HomeMy WebLinkAbout102-Attachment #1 admin citations.pdf
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ORDINANCE NO. __________
AN ORDINANCE AMENDING THE SARATOGA CITY CODE
TO AUTHORIZE ISSUANCE OF ADMINISTRATIVE CITATIONS
FOR VIOLATIONS OF THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings
A. The California Constitution, Article XI, section 7, provides cities and counties
with the authority to enact ordinances to protect the health, safety, welfare, and
morals of their citizens. The City of Saratoga has a substantial interest in
enforcing compliance with its Code in a manner that is efficient, fair, and
consistent with applicable state laws.
B. The City of Saratoga has a substantial interest in enforcing compliance with its
Code in a manner that is efficient, fair, and consistent with applicable state laws.
Administrative citations provide an additional tool to help enhance compliance
with the Code and lower enforcement costs borne by City taxpayers.
C. After conducting a noticed public hearing on December 16, 2009, the Saratoga
City Council and considering all evidence and testimony presented at that hearing
has determined that it is in the public interest to amend the City of Saratoga Code
to authorize the issuance of administrative citations for violations of the City
Code.
SECTION 2. Adoption.
Article 3-30 is hereby added to the Saratoga City Code as shown in Attachment A.
SECTION 3. California Environmental Quality Act.
Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14
California Code of Regulations (“CEQA Guidelines”) section 15061(b)(3) (the amendments are
exempt because it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment).
SECTION 4. Severance Clause.
The City Council declares that each section, subsection, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph,
sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it
would have adopted the remaining provisions of this ordinance irrespective of the portion held
invalid, and further declares its express intent that the remaining portions of this ordinance
should remain in effect after the invalid portion has been eliminated.
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SECTION 5. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the 16th day of December, 2009, and was adopted by the following
vote following a second reading on the 20th day of January, 2010:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
__________________________________
KATHLEEN KING
MAYOR OF THE CITY OF SARATOGA
Saratoga, California
ATTEST:
__________________________________
ANN SULLIVAN
CLERK OF THE CITY OF SARATOGA
Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
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Attachment A to Ordinance No. __
City of Saratoga Administrative Citations Ordinance
Article 3-30. Administrative Citations
3-30.010. - Applicability.
(a) Use of this article shall be at the sole discretion of the City and is one remedy that the City
has to address violations of the Code, as defined in this article. By adopting this article, the City
does not intend to limit its discretion or ability to utilize any criminal, civil or other remedies, or
any combination thereof allowed by law, to address any violations of the City's laws and
regulations.
(b) This article makes any violation of the provisions of the Saratoga City Code and other
regulations subject to civil fines.
(c) This article establishes the administrative procedures for the imposition, enforcement,
collection and administrative review of civil fines pursuant to California Government Code
Section 53069.4.
(d) An administrative fine shall be imposed by means of an administrative citation issued by an
Enforcement Officer and shall be paid directly to the City of Saratoga. Payment of a fine shall
not excuse a failure to correct a violation nor shall it bar further enforcement action by the City.
3-30.020. - Definitions.
As used in this article, the following words are defined as follows:
"Citation" means an administrative citation that is issued to a responsible person pursuant to this
article.
"Citee" means a responsible person to whom a citation is issued.
"City" means the City of Saratoga, California.
"Civil fine" is the monetary sanction established by resolution of the City Council that is
imposed by a citation.
"Code" means and includes:
(1) The entire Saratoga City Code and all Santa Clara County and State codes incorporated
therein by adoption or reference;
(2) Any condition imposed upon any entitlement, permit, approval or license;
(3) Any uncodified ordinance adopted by the Saratoga City Council; and
(4) All other State laws applicable to conduct or land use in the City of Saratoga.
"Director" means the Community Development Director of the City of Saratoga or that person’s
designee.
"Enforcement Officer" and “Officer” mean any officer, agent or employee of the City designated
by the City Manager to have the authority and responsibility to enforce this Code.
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"Hearing Officer" means a person, agency or body designated by the City Council to consider all
timely requests for an administrative hearing upon issuance of a citation.
"Notice of violation" means a written notice to a responsible person that a violation of this Code
has occurred. This notice may include a warning that an administrative citation assessing fines
may be issued unless the violation is terminated or abated.
"Owner" means and includes any person having legal title to, or who leases, rents, occupies or
has charge, control or possession of, or responsibility for, any real property in the City, including
all persons identified as owners on the last equalized assessment roll of the Santa Clara County
assessor's office. An owner of personal property or animals shall be any person who has legal
title, charge, control or possession of, or responsibility for, property. An owner may include an
agent, manager or representative thereof.
"Person" means and includes any individual, partnership of any kind, a corporation of any kind,
limited liability company, association, joint venture or other organization or entity, however
formed, as well as fiduciaries, trustees, heirs, executors, administrators, or assigns, or any
combination of such persons. "Person" also includes any public entity or agency that acts as an
owner in the City.
"Property" or "premises" means any real property, or improvements thereon, or portions thereof,
as the case may be. "Property" includes any parkway or unimproved public easement abutting
such real property. "Property" shall also include all forms of personal property or animals, where
applicable.
"Responsible person" means any person, whether as an owner, lessee, licensee, or otherwise, that
allows, causes, creates, maintains, or permits a violation of the Code to exist or continue, by any
act or the omission of any act or duty.
"Violation" means an act or omission of any act, or use or condition that constitutes an offense of
the Code, as well as a breach or violation of any condition of a permit, approval or license issued
pursuant to the Code. A "transient" violation is one that is brief or spontaneous in its
commission, or that is not typically confined to a fixed location. A "nontransient" violation is
continuing in nature and generally present at one location and is also described as a “continuing”
violation.
3-30.030. - Scope.
This article provides for imposition of a civil fine pursuant to a citation for any violation of the
Code, as well as for a breach or violation of any condition of a permit, approval or license issued
pursuant to the Code. This remedy may be utilized in place of, or in addition to, any other
remedy allowed by the Code or State law. The Enforcement Officer shall have sole discretion to
utilize any remedy or remedies as authorized by law.
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3-30.040. - Issuance of notice of violation.
(a) No administrative citation may be issued unless a notice of violation has first been issued in
accordance with this section unless the violation creates an immediate danger to health or safety.
When an Enforcement Officer determines that a responsible person has committed a violation of
the Code, the Officer shall issue a notice of violation to the responsible person. Such notice shall
serve as a written warning of responsibility and require immediate action by the responsible
person to abate the violation. The notice of violation shall specify a date within a period of at
least five days of the issuance or such longer period as the Officer determines, by which the
violation can reasonably be abated. If, after said correction period, the violation is not abated,
the Enforcement Officer may issue an administrative citation assessing fines in accordance with
this article.
(b) The notice of violation shall specify:
(1) Name and mailing address of the responsible person;
(2) The address or description of the location of the violation;
(3) The date of commission of the violation(s) or detection thereof by an Enforcement
Officer;
(4) The Code provision(s) violated;
(5) A description of the violation(s);
(6) The action(s) required to correct the violation(s) and any deadlines or time limitations
for commencing and completing such action(s);
(7) Possible amount of the fine for each violation, and the procedure and place to pay the
fine(s), and any late charge(s), if not timely paid;
(8) The name and signature of the Enforcement Officer issuing the notice of violation;
and
(9) Any other information deemed necessary by the Officer.
(c) On such form as may be provided for by the Director, any responsible person cited for a
violation that does not cause immediate danger to health or safety may petition the Officer for an
extension of time to correct the violation so long as the petition is received before the end of the
period allowed for correction, as stated in the notice of violation. The Officer may, in the
Officer’s sole discretion, grant an extension of time to correct the violation if the Officer
determines that the responsible person has supplied sufficient evidence showing that the
correction cannot reasonably be made within the stated period. The Officer’s decision shall be
final and, notwithstanding any other provision of this Code, not subject to appeal except in an
appeal challenging the issuance of an administrative citation.
3-30.050. - Issuance of administrative citation.
(a) Whenever an Enforcement Officer determines that a violation of the Code has occurred, the
Officer may issue a citation on a form approved by the City Attorney imposing a civil fine or
fines to the responsible person(s) in accordance with the provision of this Article. The citation
shall be issued following the correction period specified in the notice of violation or, if the
violation creates an immediate danger to health or safety, concurrently with the notice of
violation.
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(b) An Enforcement Officer may issue a notice of violation and/or a citation for a violation not
committed in the Officer's presence if the Officer has determined, through investigation, that the
Citee did commit, or is otherwise responsible for, the violation.
(c) Each day on which a transient violation occurs and each day upon which a nontransient
violation continues, shall be a separate violation for which a citation may be issued. A citation
may charge several violations of the Code.
(d) Each citation shall contain the following information:
(1) Name and mailing address of the responsible person;
(2) The address or description of the location of the violation;
(3) The date of commission of the violation(s) or detection thereof by an Enforcement
Officer;
(4) The date the notice of violation was issued and the date that notice set for correction
of the violation;
(5) The Code provision(s) violated;
(6) A description of the violation(s);
(7) Amount of the fine for each violation, and the procedure and place to pay the fine(s),
and any late charge(s), if not timely paid;
(8) When appropriate, the action(s) required to correct the violation(s), and, if applicable,
any deadlines or time limitations for commencing and completing such action(s);
(9) A description of the citation review process and the manner by which a hearing on a
citation may be obtained (including the form to be used and the period in which a request
must be made in order to be timely);
(10) The name and signature of the Officer; and
(11) Any other information deemed necessary by the Officer.
3-30.060. - Service.
The Enforcement Officer may issue a notice of violation, administrative citation, or any other
notice, order, or other document required to be given by this Article by personal service, mail, or
posting as specified below.
(1) For personal service the Enforcement Officer shall attempt to locate and personally
serve the responsible person and obtain the signature of the responsible person on the
administrative citation. If the responsible person served refuses or fails to sign the
document(s) served, the failure or refusal to sign shall not affect the validity of the
citation or of subsequent proceedings. If an agent, manager or representative of a
responsible person is personally served a copy of the document(s) served shall also be
served by first class mail to the responsible person at his/her last-known business or
residence address as the same appears in the records of the City, or, if the city lacks such
records, the County. In such instances, the date a copy of the document(s) served is
deposited with the U.S. Postal Service shall constitute the issuance date.
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(2) For service by mail the Enforcement Officer shall mail the document(s) being served
by certified mail, postage prepaid with a requested return receipt at the recipient’s last-
known business or residence address as the same appears in public records of the City, or,
if the City lacks such records, the County. Simultaneously, the citation may be sent by
first class mail. If the document(s) is sent by certified mail and the certification is
returned unsigned, then service shall be deemed effective pursuant to first class mail,
provided the document(s) sent by first class mail is not returned.
(3) For violations involving real property, if the Enforcement Officer is not able to serve
the responsible party in person or by mail, the Enforcement Officer shall post the
document(s) to be served on any real property within the City in which the City has
knowledge that the responsible person has a legal interest or possession, dominion and
control of, such property, or a portion thereof. Such posting shall be deemed effective
service, and the date of posting shall constitute the date of service.
3-30.070. - Civil fines, late charges—Collection of fees and costs.
(a) The amount of the fines for violating particular provisions of this Code shall be set in a
schedule of fines adopted from time to time by resolution by the City Council in accordance with
state law. The schedule may include escalating fine amounts for repeat violations occurring
within specified periods of time.
(b) The schedule of fines shall specify the amount of late payment penalty owed for any fine not
paid when due.
(c) Where no amount is specified by resolution of the City Council, the following fines shall
apply:
(1) A fine not exceeding $100.00 per day for a first violation;
(2) A fine not exceeding $200.00 per day for a second violation of the same ordinance or
permit within one year from the date of the first violation; and
(3) A fine not exceeding $500.00 per day for each additional violation of the same
ordinance or permit within one year from the date of the first violation.
Separate fines shall apply for each separate violation, however, in the event that multiple
violations are found to occur as a result of an investigation, each such violation listed in the first
citation following the investigation shall be considered a “first violation”.
(d) Civil fines and any late charges due shall be paid to the City at such location or address as
stated in the citation, or as may otherwise be designated by the Director.
(e) The due date for the City's receipt of a civil fine shall be thirty (30) calendar days from the
issuance date of a citation. Thereafter, a late charge shall be due and owing.
(f) Payment of a civil fine shall not excuse or discharge a Citee from the duty to immediately
abate a violation of the Code, nor from any other responsibility or legal consequences for a
continuation or repeated occurrence(s) of a violation of the Code.
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(g) Abatement of a violation shall not excuse the obligation of a Citee to pay a civil fine, or any
late charge.
(h) Unpaid civil fines and/or late charges shall constitute a debt that may be collected in any
manner allowed by law. Where authorized by law the City shall be entitled to recover its
attorney fees and costs arising from an action to collect a civil fine and/or late charge if it is the
prevailing person
3-30.080. - Right to an administrative hearing.
(a) Any Citee may contest the issuance of a citation by filing a request for an administrative
hearing with the Office of the City Clerk. The request for an administrative hearing shall be
made on a City-approved form and filed within fifteen (15)calendar days from the issuance date
of a citation. If the Office of the City Clerk does not receive the request in the required period,
the Citee shall have waived the right to a hearing and the citation and fine shall be deemed final.
(b) No fee shall be charged for the filing of a request for a hearing.
(c) Requests for a hearing shall be accompanied by the entire amount of the fine stated in the
citation. Failure to deposit a fine, or the tender of a nonnegotiable check in the required period,
shall render a request for an administrative hearing incomplete and untimely. Fines that are
deposited with the City shall not accrue interest. Fines deposited shall be returned to the person
tendering the fines within thirty (30) days in the event a citation is overturned. The City
Manager, upon concurrence of the Director of Public Works, may waive the requirement for
advance deposit of the fee for hardship in accordance with hardship standards and procedures to
be adopted by the City Manager and Director of Public Works from time to time.
3-30.090. - Administrative Hearing.
(a) The City Council shall designate or appoint, in accordance with applicable law, a Hearing
Officer. The employment, performance evaluation, compensation, and benefits of the Hearing
Officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative
citation fines upheld by the Hearing Officer.
(b) The hearings shall be attended by the Enforcement Officer and the Citee (or authorized
representative of Citee) and conducted pursuant to reasonable procedures to be established by the
Hearing Officer.
(c) After considering all of the testimony and evidence submitted at a hearing, the Hearing
Officer shall issue an administrative order at the conclusion of the hearing or within fifteen (15)
days to uphold or overturn the citation and shall state the reasons thereof. If the citation is upheld
and the violation has not been fully corrected as of the date of the hearing, the Hearing Officer
shall order correction thereof in the decision and state deadline(s) to complete such action(s).
The decision of the Hearing Officer shall be final. All fines shall become immediately due and
owing to the City in the full amount and if not paid may be collected as provided in this Code.
(d) The Superior Court is the sole reviewing authority and an appeal from a Hearing Officer's
decision is not appealable to the City Council. If a responsible person prevails on appeal, the City
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shall reimburse that person’s fine deposit in accordance with the court judgment. These monies
shall be mailed to the responsible person within thirty (30) calendar days of the City's receipt of a
notice of judgment or ruling from the Superior Court Clerk.
3-30.100. - Collection of delinquent fines.
(a) The City may use all available legal means to collect past due fines and other related costs.
(b) Any person who fails to pay any fine shall be liable in any action or collection procedure
brought by the City for all costs incurred to obtain payment of the delinquent amount, including,
but not limited to, administrative costs, collection costs, and attorneys' fees.
(c) Collection costs shall be in addition to any penalties, interest and late charges imposed upon
the delinquent obligation.
(d) Commencement of an action to collect a delinquent fine shall not preclude issuance of one or
more additional citations to the legally responsible person if the violation or violations persist
after the date for correcting them as stated in the administrative order.
3-30.110. - Collection by lien.
(a) If the fine owed by a Citee is for one or more violations on the Citee’s property, and the
citation was issued to abate a nuisance, and the amount has been delinquent ninety (90) days or
more, the delinquent amount shall become a lien on the property on which the violations
occurred.
(b) The City shall give written notice to the Citee of a hearing before the City Council regarding
the delinquent fine amount and related costs. The notice shall be mailed by first class mail at
least fourteen (14) days before the hearing. The notice shall state:
(1) The citation or citations resulting in the delinquent fine amount;
(2) The total of the delinquent fine amount and related costs;
(3) The date the delinquent fine amount was due;
(4) The street address, assessor's parcel number and legal description of the property
upon which the violations occurred;
(5) The date, hour and place of the hearing;
(6) A statement that the cited person or other legally responsible person may appear and
be heard;
(7) A statement that unless the fine amount is paid by the date specified in a resolution
by the City Council, the total amount due will become a lien and special assessment on
the property.
(c) At the lien hearing, the City Council shall hear and consider all competent evidence about
the delinquent fine amount. If it finds the amount is delinquent, it shall make a finding of fact
confirming that the delinquent fine amount and related costs are due the City as costs of nuisance
abatement. If the delinquent amount are affirmed, the total amount due is to be paid to the City
within five (5) days, after which the amount due will become a lien on the property.
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(d) If the amount due is not paid within five (5) days after the City Council confirms it and
orders it paid, the amount due shall constitute a lien upon the real property upon which the
nuisance violations existed and shall be a special assessment against the property. The lien shall
continue until the amount due and interest, computed at six (6) percent per annum from the date
of the City Council's confirmation, is paid or until it is discharged of record. If the amount due is
not paid as required by the City Council's order, a notice of lien shall be recorded in the Office of
the County Recorder and delivered to the County Tax Collector. The notice of lien shall be in
substantially the following form:
NOTICE OF LIEN CLAIM OF THE CITY OF SARATOGA
By the authority of Chapter 3 the Saratoga City Code, an administrative citation or
citations were issued regarding nuisance abatement at the real property described below.
Fines were assessed for the nuisance. By action of the City of Saratoga City Council,
recorded in its official minutes, the fines and related costs were confirmed as delinquent
and assessed against the property as costs of nuisance abatement.
The delinquent amount was not paid, therefore the City of Saratoga claims a lien on the
real property for the costs of abatement in the amount of $ ____________/
____________/ ____________, which shall be a lien on the real property until it is paid,
with interest at the rate of 6% per annum from the ____________day of ____________,
2 ____________[insert the date the City Council confirmed the delinquent fines and
related costs]. The lien shall continue until paid in full and discharged of record. It shall
also be a personal obligation against [insert name of property owner].
The real property upon which a lien is claimed is that certain parcel of land in the City of
Saratoga, County of Santa Clara, State of California, described as follows:
[Insert legal description.]
Dated this ____________day of ____________, 2 ____________
.
City of Saratoga
By: ____________
Mayor, City of Saratoga
(e) After the lien is confirmed and recorded, a certified copy of it shall be filed with the County
Auditor. The description of the parcel reported to the Auditor shall be the one used by the
County Assessor's map book for the current year. The County Auditor shall enter each
assessment on the County tax roll for the reported parcel of land. The amount of the assessment
shall be collected at the time and in the manner of ordinary municipal taxes.
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(f) If delinquent, the lien amount is subject to the same penalties and procedure of foreclosure
provided for ordinary municipal taxes. As an alternative method of collection, the County Tax
Collector, in his/her discretion, may collect the assessment without reference to the general taxes,
by issuing separate bills and receipts for the assessment. laws relating to the levy, collection and
enforcement of County taxes shall apply to such special assessment.
(g) The City may receive the amount due on the abatement costs and issue receipts at any time
after the confirmation of the statement, before August 1st of that current year. The City Council
may order a refund of any lien or assessment paid under this section if it finds that all or part of
the assessment has been erroneously levied. An assessment or part thereof shall not be refunded
unless a claim is filed with the City Clerk on or before March 1st after taxes become due and
payable. The claim shall be verified by the person who pays the tax, or his/her guardian,
executor, or administrator.
3-30.120. - Responsibility of parent(s) and/or legal guardians.
Whenever the responsible person is a person under the age of eighteen (18), the Enforcement
Officer shall provide copies of all notices, citations, and other documents specified in this article
to the parent(s) and/or legal guardian(s) of the responsible person. Any fine levied pursuant to
this article many be levied jointly and severally against the juvenile and the parent(s) and/or legal
guardian(s) of the juvenile. The parent(s) and/or legal guardian(s) shall have the right to a
hearing and judicial review as set forth in this article.
3-30.130. - Miscellaneous provisions.
(a) Failure of a Citee to comply with a corrective action stated in any uncontested citation, or
with regard to a correction order in any Hearing Officer decision that is deemed confirmed, shall
constitute a misdemeanor.
(b) Any person having a record of noncompliance with corrective action or nonpayment of
fine(s) may be required to post security in the form acceptable to the City Attorney to ensure
compliance with the Code as a condition to the issuance of any entitlement, permit, approval or
license.
(c) The Officer may dismiss a citation at any time if a determination is made that it was issued in
error, in which event any deposit of a fine shall be refunded. Notice of such action shall be given
to the Citee in writing.
(d) The City Manager is authorized to promulgate procedural rules and regulations governing
the civil administrative citation process consistent with this Article and applicable law.
P:\SARATOGA\RESOLUTI\Draft Administrative Citation Ordinance 12-07-09.doc