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HomeMy WebLinkAboutOrdinance 329 CERTIFICATION I, Marcia M. Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 329 adopted by the Atascadero City Council at a regular meeting thereof held on May 27, 1997 and that it has been duly published pursuant to State Law. DATED: Marcia M. Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 329 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, PROVIDING FOR ADMINISTRATIVE CITATIONS, FINES AND HEARING PROCEDURES PURSUANT TO GOVERNMENTCODE SECTION 63069.4 The City Council of the City of Atascadero, State of California, does ordain as follows: Section 1 Chapter 1-6 is hereby added to the Atascadero Municipal Code, to read as follows: CHAPTER 1-6 Administrative Citations, Fines and Hearing Procedures Section. 1-6.01 Authority. The procedure set forth in this chapter is authorized by Government Code Section 53069.4. Section. 1-6.02 Applicability. (a) This chapter provides for administrative citations, fines and hearing procedures 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. As used in this paragraph, "violation" includes noncompliance with condition(s) of approval of a discretionary permit. This chapter shall also apply to supplement procedures located elsewhere in this code in order to provide due process. (b) In the case of a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety, a reasonable time not to exceed six months shall be provided to remedy or correct the violation prior to imposition of fines or penalties. In determining what is a reasonable time, the City may consider the estimate of local professionals including licensed contractors and City employees. Section. 1- .03 Administrative Citations. (a) Whenever any of the officers or employees named in Section 9- 8.102 of this code, or an Animal Control Officer pursuant to contract with the City, 1 Ordinance No. 329 Page two determines that a violation of a provision of this code enforceable by that person has occurred, the officer or employee shall have the authority to issue an administrative citation to any person responsible for the violation. Each administrative citation shall contain: 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 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 must 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; 8) In the case of a violation described in Section 1-6.02(b), the time within which the violation must be corrected in order to avoid a fine; 9) Where applicable, the name of the property owner(s) and occupant(s) where the violation occurred; 10) The name and signature of the citing person. Section. 1-6.04 Amount of Fines. The amount of fines for code violations imposed pursuant to this chapter shall be as provided by Section 1-3.01(c) of this code. Section. 1-6.05 Payment of Fines. (a) Fines shall be paid to the City of Atascadero within thirty (30) days of the administrative citation, except as otherwise specified. (b) In the case of a violation described in Section 1-6.02(a) , the fine shall be paid to the City of Atascadero within thirty (30) days of the date specified for compliance by the administrative citation. (c) An administrative fine paid pursuant to subsection (a) or (b) shall be refunded in accordance with Section 1-6.10(d) if it is determined, after a hearing, 2 Ordinance No. 329 Page three 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. (d) 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. Section.1-6.06 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 party by completing a request for hearing form and returning it to the City within fourteen (14) 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 pursuant to Section 1-6.07. (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 citing person 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. Section.1-6.07 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 finance department on an advance deposit hardship waiver application form, available from the finance department, within five (5) days of the date of the administrative citation. (c) The requirement of depositing the full amount of the fine as described in Section 1-6.06(a) shall be stayed unless or until the Director of Finance makes a determination not to issue the advance deposit hardship waiver. (d) The director may waive the requirement for advance deposit only if the cited party submits to the director a declaration under penalty of perjury, supported by evidence, that shows to the director's satisfaction that the person is financially unable to deposit the full amount of the fine in advance of the hearing. 3 Ordinance No. 329 Page four (e) If the director determines not to issue an advance deposit hardship waiver, the cited party shall remit the deposit to the City within five (5) days of the date of that decision or fourteen (14) days from the date of the administrative citation, whichever is later. (f) The director shall list his/her reasons for granting or not granting an advance deposit hardship waiver in writing and serve it on the cited party. The director's decision is final. Section.1-6.08 Hearing Officer. The City Manager shall designate the hearing officer for an administrative citation hearing. Section.1-6.09 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 per Section 1- 6.06(a)or an advance deposit hardship waiver has been issued per Section 1-6.07(d). (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 sixty (60) days from the date that the request for hearing is filed in accordance with the requirements 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) Failure of the cited party 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 cited party prior to issuing a written decision. Section 1-6.10 Hearing Officer's Decision. (a) After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue and serve on the cited party a written decision 4 Ordinance No. 329 Page five including findings to uphold or cancel the administrative citation. The decision of the hearing officer shall be final. (b) If the hearing officer determines that the administrative citation should be upheld, the City shall retain the fine amount on deposit. (c) If the hearing officer determines that the administrative citation should be upheld and the fine has not been deposited because of'an advance deposit hardship.waiver, the hearing officer shall set a fine payment schedule in the decision. (d) If the hearing officer determines that the administrative citation should be canceled and the fine was deposited with the City, the City shall promptly refund the fine, plus interest earned by the City during the time the City held the fine. Section 1-6.11 Late Payment Charges. Any person who fails to pay to the City any fine imposed pursuant to this chapter on or before the date that fine is due also shall be liable for the payment of late payment charges in the amount of$25.00. Section 1-6.12 Recovery of Administrative Citation Fines and Costs. The City may collect any past due administrative citation fine or late payment charge by use of all available legal means. Section 1-6.13 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 a petition for review with the Municipal Court in San Luis Obispo County, per Government Code Section 53069.4. Section 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Atascadero hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase or portion may be declared invalid or unconstitutional. INTRODUCED at a regular meeting of the City Council held the 13th day of May , 1997, and PASSED AND ADOPTED at a regular meeting held May 27 , 1997 by the following roll call vote: 5 Ordinance No. 329 Page six AYES: Councilmembers Carden, Clay, Lerno, Luna and Mayor Johnson NOES: None ABSENT: None OFA C ERO RAY JO S N, M or ATTEST: 1 MARCIA M. TORGERSO City Clerk APPROVED AS TO FORM: )A�' I, � � ROY ANLE , City orney 6