particular violation(s).
Except for building code violations or conditions affecting immediate fire and life safety,
the correction period should not be less than ten (10) days, nor exceed thirty (30) days.
Building code violations shall allow for a thirty (30) day correction period. If conditions
affecting immediate fire or life safety concerns require an immediate shutdown of the
premises or any affected portion if feasible until correction is made, the citation shall
establish a defined period for compliance and reinspection, not to exceed thirty (30)
days. However, under this circumstance, a separate order to stop work or vacate the
premises may be required.
2. If, upon reinspection, voluntary compliance is not obtained and the
condition(s) not satisfactorily corrected, an administrative citation may then be issued
which addresses all remaining violations collectively, imposes a fine, and establishes a
further date for compliance and reinspection. A maximum of fifteen days may be
allowed. Reinspection fees are chargeable at this point.
3. A second or subsequent administrative citation may be issued and
a further fine and reinspection fee be imposed if, upon subsequent reinspection,
compliance has not been obtained for the particular violation(s) cited under a preceding
administrative citation.
4. If compliance is obtained after an administrative citation is issued
and the same or similar violation occurs again, an administrative citation and
assessment of the penalty applicable to a second or repeat violation may be issued
instead.
E. An administrative citation may be used for code violations that are not of
a continuing nature but may be characterized as a single event or occurrence, such as
animal control violations, dumping, pollution or littering, without prior issuance of a
notice of violation where the issuing officer concludes that enforcement action, rather
than a verbal warning, is warranted.
1.44.040 Method of service. A. The administrative citation and all notices
required to be given under this chapter shall be served on each responsible party
charged in the citation by any of the following methods:
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1. Personal service; or
2. Certified mail, postage prepaid, return receipt requested.
Simultaneously, the same notice may be signed and 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; or
3. Posting the notice conspicuously on or in front of the property, and
mailing a copy to the property owner, or other responsible party.
B. Service by certified and regular mail in the manner described above shall
be effective on the date of mailing. Service by mail shall be to the responsible party's
address as indicated on the current assessment roll of the San Diego County assessor.
C. No change.
1.44.070 Hearing request. A. Any recipient of an administrative citation may
contest the citation on the grounds that there was not a violation of the code or that he
or she is not the responsible person by requesting a hearing with the city department
specified on the administrative citation within thirty days from the date of the
administrative citation, together with an advance deposit of the fine.
B. The request for hearing may be made via the administrative citation form
in the space provided for such action.
C. The person requesting the hearing shall be notified by the department 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 to the hearing officer for consideration at the hearing, then a
copy of this report shall be served on the person requesting the hearing at least five
days prior to the date of the hearing.
1.44.080 Hearing officer. The city manager or the director of the issuing
department shall designate a hearing officer for the administrative citation hearing.
1.44.100 Hearing officers 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 administratively final, and
constitutes the exhaustion of administrative remedy. Unless appealed to the Superior
Court as provided by statute (see section 1.44.120), the fine and any reinspection fee
imposed by the administrative citation is final.
B through E -- No change.
1.44.110 Recovery of administrative citation fines and costs. Any past due
administrative citation fine or late payment charge may be collected by any available
legal means. The finance director is primarily responsible for collecting fines and
reinspection fees. The city attorney is authorized to file civil process before the Superior
Court to enforce collection.
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1.44.120 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
superior court within twenty (20) days upon payment of the filing fee in accordance with
the timelines and provisions set forth in California Government Code Section 53069.4.
Unless appealed within that time, the fine is final.
PASSED AND ADOPTED this 16TH day of MARCH 2004.
ATTEST:
Michael Dalla, Ci Clerk
APPROVED AS TO FORM:
George H. Eiser, III, City Attorney
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Nick In
Passed and adopted by the Council of the City of National City, California, on March 16, 2004,
by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
City `Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
March 2, 2004, and on March 16, 2004.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that
the reading of said ordinance in full was dispensed with by a vote of not less than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2004-2242 of the City Council of the City of National City, passed and
adopted by the Council of said City on March 16, 2004.
City Clerk of the City of National City, California
By:
Deputy