HomeMy WebLinkAboutOrdinance 276ORDINANCE NO. 276
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:
AYES: Councilmember Chuck Page, Howard Miller, Vice Mayor Jill Hunter,
Mayor Kathleen King
NAYS: None
ABSTAIN: None
ABSENT: Councilmember Susie Nagpal
ATTEST:
ANN U LIVAN
CLERK OF THE CITY OF SARATOGA
Saratoga, California
APPROVED AS TO FORM:
RICHARD TAYLOR, CITY ATTORNEY
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SIGNED:
A //a1/10
KATHLEEN M. KING, MA OR
CITY OF SARATOGA
Saratoga, California
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
9
Legal Notice
Attorney for petitioner:
ROBERT J. PEACOCK
(SBN 099993)
291 JOAQUIN AVENUE
SAN LEA DRO, CA 94577
510 -483 -3400
2/2.2/9, 2/18)
AMEND-
T ` O D AUTHORIZE ISSU-
ANCE OF ADMINISTRA-
TIVE CITATIONS
FOR VIOLATIONS OF THE
SARATOGA CITY CODE
THE CITY COUNCIL OF
THE CITY OF SARATOGA
DOES ORDAIN AS FOL-
LOWS:
SECTION 1.Findings
A.The California Consti-
tution, Article XI section
7, provides cities and
counties with the au-
thority to enact ordinan-
ces to protect the
health, safety, welfare,
and morals of their citi-
zens. The City of Sara-
toga has a substantial
Interest in enforcing
compliance with its
Code in a manner that is
efficient, fair, and con -
sistent with applicable
state laws.
B.The City of Saratoga
has a substantial inter-
est in enforcing compli-
ance with its Code in a
manner that is efficient,
fair, and consistent with
& -cable state laws.
Administrative citations
provide an additional
tool to help enhance
compliance with the
Code and lower enforce-
Legal Notice
this ordinance irrespec-
tive of the portion held
invalid, and further de-
clares its express intent
that the remaining por-
tions of this ordinance
should remain in effect
after the invalid portion
has been eliminated.
SECTION 5.Publication.
This ordinance or a
comprehensive summa-
ry thereof shall be pub-
lished 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 read-
ing on the 20th day of
January, 2010:
AYES:Councilmember
Chuck Page, Hdward
Miller, Vice Mayor Jill
Hunter,
Mayor Kathleen King
NAYS:None
ABSTAIN:None
ABSENT: Counci (member
Susie Nagpal
SIGNED:
KATHLEEN M. KING,
MAYOR
CITY OF SARATOGA
CallforniaATTEST a '
ANN SULLIVAN
CLERK OF THE CITY OF
SARATOGA
Saratoga, California
APPROVED AS TO FORM:
Legal Notice
ministrative citation
that is issued to a re-
sponsible person pur-
suant to this article.
"Citee" means a respon-
sible person to whom a
citation is issued.
City' means the City of
Saratoga, California.
"Civil fine" is the mone-
tary sanction establish-
ed by resolution of the
City Council that is im-
posed by a citation,
Code" means and in-
cludes:
(1) The entire Saratoga
City Code and all Santa
Clara County and State
codes incorporated
therein by adoption or
reference;
(2) Any condition im-
posed upon any entitle-
ment, permit, approval
or license;
(3) Any uncodified ordi-
nance adopted by the
Saratoga City Council;
(4) All other State laws
land a I n o t c h o e n City of
Saratoga.
"Director" means the
Community Develop-
ment Director of the City
of Saratoga or that per-
son's designee.
"Enforcement Officer"
and "Officer" mean any
officer, agent or employ-
ee of the City designat-
ed by the City Manager
to have the authority
and responsibility to en-
force this Code.
"Hearing Officer" means
a erson, agency or
body designated by the
Legal Notice
tions thereof, as the
case may be. "Property'
includes any parkway or
unimproved b
mp public
easement abutting such
real property. "Proper-
ty" shall also include all
forms of personal prop-
erty or animals, where
applicable.
"Responsible person"
means any person,
whether as an owner,
lessee, licensee, or oth-
erwise, that allows,
causes, creates, main-
tains, or permits a viola-
tion 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 of-
fense of the Code, as
well as a breach or vio-
lation of any condition
of a permit, approval or
license issued pursuant
to the Code. A "transi-
ent" violation is one
that is brief or sponta-
neous in its commission,
or that is not typically
confined to a fixed loca-
tion. 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 per-
Legal Notice
(3) The date of commis-
sion of the violation(s)
or detection thereof by
an Enforcement Officer
pro vision(s The ilated ode
(5) A description of the
violation(s);
(6) The action(s) re-
quired to correct the
violation(s) and any
deadlines or time limita-
tions for commencing
and completing such
action(s);
(7) Possible amount of
the fine for each viola-
tion, and the procedure
and place to pay the
fine(s), and any late
charge(s), if not timely
paid;
(8) The name and signa-
ture of the Enforcement
Officer issuing the no-
tice of violation; and
(9) Any other informa-
tion deemed necessary
by the Officer.
(c) On such form as
may be provided for by
the Director, any re-
sponsible 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 vi-
olation so long as the
petition is received be-
fore the end of the peri-
od allowed for correc-
tion, as stated in the no-
tice of violation. The Of-
ficer may, in the Offic-
er's sole discretion
grant an extension of
time to correct the vio-
lation if the Officer de-
Legal Notice
contain the following In-
formation:
(1) Name and mailing
address of the responsi-
ble person;
(2) The address or de-
scription of the location
of the violation -
(3) The date of commis-
sion 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;
provision(s) violated ode
(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 limita-
tions for commencing
and completing such
action(s);
(9) A description of the
citation review process
and the manner by
which a hearing on a ci-
tation 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 sig-
nature of the Officer;
and
(11) Any other informa-
tion, deemed necessary
Legal Notice
records of the City, or, If
the City lacks such re-
cords, the County. Si-
multaneously, the cita-
tion 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 effec-
tive pursuant to first
class mail provided the
document(s) sent by
first class mail is not re-
turned.
(3) For violations in-
volving real prope if
the Enforcement Officer
is not able to serve the
responsible party in per-
son or by mail, the En-
forcement Officer shall
post the document(s) to
be served on any real
property within the City
in which the City has
knowledge that the re-
sponsible person has a
legal interest or posses-
sion, dominion and con-
trol 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 par-
ticular provisions of this
Code shall be set in a
schedule of fines adopt-
ed from time to time by
resolution by the City
Council in accordance
with state law. The
Legal Notice
Lion. 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 oth-
er responsibility or legal
consequences for a con-
tinuation or repeated
occurrence(s) of a viola-
tion of the Code.
(g) Abatement of a vio-
lation 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 i Citee may con-
test the issuance of a ci-
tation by filing a request
for an administrative
hearing with the Office
of the City Clerk. The re-
quest for an administra-
tive hearing shall be
made on a City-
approved form and filed
within fifteen
(15)calendar days from
ORDINANCE NO. 276
AN ORDINANCE AMEND-
ING THE SARATOGA CITY
CODE
TO AUTHORIZE ISSU-
ANCE OF ADMINISTRA-
TIVE CITATIONS
FOR VIOLATIONS OF THE
SARATOGA CITY CODE
THE CITY COUNCIL OF
THE CITY OF SARATOGA
DOE5 ORDAIN AS FOL-
LOWS:
SECTION 1.Findings
A.The California Consti-
tution, Article XI, section
7, provides cities and
counties with the au-
thority to enact ordinan-
ces to protect the
health, safety, welfare,
and morals of their citi-
zens. The City of Sara-
toga has a substantial
interest in enforcing
compliance with its
Code in a manner that is
efficient, fair, and con-
sistent with applicable
state laws.
B.The City of Saratoga
has a substantial- inter-
est in enforcing compli-
ance 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 enforce-
ment costs borne by
City taxpayers.
C.After - conducting a
noticed public hearing
on December 16, 2009,
the Saratoga City Coun-
cil and considering all
evidence and testimony
presented at that hear-
ing has determined that
it is in the public inter-
est to amend City of
Saratoga -Coder to au-
thorize the Issuance of
administrative citations
for violations, - of the City
Code.
SECTION 2.Adoptidn. ._
Article 3 -30 ,is hereby
added to the Saratoga
City Code as shown in
Attachment A. -
SECTION3.Ca[ifornIa-
Environrnental - Quality
Act
Pursuant to the Califor•
nia Environmental Quali-
ty Act ("CEQA"), this ac-
tion is exempt under. 14
California Codeof Regu-
lations (' "QEQA'
- lines")) - = section
15061(b)(3)f(the amend,'
ments are- ,exempt. be -,
cause it . - can be seen
with certain that - there
is no poesibi Ity that the
activity. lq question -may
havda significant effe
on the environment)
SECTION4.Sev eraice
The - Ctyt 'Council" de-
clares that each section,
subsect[oey -pparagraph,•,
subparagraph, -- ten,
tent= c[ause and
phrase offhis ordinance
is severable - and meet.
pendent 4 errY other
section
sentence e -clau u and
phrase otu this -ordr
nance7s If - any= section(
sub section, paragraph, -
sub paragraph Kasen=
tenceyrthealautedr.riend
dhrasef are. heid invalid;
they City.t tde:
claret = tthheta. It wotild
haver adopted the're-
maining= : Of
his ordinance Irrespec
live of the portion held
mva.id, and further de-
&a-es 35 express intent
that the remaining por-
tions of this ordinance
should remain in effect
after the invalid portion
has been eliminated.
SECTION 5.Petlication.
This ordinance or a
comprehensive summa-
ry thereof shall be pub-
lished 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
1 day of December,
2009, and was adopted
by the following vote
following a second read-
ing on the 20th day of
January, 2010:
AYES:Councilmember
Chuck Page, Howard
Miter, Vice Mayor Jill
Hunter,
Mayor Kathleen King
NAYS:None
ABSTAIN:None
ABSENT:Counc it member
Susie Nagpal
SIGNED:
KATHLEEN M. KING,
MAYOR
CITY OF SARATOGA
S a r a t o g a ,
CaliforniaATTEST'
ANN SULLIVAN
CLERK OF THE CITY OF
SARATOGA
Saratoga, California -
APPROVED AS TO FORM:
RICHARD TAYLOR, CITY
ATTORNEY.
Attachment A to Ordi-
nance No.-_
City of Saratoga Admin-
istrative Citations Ordi-
nance
Article 3
30.Administrative Cita-
tions
3-30.010. - A plicability.
(a) Use of this article
shall beat the sole dis-
cretion of the City and is
one remedy" that the
City has to address vio-
lations of the Code, as
defined in this article.
By'adopting this article
the .City not intend
to limit Its discretion -or
ability to - utilize any
criminal,`- civil or other
remedies/ Or any combi-
nation thereof allowed
by law;, to address any
violations of 'the City's
laws and regulations.: "
(b), _This article makgs
any violation of the pro-
visions' of, the - Saratoga
city Code and other reg
ulatlon5'sublect to civil
fines
(e) This- article estali:
fishes the admihistra = .
tive procedures for the
im pbsitiori ,_ - enforce -'
ment; collection( and ad-
ministrative review of
civil fines = 'pursuant. to.
California Gbvernmei3t
Code Section 53069 4. ',:,
(d).' An t administrative
fine shall be Imposed by
meaps of a`n-admmistra-
tive -- citation- Issued. by
an Enforcement Offiter
and shall be paid - direct-
ly tethe^Ci of Sarate ,
go. I Paymeq Of &O floe
shall net e).tcuse a-fall,
ure to correct a viola'
tiors_por =shall rt.bar fUEr
ther enforcement action
by tneC i ty
30020 - Definitions - -:
AS0used intthis
thefollowlhg words are
defined asfollows tad:
Citation" means an ad-
ninistratve citation
tna: is Issues :0 a re-
sponsible person per
scant to this article.
"Citee" means a respon-
sible person to when a
citation is ssued.
' City" means the City of
Sara :oca. California.
"Civil fine" is :he mone-
tary sanction establish-
ed by resolution of the
City Council that Is im-
posed by a citation.
Code" means and in-
cludes:
(1) The entire Saratoga
City Code and all Santa
Clara County and State
codes incorporated
therein by adoption or
reference;
(2) Any condition im-
posed upon any entitle-
ment, permit, approval
or license;
(3) Any uncodified ordi-
nance adopted by the
Saratoga City Council;
and
(4) All other State laws
applicable to conduct or
i
land use in the City of
Saratoga.
Director" means the
Community Develop-
ment Director of the City
of Saratoga or that per-
son's designee.
"Enforcement Officer"
and "Officer" mean any
officer, agent or employ-
ee of the City designat-
ed by the City Manager
to have the authority
and responsibility to en-
force this Code.
Hearing Officer" means
a person, acy o
body designat by the r
City Council to consider
all timely requests for
an administrative hear-
ing 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 admin.
istrative citation assess -
ing fines maybe issued
unless the violation is
terminated or abated.
408 -868 -1269
Owner" means and in-
cludes any person hav-
ing legal title to, or who
leases,- rents, occupies
or has charge, control or
pas—session of, or re-
sponsiblllty for, any real
property in the City, in-
eluding all persons /den-
tified as. owners -00 - the
last equalized assess -
ment'roll . of the Santa
Clara County assessor's
office. Arm owner of per=
tonal' propery- or_ ani-
mals- shall be any, per-
son who has legal title,
Charge, control or pos-
session of, or responsl-
bility. for,. properrttyy. An
owner maltyinclude an
agent, manager or rep-
resentativethereof - -c
-Person' means and in;
eludes any individual,
partnership.of any kind,
a corporation of any
kind limited, -; liability
companyr• ::association,
joint venture - or other
organization - Or entity
however formed as well
-
as fidUCtarles, Yrystee5,
heirs executersc as admit
istratiesincr signs, or
any combination of such
n A
pperso4 Person - 'also
irjdudes_any pubflc
y or agency that actsas .
an owner in the Cityc'e'e0
Qtoperty':_or- prem-
means anys real
property, :;or improver
merits thereon or : por-
bons thereof, as the
case may be. "Property"
includes any paraway or
unimproved putnic
easement abutting such
real property. 'Proper-
ty" shall also include all
forms or personal prop -
erty or animals, where
i
033 cable.
"Responsible person"
means any person,
whether as an owner,
lessee, licensee, or oth-
erwise, that allows,
causes, creates, main-
tains. or permits a viola-
tion 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 of-
fense of the Code, as
well as a breach or vio-
lation of any condition
of a permit, approval or
license issued pursuant
to the Code. A "transi-
ent" violation is one
that is brief or sponta-
neous in its commission,
or that is not typically
confined to a fixed loca-
tion. A nontransient"
violation i5 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 per-
mit, 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 discre-
tion to utilize any reme-
dy or remedies as au-
thorized by law.
3- 30.040: • Issuance -- of
notice of violation.
(a) No administrative
citation be issued
unless a notice of viola-
tion has first been is-
sued in accordance with
this section unless the
violation creates an im-
mediate danger to
health or safety. When -
an Enforcement Officer
determines that a re-
sponsible "person has
committed a violation of
the Code; the- Officer
shall issue a notice of vi-
olation to the responsi
ble person. Such notice
shall serve as -a written
warning responsibiei=
ty and require immedi-
ate action by the re-
sponsible , 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 ytolation
cart reasonably be abat-
ed. if -after said correc-
tion period, the violation
Is- not,abated the En-
forcement Officer May
issue;an administrative
citation- assessllil) lines
m- accordance well' this
article
(b),The notice of viola0
tion shall=speclfy : ;, - ?-
M.-.Name andd nailing
address of the responsi-
blepersonsix -
(2)ht The'address-or- de-
scription -of the location
bf the -
•
(3) The Gate of commis-
sion of :he vi0lat on(s)
or de-e - tne-eof cy
an Enforcement Officer;
i 4) Toe: C000
p-ov!sionls; 0i�l zzed;
5) 4 description of the
violationis:
16) The aeticnis) re-
quired to correct the
vio,at!onls) and any
deadlines or time limita-
tions for commencing
and completing such
action(s);
(7) Possible amount of
the fine for ea0n viola-
tion, and the procedure
and place to pay the
fine(s), and any late
charge's), if not time!y
paid;
(8) The name and signa-
ture of the Enforcement
Officer issuing the no-
tice of violation; and
(9) Any other informa-
tion deemed necessary
by the Officer.
(c) On such -form as
may be provided for by
the Director, any re-
sponsible person cited
for a violation that does
not cause immediate
danger to health or
safety may petition the
Officer for an extension
of time correct the vi-
olation so long as the
petition is received be-
fore the end of the peri-
od allowed for correc-
tion, as stated in the no-
tice of violation. The Of-
ficer may, in the Offic-
er's sole discretion,
grant an extension of
time to correct the vio-
lation if the Officer de-
termines that the re-
sponsible person has
supplied sufficient evi-
dence showing that the
correction cannot rea-
sonably be made within
the stated period. The
Officer's decision shall
be final and, notwith-
standing any other pro-
vision of this Code, not
subject to appeal except
in an appeal challenging
the issuance of an ad-
ministrative citation.
3- 30.050. - Issuance of
administrative citation.
(a) Whenever an En-
forcement Officer deter-
mines that a violation of
the Code has occurred,
the Officer may issue a
citation on a form :ap -
proved by City At-
torney imposing. a civil
-fine or fines td_the.re-
sponsible- person(s). In
accordance, with, the
provision of this Article
The citation' shall be is-
sued following the cor-
rection period specified
in the notice of violation
or, if the, violation cre-
ates an. immediate dan-
ger to health ar safety,
Concurrently with the
notice of Violation,
(b) An Enforcement Of-
ficer may issue a notice
of violation and/or a ci-
tation for a violation not
committed in- the Offic-
er's presence if the Offi-
cer has - determined,
through. Investlgetion,
that the Citee did com-
mit or is otherwise re-
sponsible -for, theylola-
(c) Each day on which a
transient' violation'- -.DC-
curs and each day updn
which a gontrensiei)tyi-
olation' contindcs - shall
be. a, separat¢ violation
for Which a citation may
be issued. - A citation
may charge`seVeral vio-
lations of the_Code-
(d) Each citation shall
contain the m- -eOO-as of the City, J '. Lion. Thereafter a late
iormat!O n' :he City lacks s_ich re- cra-ge shat' be sJe and
(1) Name and mailing cords. the Ctun-v. 0: Owing.
address of the responsi- multana_pusly, :he ena-
ble person: : :on may be sect by firs: (') eayment of a civil
(2) The address or ee- - lass nail. If - 1E +'.roe snail not excuse or
soriotion of the location document(0) !s sent Gy nisc0arge a O tee from
of the vio ■40:00: certified mail and me the Duty to Imrned.ately
(3) The date of commis- certification is returnee abate a vi0Iabon of the
sion of the violation's) unsigned, men service Code. nn- from any 0t1-
or detection thereof by shall be deemed effec- er responsibi r-y or lege,
an Enforcement Officer; live pursuant to first consequences tor a corn
(4) The date the notice class mail, provided the tinuanon or repeated
of violation was issued document(s) sent ny occurrence (s) of a viola -
and the date that notice first class mail is not re- tion of the Code.
set for correction of the turned.
0013 :Ion; (3) FOr vio;ations in- (5) Abatement Of a vi0-
(5) The Code v0l0ing real property, if lation shall not excuse
provision(s) violated: the Enforcement Officer the obligation of a Citee
(5) A description of the is not able to serve the to pay a civil fine, or any
vwlation(s); responsible party in per- late charge.
(7) Amount of the fine son or by mail, the En-
for each violation, and forcement Officer snail (h) Unpaid civil fines
the procedure and place post the document(s) to and/or laze charges
to pay the fine(s), and be served on any real shall constitute a debt
any late charge(s), if not property witnin the City that may be collected in
timely paid; in which the City has any manner allowed by
(8) When appropriate, knowledge that the re- law. Where authorized
the action(s) required to sponsible person has a by law the City shah be
correct the violation(s), legal interest or posses- entitled to recover Its
and, if applicable, any sion, dominion and con- attorney fees and costs
deadlines or time limita- trot of, such property, or arising from an action to
lions for commencing a portion thereof. Such collect a dell fine
and completing such posting shall be deemed and /or late charge if it
action(s); effective service, and is the prevailing person
(9) A description of the the date of posting shall
citation review process constitute the date of 3- 30.080. - Right to an
and the manner by service. administrative hearing.
which a hearing on a el- 3- 30.070. - Civil fines, (a) Any Citee may con -
tation may be obtained late charges- Collection test the issuance of a c'i-
(including the form to of fees and costs. tation by filing
a request
be used and the period (a) The amount of the for an administrative
in which a request must fines for violating par- hearing with the Office
be made in order to be titular provisions of this of the City Clerk. The re-
timely); Code shall be - set in a quest for an administra-
(10) The name and - sig- schedule of fines adopt- live hearing shall be
nature of the Officer; ed from time to time by made on a City-
and resolution by the City approved form and filed
(11) Any other informa- Council in accordance within fifteen
tion deemed necessary with state law. The (15)calendar days from
by the Officer. schedule may include the issuance date of a
3- 30.060. - Service. escalating fine amounts citation. If the Office of
The Enforcement Officer for repeat violations oc- the City Clerk does not
may issue a notice of vi- curring within specified receive the request !n
olation, administrative periods of time. the required period, the
citation, or any other Citee shall have waived
notice, order, or other (b) The schedule of the right to a hearing
document required., to fines shall specify the and the citation and fine
be given by this Article amount of late payment shall be deemed final.
by personal service, penalty owed for any
mail, or posting as fine not paid when due. (b) No fee shall be
specified below. charged for the fling of,
(1) For personal service (c) Where no amount is a request for a hearing.
the Enforcement Officer specified by resolution
shall attempt to locate of the City Council, the (c) Requests for a hear-
and personally serve the following fines shall ap- ing shall be accompa-
responsible person and ply: nied by the entire
obtain the signature of .(1) A fine not exceeding amount of the fine stat-
the responsible person $100.00 per day for a ed in the citation. Fail -
on the administrative cl- first violation; ure to deposit a fine, or
tation: If the responsi- (2)" A fine not exceeding the tender of a nonne-
ble person served refus- $200.00 per' for a gotiable check in the re-
es or fails to sign the second violation of the quired period, shall ren-
document(s) served, the same ordinance or per- der a request for an ad-
failure or refusal to sign mit within one year from ministrative hearing in-
shalt not affect the val- the date of the first vio- complete and untimely.
idity_of the citation or of lation; and Fines that are deposited
subsequent proceed- (3) A fine not exceeding with. the City shall not
ings. If an agent, man- $500.00 per day for each accrue interest Fines
ager 01' representative additional violation of deposited shall be re-
of a responsible _person the same ordinance or turned to the person
is personally served a permit within one year tendering the fines with -
copy of the document(s) from the date of the first in thirty (30) days in the
served shall also be violation. - event a citation is_over-
served : by .first class Separate fines shall ap- turned. The City Manag-
mail to the responsible ply for each separate vi- er, upon concurrence of
person at his/her -last- olation, however, In the the Director of Public
known business or resi- event that multiple vio- Works,. may waive the
dente address as the lations are found to oc- requirement for ad-
same appears in the re- cur as a result of an in- vane deposit of the fee
cords of - the City, or, If vestigation,"- each - such- for hardship/ in' accord -
the city lacks such re- violation ksted in the ante, with - hardship
cords,. the County. In first citation following standards and proce-
such instances, the date the - investigation shall dures to be adopted by ;
a -, copy of the be considered a "first air the _ City Manager and
documents) . served" Is elation" , --. Director of Public Works
deposited with the U.S. T - . from time to time. -
Postal Service shall con- (d). Civil fines and any '
stitute the." issuance late charges due- shall- 3- 30.090. - Administra-
date. - - be -Paid to the- Cittyy at tive Hearing. -
(2) For service by mall such location oraddr (a) — The' City Council
the Enforcement Officer as stated in the citation, shall- designate or ap-
shall -,., mall the or as may otherwise be pointy= in accordance
documents) - being designated by the Girec -- with applicable law; a:
served by =certifiied mail; tor - _ _ - Heering'Officer. The em--
postage= prepaid With -ta ya _ ._ plc menti: performance,
requested return receipt (e) datefor the evalluation, compensa-
at the' recipient's 'last- City's receipt of a civil tion, and benefits of_ the'
known - business or resi- fine shall be thirty (30) Hearing Officer, if any,`
denten address- as the calendar - days -from the sit II -- not. be directly or:
same appears - in public issuance - date of a cita- indirectly—:,conditioned
FEBRZTARY2; 2010 'SARATOGA NEWS 57 _
upon the amount of ad-
ministrative citation
fines upheld by the
Hearing Officer.
(b) The hearings shall
be attended by the En-
forcement Officer and
the Citee (or authorized
representative of Citee)
and conducted pursuant
to reasonable proce-
dures to be established
by the Hearing Officer.
(c) After considering all
of the testimony and
evidence submitted at a
hearing, the Hearing Of-
ficer shall issue an ad-
ministrative order at the
conclusion of the hear-
ing or within fifteen (15)
days to uphold or over-
turn the citation and
shall state the reasons
thereof. If the citation is
upheld and the violation
has not been fully cor-
rected as of the date of
the hearing, the Hearing
Officer shall order cor-
rection thereof in the
decision and state
deadline(s) to complete
such action(s). The deci-
sion of the Hearing Offi-
cer shall be final. All
fines shall become im-
mediately due and ow-
ing to the City in the full
amount and if not paid
may be collected as pro-
vided in this Code.
(d) The Superior Court
is the sole reviewing au-
thority and an appeal
from a Hearing Officer's
decision is not
appealable to the City
Council. If a responsible
person prevails on ap-
peal, the City shall reim-
burse that person's fine
deposit in accordance
with the -court • judg-
ment. These monies
shall be mailed to the
responsible person
within thirty (30) calen-
dar days of the City's re-
ceipt of a notice of judg-
ment 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 ac-
tion or collection proce-
dure brought by the City
for all costs incurred to
obtain payment of the
delinquent amount, in-
cluding, but not limited
to, administrative costs,
collection costs, and at-
torneys' fees.
(c) Collection costs
shall be in addition to
any penalties, interest
and late charges im-
posed upon the delin-
quent obligation.
(d) Commencement of
an action to collect a de-
linquent fine shall not
preclude issuance of
one or more additional
citations to the legally
responsible person if
the violation or viola-
tions persist after the
date for correcting them
as stated in the adminis-
trative 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 cita-
tion was issued to abate
a nuisance, and the
amount has been delin-
quent ninety (90) days
or more, the delinquent
amount shall become a
lien on the property on
which the violations oc-
curred.
(b) The City shall give
written notice to the
Citee of a Nearing before
the City Council regard-
ing 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 cita-
tions resulting in the de-
linquent fine amount;
(2) The total of the de-
linquent fine amount
and related costs;
(3) The date the delin-
quent fine amount was
due;
(4) The street address,
assessor's parcel num-
ber and legal descrip-
tion of the property
upon which the viola-
tions occurred;
30'3
(5) The date, hour and
place of the hearing;
(6) A statement that the
cited person or other le-
gally responsible person
may appear and be
heard;
(7) A statement that un-
less the fine amount is
paid by the date speci-
fied in a resolution by
the City Council, the to-
tal amount due will be-
come a lien and special
assessment on the
property.
(c) At the lien hearing, City Council shall
hear and consider all
competent evidence
about the delinquent
fine amount. If it finds
the amount is delin-
quent, it shall make a
finding of fact confirm-
ing that the delinquent
fine amount and related
costs are due the City as
costs of nuisance abate-
ment. If the delinquent
amount are affirmed,
the total amount due is
to be paid to the City
within five (5) days, af-
ter which the amount
due will become a lien
on the property.
(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 con-
stitute a lien upon the
real property upon
which the nuisance vio-
lations 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 an-
num from the date of
the City Council's confir-
mation, 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 re-
corded 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 SARATO-
GA
By the authority of
Chapter 3 the Saratoga
City Code, an adminis-
trative citation or cita-
tions were issued re-
garding nuisance abate-
ment at the real proper.
F described below.
ines 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 de-
linquent and assessed
against the property as
costs of nuisance abate-
ment.
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 re-
al property until it is
paid, with interest at the
rate of 6% per annum
from the
day of
2
[insert
the date tI e City Council
confirmed the delin-
quent 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 Sara-
toga, County of Santa
Clara, State of Califor-
nia, described as fol-
lows:
[Insert legal
description.]
Dated this
day of
2
City of Saratoga
By:
Mayor, City of Saratoga
(e) After the lien is con-
firmed 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 en-
ter each assessment on
the County tax roll for
the reported parcel of
land. The amount of the
assessment shall be col-
lected at the time and in
the manner of ordinary
municipal taxes.
(f) If delinquent, the lien
amount is subject to the
same penalties and pro-
cedure 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 sepa-
rate bills and receipts
for the assessment.
laws relating to the levy,
collection and enforce-
ment of County taxes
shall apply to such spe-
cial assessment.
(g) The City may re-
ceive the amount due on
the abatement costs
and issue receipts at
any time after the con-
firmation of the state-
ment, before August 1st
of that current year. The
City Council may order a
refund of any lien or as-
sessment paid under
this section if it finds
that all or part of the as-
sessment has been erro-
neously levied. An as-
sessment or part there-
of 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 per-
son who pays the tax, or
his /her guardian, execu-
tor, or administrator.
3- 30.120. - Responsibility
of parent(s) and /or legal
guardians.
Whenever the responsi-
ble person is a erson
under the age of eight-
een (18) the Enforce-
ment Officer shall pro-
vide copies of all noti-
ces, citations, and other
documents specified in
this article to the
parent(s) and /or legal
guardian(s) of the re-
sponsible person. Any
fine levied pursuant to
this article many be lev-
ied jointly and severally
against the juvenile and
the parent(s) and/or le-
gal guardian(s) of the
juvenile. The parent(S)
and /or legal guardian(s)
shall have the right to a
hearing and judicial re-
view as set forth in this
article.
3- 30.130. - Miscellaneous
provisions.
(a) Failure of a Citee to
comply with a correc-
tive action stated in any
uncontested citation, or
with regard to a correc-
tion order in any Hear-
ing Officer decision that
is deemed confirmed,
shall constitute a misde-
meanor.
(b) Any person having a
record of noncompli-
ance with corrective ac-
tion 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 enti-
tlement, permit, appro-
val or license.
(c) The Officer may dis-
miss a citation at any
time if a determination
is made that it was is-
sued 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 promul-
gate procedural rules
and regulations govern-
ing the civil administra-
tive citation process
consistent with this Ar-
ticle and applicable law.
P: \SARATOGA \RESO LUTI
\Draft Administrative Ci-
tation Ordinance 12-07 -
09.doc
(Pub Sn 2/2)