§ 1.16.080. Administrative citations and penalties.

In addition to other remedies and penalties contained in this chapter, and in accordance with California Government Code Section 53069.4, and as may be amended, an administrative citation may be issued by an enforcement officer for any violation of land use ordinances. The following procedures shall govern the imposition, enforcement, and administrative review of administrative citations and penalties.

A.

Notice of violation. If the violation is not corrected within the period stated in the notice of violation issued pursuant to section 1.16.060, an administrative citation may be issued by the enforcement officer.

B.

Content of citation. The administrative citation shall contain the following information:

(1)

Date, location and approximate time the violation was observed.

(2)

The land use ordinance violated and a brief description of the violation.

(3)

The amount of the administrative penalty imposed for the violation.

(4)

Instructions for the payment of the administrative penalty, and the time period by which it shall be paid and the consequences of failure to pay the administrative penalty within this time period.

(5)

Instructions on how to appeal the administrative citation.

(6)

The signature of the enforcement officer.

(7)

The failure of the administrative citation to set forth all required contents shall not affect the validity of the administrative citation or any proceedings to enforce said citation.

C.

Service of administrative citation.

(1)

If the property owner or other responsible party who has violated a land use ordinance is present at the scene of the violation, the enforcement officer shall attempt to obtain his signature on the administrative citation and shall personally deliver a copy of the administrative citation to him. If the person receiving the administrative citation is not the property owner, then a copy shall be mailed to the property address or the address listed for the property owner on the last county equalized assessment roll.

(2)

If the property owner or other responsible party who has violated a land use ordinance is a business, and the business owner is on the premises, the enforcement officer shall attempt to deliver the administrative citation to the business owner. If the enforcement officer is unable to serve the business owner on the premises, the administrative citation may be left with the manager or employee of the business and a copy of the administrative citation shall also be mailed to the business owner or its authorized agent.

(3)

If no one can be located at the property, then the administrative citation shall be posted in a conspicuous place on or near the property and a copy mailed to the property owner at the property address or the address listed for the property owner on the last county equalized assessment roll or other responsible party who has violated the land use ordinances at the last known address.

(4)

The failure of a property owner or responsible party to receive an administrative citation shall not affect the validity of the administrative citation or proceedings to enforce said citation.

D.

Administrative citation penalties. Penalties shall be assessed and considered as part of abatement costs as follows:

(1)

One hundred dollars ($100.00) for a first violation;

(2)

Two hundred dollars ($200.00) for a second violation of the same land use ordinances on the same real property within twelve (12) months after the administrative citation for the first violation is issued; and

(3)

Five hundred dollars ($500.00) for each additional violation of the same land use ordinances on the same real property within twelve (12) months after the administrative citation for the first violation is issued.

(4)

If the violation is not corrected, additional administrative citations may be issued for the same violation as authorized by section 1.16.030 of this chapter. The amount of the penalty shall increase at the rate set forth in subsection D.(3) of this section.

(5)

Payment of the penalty shall neither excuse the failure to correct the violation nor bar further enforcement action.

(6)

Any penalties assessed shall be payable to the county.

E.

Appeal of administrative citations and penalties.

(1)

Notice of appeal. The recipient of an administrative citation may appeal the validity of the citation and resulting penalties by filing a written notice of appeal with the county department that issued the administrative citation. The written notice of appeal must be filed within twenty (20) days of service of the administrative citation as set forth in subsection C. of this section. The notice of appeal shall be accompanied by either an advance deposit of the penalty imposed or a request for advance deposit hardship waiver as set forth herein below. Failure to properly file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation. The notice of appeal shall be submitted on a form provided by the county department that issued the administrative citation and shall contain the following information:

a)

A brief statement setting forth the appellant's interest in the proceedings;

b)

A brief statement of the material facts which the appellant claims support a contention that no violation exists and that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted;

c)

An address at which the appellant agrees that notice of any additional proceeding or an order relating to the imposition of the administrative penalty may be received by mail; and

d)

The notice of appeal must be signed by the appellant under penalty of perjury.

(2)

Advance deposit hardship waiver.

a)

Any person filing a notice of appeal to contest an administrative citation and who is financially unable to make the advance deposit of the penalty as required, may submit a request for advance deposit hardship waiver with the notice of appeal.

b)

The request for advance deposit hardship waiver shall be filed with the county department that issued the administrative citation on a form provided by the same county department. The request shall be documented by a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the enforcement officer the person's actual financial inability to deposit the full amount of the administrative penalty in advance of the hearing.

c)

The requirement of depositing the full amount of the penalty shall be stayed for ten (10) days pending a determination by the enforcement officer of the approval or denial of the request for advance deposit hardship waiver.

d)

The enforcement officer shall issue a written determination listing the reasons for the approval or denial of the request for advance deposit hardship waiver. The written determination shall be mailed to the appellant at the address provided in the request.

e)

If the enforcement officer denies a request for advance deposit hardship waiver, the appellant shall remit the deposit to the county within fifteen (15) days of the date of mailing notice of the denial.

f)

The written determination of the enforcement officer shall be final.

(3)

Hearing on appeal of administrative citation. Upon receipt of a timely notice of appeal of an administrative citation, an appeal hearing shall be held before an administrative hearing officer to consider the issuance of the administrative citation and imposition of penalties. The appeal hearing shall be conducted pursuant to the provisions set forth in section 1.16.100 of this chapter.

(4)

Administrative hearing officer's decision. The administrative hearing officer shall issue a written decision following the appeal hearing which shall be issued to the appellant in the manner set forth in section 1.16.090 of this chapter or to the appellant's address set forth in the notice of appeal. If the administrative citation is determined to have been valid at the time of its issuance, the administrative hearing officer shall set the penalty amount pursuant to subsection D. of section 1.16.080 of this chapter, and order said penalties to be paid within fifteen (15) days of issuance of the administrative hearing officer's decision.

a)

The administrative hearing officer is authorized to order the penalties to be placed as a recorded lien against the real property subject to the administrative citation and authorize the penalties to be placed as a special assessment on the county tax assessment roll to be paid with county taxes, unless sooner paid.

b)

The administrative hearing officer's decision shall contain instructions for obtaining judicial review of the decision as set forth below.

(5)

Judicial review of administrative hearing officer's decision on administrative citation.

a)

Notice of appeal of the administrative hearing officer's decision. Within twenty (20) days of the date of issuance of the final decision, the appellant may contest an administrative hearing officer's decision by filing an appeal in the Riverside County Superior Court. The fee for filing the appeal is twenty-five dollars ($25.00) and shall be paid to the clerk of the court. The failure to file the written appeal and to pay the filing fee within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed final and confirmed. A copy of the notice of appeal of the administrative hearing officer's decision filed in the Riverside County Superior Court shall be served in person or by first class mail upon the county department that issued the administrative citation by the appellant.

b)

Conduct of hearing. The conduct of the appeal hearing is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the Presiding Judge of the Riverside County Superior Court. The appeal shall be heard de novo, and the contents of the file of the county department that issued the administrative citation shall be received into evidence. A copy of the notice of violation, administrative citation and hearing officer's decision shall be admitted into evidence as prima facie evidence of the facts stated therein. The court shall request that the county department's file be forwarded to the court, to be received within fifteen (15) days of the request.

c)

Judgment. The court shall retain the twenty-five dollar ($25.00) fee regardless of the outcome of the appeal. If the court finds in favor of the appellant, the amount of the fee shall be reimbursed to the appellant by the county in accordance with the judgment of the court. If the penalty has not been deposited and the decision of the court is against the appellant, the county department that issued the administrative citation may proceed to collect the penalty pursuant to the abatement cost recovery procedures set forth in this chapter.

f.

Collection of administrative citation penalties when no appeal hearing is requested.

(1)

If the administrative citation penalties are not timely paid and no notice of appeal is filed by the date set forth on the administrative citation then additional costs shall be assessed by the enforcement officer to recover administrative costs. These administrative costs include, but are not limited to costs of obtaining a title report, recording fees, noticing, scheduling and participating in further hearings, collection activities or other costs incurred to recover the administrative citation penalties.

(2)

A "Notice Of Delinquent Administrative Citation Penalties and Special Tax Assessment" shall be issued to the property owner and other responsible party who received the administrative citation in the same manner as set forth in section 1.16.090 of this chapter. Said notice shall provide an opportunity to request a hearing regarding only the amount of penalties to be assessed as a special tax assessment. The request for hearing shall be submitted to the county department issuing the administrative citation within twenty (20) days of issuance of the notice of delinquent administrative citation penalties and special tax assessment and shall include the proper form to be used to request a hearing. Any hearing set pursuant to this subsection shall be conducted pursuant to section 1.16.100 of this chapter. If a request for hearing is not timely or properly submitted, the right to a hearing concerning the amount of penalties assessed shall be considered waived.

(Ord. No. 725.14, § 8, 3-15-2011)