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Or to read the ordinance in its current state, please read below:
The city council has determined that
the enforcement of this
(Ord. No.
1016, § 1, 6-13-06)
Unless specifically defined below,
words or phrases used in this chapter shall be interpreted so as to give them
the meaning they have in common usage and to give this chapter its most reasonable application.
a. "Administrative
citation" is a notice issued by an enforcement officer pursuant to this chapter
that there has been a violation of the
b. "
c. "
d. "Enforcement
officer" is an individual designated by
the city manager to enforce the provisions of the
e. "Hearing authority" shall consist of any member of the senior management
team of the city, or any appointed non-employee hearing officer.
f. "Issuance date" is the day an administrative
citation is personally served on a responsible person, is mailed to a
responsible person, or is posted on real property where a property-related
violation occurred.
g. "Issue" means to give, mail, or post an administrative citation.
h. "Notice of decision" is a notice that informs a responsible person of a
decision made by a hearing authority pursuant to the provisions of this
chapter.
i. "Notice
of violation" is any notice that
informs a person that a violation of the
j. "Preliminary reviewing
authority" is the department head of
the issuing enforcement officer.
k. "Responsible person" is any of the following:
1. An individual or legal entity that, by
action or inaction, causes or maintains a
2. An individual or legal entity whose
agent, employee, or independent contractor, by action or inaction, causes or
maintains a
3. An owner of, or a lessee or sub-lessee,
with current right of possession of real property on which a
4. An individual or legal entity that uses
the property where the violation occurs.
5. An on-site manager of a business
normally working at the site when the business is open and responsible for the
activities at such business.
6. The owners, majority stockholders,
controlling owners, corporate officers, trustees, and/or general partners of a
legal entity that is a responsible person under subsections 1. through 5. above.
7. If any of the above persons are minors,
the parents or guardians of such minors shall be deemed the responsible person.
(Ord. No.
1016, § 1, 6-13-06)
For purposes of this chapter, the
city manager and his or her designated enforcement
officers shall have the power to issue notices of violation and field
citations, inspect public and private property, and use whatever judicial and administrative remedies are available under
this
(Ord. No.
1016, § 1, 6-13-06)
Enforcement officers are authorized to enter
upon any property or premises within the
(Ord. No.
1016, § 1, 6-13-06)
For the purpose of this chapter, the
enforcement officer may record with the
registrar-recorder/county clerk/county recorded a notice against a property
which is the subject of an administrative
enforcement action pending with the city.
A notice of pending administration action shall be on a form approved by the
city manager and shall describe the nature of the administrative
action and refer to the
(Ord. No.
1016, § 1, 6-13-06)
Whenever an enforcement officer determines that a violation exists, the enforcement officer may issue a notice of
violation to any responsible persons. The notice of violation must include the
following information:
a. The
b. A description of the condition creating
the violation(s).
c. The address where the violation(s)
occurs.
d. The name of the responsible person and
any other involved persons.
e. The date and, if relevant, time at which
the violation was observed.
f. If applicable, a list of any corrections
to bring the property into compliance.
g. A deadline or specific date to correct
the violations.
h. The signature of the enforcement officer issuing the notice of
violation.
i. The date of
issuance of the notice of violation.
(Ord. No.
1016, § 1, 6-13-06)
A notice of violation may be issued
as follows:
a. An enforcement
officer may personally serve the notice of violation on the responsible person,
or
b. An enforcement
officer may mail the notice of violation to the responsible person by first
class mail, or
c. An enforcement
officer may post a copy of the notice of violation on the subject property in a
conspicuous place for a property-related
(Ord. No.
1016, § 1, 6-13-06)
Regardless of whether a responsible
person(s) has already received a notice of violation or some comparable notice,
and failed to correct the violation within the time prescribed in the notice,
an enforcement officer may issue an administrative citation to each and every
responsible party previously notified. The administrative
citation gives notice of the administrative
fines or penalties imposed pursuant to this chapter.
(Ord. No.
1016, § 1, 6-13-06)
An administrative
citation shall include the following:
a. A description of the condition creating
the violations(s).
b. The address where the violation(s)
exists.
c. The name of the responsible person(s)
and any other involved persons.
d. The date and, if relevant, time at which
the violation was observed.
e. The amount and due date of the fine or
penalty.
f. A description of the procedure to pay
the fine.
g. A description of the procedure for
requesting the preliminary review, waiver of fine deposit, and hearing to
contest the administrative citation.
h. If applicable, a list of any corrections
to bring the property into compliance.
i. A statement that
any unpaid fines or penalties may be placed as a special assessment or lien
against the property where a violation occurs.
j.
k. The date of issuance.
l. Any other information deemed necessary
for enforcement or collection of the administrative fines.
(Ord. No.
1016, § 1, 6-13-06)
(a) Any violation of a provision of this
(b) Each and every responsible person
regarding a
(c) A violation that exists for more than
one (1) day shall be considered a separate and distinct violation for each day
that it exists. Each daily violation may be subject to the maximum fine or
penalty permitted under this chapter.
(d) An administrative
citation may charge a
(e) The administrative
fines and penalties delineated in this chapter are in addition to, and do not
preclude imposition of, any other remedies, criminal, civil, or administrative, available to the city.
Imposition of administrative fines or
penalties shall be at the sole discretion of the city.
(Ord. No.
1016, § 1, 6-13-06)
An administrative
citation may be issued in one (1) or more of the following ways:
a. An enforcement
officer may personally serve the citation on the responsible person. The
responsible person is required to sign a copy of the administrative citation showing his or her receipt, but his or
her failure to do so shall have no effect on the enforcement
of the citation, or
b. An enforcement
officer may mail the administrative
citation to the responsible person by first class mail, or
c. An enforcement
officer may post a copy of the administrative
citation on the subject property in a conspicuous place for a property-related
(Ord. No.
1016, § 1, 6-13-06)
(a) The administrative
fines for violations of this
(b) Administrative
fines not paid prior to their due date shall result in the imposition of a
penalty and interest for every day of delinquency, as set forth by resolution.
(Ord. No.
1016, § 1, 6-13-06)
(a) All fines are due on the day specified
in the administrative citation.
(b) Fines shall be paid to the city.
Payments shall be made in accordance with procedures established by the finance
director.
(c) Payment of a fine or penalty pursuant
to this chapter shall not excuse or discharge any continued or repeated
violation of this
(d) Pending a hearing by the hearing
authority, payment of a fine may be stayed if the preliminary reviewing
authority determines, pursuant to subsection 30-15(h), that a responsible
person is unable to pay the fine.
(Ord. No. 1016,
§ 1, 6-13-06)
(a) Failure to pay a fine or penalty before
the time set forth in the administrative
citation shall result in the imposition of interest and penalties, as established
by resolution.
(b) The city may pursue any and all legal
and equitable remedies for the collection of fines, including interest and
penalties.
(c) Delinquent fines, interest, and
penalties may be recorded as a lien or special assessment against the property
on which the
(d) The administrative
citation process described in this chapter does not preclude the city from
recovering any
(Ord. No.
1016, § 1, 6-13-06)
(a) A person that received an administrative citation may request a preliminary
review.
(b) A request for a preliminary review
shall be made in writing and filed with the city clerk and shall include all
information that the responsible person desires the preliminary reviewing
authority to consider in his or her preliminary review of the citation. A
request for preliminary review may include a request for waiver of the fine
deposit. A responsible person requesting a waiver of fine deposit bears the
burden to establish by substantial evidence, including sworn affidavit, that he
or she is unable to deposit the fine imposed by the administrative citation.
(c) The preliminary review shall be
conducted by the preliminary reviewing authority.
(d) The preliminary review shall include a
review of the notice of violation, the administrative
citation, the written request for a preliminary review, and any evidence the
responsible person may submit with the written request.
(e) The cited person shall be notified of
the results of the preliminary review within fourteen (14) calendar days of
filing a written request for preliminary review. The decision on a preliminary
review is not a final disposition and therefore is not subject to judicial
review.
(f) A request for preliminary review shall
not extend any time period for compliance, the due date of any fine imposed, or
the time to request an administrative
hearing.
(g) If the preliminary reviewing authority
concludes that no
(h) The preliminary reviewing authority
shall also rule whether the responsible person qualifies for waiver of the fine
deposit, if such a request has been made.
(Ord. No.
1016, § 1, 6-13-06)
(a) A cited person may request an administrative hearing.
(b) A request for an administrative hearing shall be made in writing
and filed with the city clerk, and shall include any grounds which the
responsible person wishes the city to consider. Unless waived upon preliminary
review, the request shall be accompanied by a deposit of the full amount of the
fine, plus any penalties imposed by the administrative
citation in the event the fine has not yet been paid.
(c) A cited person may request one (1)
continuance of a hearing provided he or she does so in writing before the date
of the hearing and states a reasonable basis for the request. Unless the city
issues a written notice of continuance, the hearing shall take place on the
date, time and location specified in the notice of hearing transmitted to the
cited person. A cited person's failure to attend a hearing shall constitute an
abandonment of the request for the hearing and a failure to exhaust administrative remedies.
(Ord. No.
1016, § 1, 6-13-06)
(a) The hearing shall be conducted by the
hearing authority on the date, time, and location specified in the notice of
hearing transmitted to the cited person.
(b) The notice of violation, the administrative citation, and other reports and
other reports prepared by an enforcement
officer concerning a
(c) The hearing authority shall allow the
cited person an opportunity to testify at the hearing and to present evidence
about any code violation specified in the notice of violation or administrative citation.
(d) The enforcement
officer or other representatives of the city may, but are not required, to
attend the hearing.
(e) The hearing authority may continue a
hearing from time to time and may allow a responsible person additional time to
remedy a violation. In addition, the hearing authority may request additional
information or evidence from the cited person.
(f) All hearings shall be recorded on a
video or audio device, unless the city elects to use a court reporter. If a
court reporter is not used, the city need not provide transcripts of any
hearings, but, within fifteen (15) calendar days after payment of reasonable
duplication fee, shall make the video and/or audio recordings available to the
responsible person. If a court reporter is used, a recipient of the administrative citation may obtain a copy of
the transcript upon payment of any applicable fees or costs.
(g) A hearing need not be conducted in
accordance with the technical rules of evidence. Any relevant evidence may be
admitted if it is evidence on which reasonable persons are accustomed to rely
in the conduct of serious affairs, regardless of the existence of any common
law or statutory rule which might consider such admission improper in a civil
action. Irrelevant or unduly repetitious evidence shall be excluded.
(h) After considering all testimony and
evidence submitted at the hearing, the hearing authority shall issue a written
decision to affirm, modify or dismiss the administrative
citation. The decision shall include the hearing authority's findings, as well
as information regarding the cited person's right to seek judicial review of
the decision and the time in which to do so. The city shall issue the cited
person a copy of the hearing authority's written decision (the "notice of
decision"). The decision of the hearing authority shall be final.
(i) If the
hearing authority determines that the administrative
citation should be affirmed, the fine and/or penalty amount of deposit with the
city shall be retained by the city.
(Ord. No.
1016, § 1, 6-13-06)
The city council, planning
commission, or other similar body, or city staff may consider the fact that a
person has been issued an administrative
citation when determining whether to grant, suspend, revoke, or deny any
permit, license, or other approval, regarding a matter related to the condition
causing the
(Ord. No.
1016, § 1, 6-13-06)
A cited person may seek judicial
review of the hearing authority's decision by filing a petition for review with
the
(Ord. No.
1016, § 1, 6-13-06)