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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. 1 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 2 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. 1 "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. 2 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. 3 (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. 4 (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. 5 (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 6 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. 7 (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. 8 (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)