Petaluma Municipal Code Ch. 1.16 Administrative Citations

This chapter provides for administrative citations which are in addition to all other legal remedies, administrative,

criminal or civil, which may be pursued by the city to address any violation of this code or other public nuisances.

(Ord. 2385 NCS §1, 2010; Ord. 2310 NCS §1, 2008.)

A. Whenever an enforcement oMcer charged with the enforcement of any provision of this code determines

that a violation of that provision has occurred, the enforcement oMcer 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:

1. The date of the violation.

2. The address or a deKnite 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 penalty for the code violation.

5. A description of the penalty payment process, including a description of the time within which and the

place to which the penalty 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 may be obtained.

8. The name, signature and department of the citing enforcement oMcer.

(Ord. 2385 NCS §1, 2010; Ord. 2310 NCS §1, 2008.)

A. The amounts of the penalties for code violations imposed pursuant to this chapter shall be set forth in a

schedule of penalties established by resolution of the city council.

B. The schedule of penalties shall specify any increased penalties for repeat violations of the same code

provision by the same person or responsible party.

C. The schedule of penalties shall specify the amount of any late payment charges imposed for the payment of a

penalty after its due date.

(Ord. 2385 NCS §1, 2010; Ord. 2310 NCS §1, 2008.)

A. The penalty shall be paid to the city within thirty days from the date of the administrative citation.

B. Any administrative citation penalty paid pursuant to subsection A of this section shall be refunded in

accordance with Section 1.16.080(E) 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 penalty 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.

(Ord. 2385 NCS §1, 2010; Ord. 2310 NCS §1, 2008.)

A. Any recipient of an administrative citation may contest that there was a violation of this code, or that he or

she is the responsible party, or that the amount of a penalty is excessive or is not warranted based on the

particular circumstances, by completing a request for hearing form and returning it to the city clerk’s oMce within

Kfteen days from the date of the administrative citation, together with an advance deposit of the penalty, except

where an advance deposit hardship waiver has been obtained in accordance with procedures adopted by the

director of administrative services.

B. A request for hearing form may be obtained from the city clerk’s oMce.

C. The person requesting the hearing shall be notiKed of the time and place set for the hearing at least ten days

prior to the date of the hearing.

D. Additional Reports. If the enforcement oMcer submits an additional written report concerning the

administrative citation to the hearing oMcer for consideration at the hearing, then a copy of this report also shall

be provided to the person requesting the hearing at least Kve days before the date of the hearing.

(Ord. 2385 NCS §1, 2010; Ord. 2310 NCS §1, 2008.)

The city manager shall designate administrative hearing oMcers who shall conduct any hearings on contests to

administrative citations. (Ord. 2385 NCS §1, 2010; Ord. 2310 NCS §1, 2008.)

A. No hearing to contest an administrative citation before an administrative hearing oMcer shall be held unless

the penalty has been deposited in advance in accordance with Section 1.16.050 or an advance deposit hardship

waiver has been obtained in accordance with procedures adopted by the director of administrative services.

B. A hearing before the administrative hearing oMcer shall be set for a date that is not less than Kfteen days and

not more than sixty days from the date that the request for hearing is Kled in accordance with the provisions of

this chapter.

C. At the hearing, the party contesting the administrative citation, the enforcement oMcial(s), witnesses, and any

other interested parties 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 penalty and a failure to exhaust their administrative remedies.

E. The administrative citation and any report submitted by the code enforcement oMcial to the administrative

hearing oMcer shall constitute prima facie evidence of the respective facts contained in those documents.

F. The administrative hearing oMcer may continue the hearing for good cause, and request additional

information from the code enforcement oMcial or the recipient of the administrative citation prior to issuing a

written decision; provided, that the hearing shall not be continued for more than Kfteen days.

(Ord. 2385 NCS §1, 2010; Ord. 2310 NCS §1, 2008.)

A. After considering all of the testimony and evidence submitted at the hearing, and within Kfteen days after the

conclusion of the hearing, the administrative hearing oMcer shall issue a written decision regarding the administrative citation and shall list in the decision the reasons for that decision. The decision of the

administrative hearing oMcer shall be Knal, unless judicial review of that decision is requested in accordance with

this chapter.

B. The administrative hearing oMcer’s decision shall include a statement that the person who received the

administrative citation may contest the decision by Kling a notice of appeal in accordance with the timelines and

procedures speciKed in Government Code Section 53069.4.

C. If the administrative hearing oMcer determines that the administrative citation should be upheld, then the

penalty amount on deposit with the city shall be retained by the city.

D. If the administrative hearing oMcer determines that the administrative citation should be upheld and the

penalty has not been deposited pursuant to an advance deposit hardship waiver, the administrative hearing

oMcer shall set forth in the decision a schedule for payment of the penalty, which shall not extend more than one

hundred eighty days from the date of the decision.

E. If the administrative hearing oMcer determines that the administrative citation should not have been issued,

or that the amount of an administrative penalty should be canceled or reduced, and the original penalty amount

was deposited with the city, then the city shall promptly refund the amount of the deposited penalty, together

with any interest earned thereon by the city for the period of time that the penalty amount was held by the city.

F. The recipient of the administrative citation shall be served with a copy of the administrative hearing oMcer’s

written decision by the hearing oMcer.

(Ord. 2385 NCS §1, 2010; Ord. 2310 NCS §1, 2008.)

Any person who fails to pay to the city any penalty imposed pursuant to the provisions of this chapter on or before

the date that penalty is due also shall be liable for the payment of any applicable late payment charges set forth in

the schedule of penalties. (Ord. 2385 NCS §1, 2010; Ord. 2310 NCS §1, 2008.)

The city may collect any past due administrative citation penalty or late payment charge by use of all available

legal means. The city also may recover its collection costs, and reasonable attorney’s fees, in any civil action

brought to collect administrative citation penalties and late payment charges. (Ord. 2385 NCS §1, 2010; Ord. 2310

NCS §1, 2008.)

Any person aggrieved by the decision of an administrative hearing oMcer on an administrative citation may obtain

review of the decision with the Sonoma County courts in accordance with the timelines and procedures set forth

in California Government Code Section 53069.4. (Ord. 2385 NCS §1, 2010; Ord. 2310 NCS §1, 2008.)

A. Method of Service. The administrative citation and all notices required to be given by this chapter shall be

served on the responsible party either by personal service, by Krst-class mail, or by certiKed mail, return receipt

requested.

B. Real Property. When real property is involved in the violation, the original notice, the administrative citation

and all notices required to be given by this chapter shall be served on the responsible party and, if diNerent, to the

property owner at the address as shown on the last equalized county assessment roll. The city may, in its

discretion, also serve notice on a tenant, a mortgagor or any other person having an interest in the property.

C. Failure to Receive Notice. The failure of a person to receive a required notice shall not aNect the validity of any

proceedings taken under this chapter.

(Ord. 2385 NCS §1, 2010; Ord. 2310 NCS §1, 2008.)