§ 1-7.6. Administrative citations.

(a)

Purpose and Intent. Pursuant to Government Code Section 53069.4, the County is authorized to adopt an administrative citation program. The purpose of this section is to provide the county with another method to enforce the Sonoma County Code; ordinances adopted by the county; and licenses, permits, and approvals issued by the county.

(b)

Application. This section shall not supersede or limit the remedies provided elsewhere in this Code or California Code of Regulations, including other administrative citation remedies. Issuance of an administrative citation may be exercised in place of, but shall not be deemed a waiver of, the use of any other available enforcement remedy. Enforcement remedies under this section are nonexclusive. The use of the remedies under this section is at the sole discretion of the county. However, the Sonoma County District Attorney shall have sole discretion to determine whether a violation will be prosecuted criminally.

(c)

Definitions.

Enforcing officer. "Enforcing officer" means any officer, employee, or agent of the county that is authorized by this Code, ordinance, state law, or board action to enforce or administer any law that may be enforced by an administrative citation issued under this section. "Enforcing officer" includes the deputy or designee of such officer, employee, or agent. The board may from time to time establish enforcing officers by resolution.

Person. "Person" has the same definition as set forth in Section 1-2 of this code.

Responsible party. "Responsible party" means any of the following:

Any person that causes, maintains, permits, or is otherwise responsible for a violation as defined in this section; or

A person who has an ownership interest in real property upon which a violation exists; or

A person who exercises possession or control of real property upon which a violation exists, including but not limited to a tenant, agent, employee, contractor, subcontractor, or other occupant.

Violation. "Violation" means the failure to comply with any provisions of this code; ordinances adopted by the county; or licenses, permits, and approvals issued by the county. Each day, or any portion thereof, during which any violation continues, exists, or occurs shall be deemed a separate violation for which an administrative citation may be issued and a fine maybe incurred. Each distinct code section, ordinance, license, permit, approval, or law violated shall give rise to a separate violation that may be cited.

(d)

Administrative Citation.

(1)

Any responsible party who commits a violation as described in this section may be issued a citation by an enforcing officer.

An enforcing officer may issue a citation for a violation not committed in the enforcing officer's presence if the enforcing officer has determined, through investigation, that a responsible party did commit or is otherwise responsible for the violation,

(2)

If the violation is a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues, and does not create an immediate danger to health and safety, then the enforcing officer may issue a compliance order and, if so, shall provide a correction period before an administrative citation may be issued. The compliance order shall include all of the information required for administrative citations pursuant to this subsection, except that the compliance order shall also provide (i) a specified time period, beginning on the service date, within which the violation must be corrected, (ii) notice that an administrative citation may be issued, and the citation may be recorded against the property, if the violation is not corrected by the end of the correction period, and (iii) notice that the administrative citation will not be issued if the violation is corrected by the end of the correction period. The enforcing officer may, in his or her sole discretion, extend the time in which to correct the violation.

Upon or after the expiration of the correction period provided, the enforcing officer shall inspect for compliance. If the responsible party refuses to allow inspection after a reasonable demand, the enforcing officer may obtain an inspection warrant pursuant to Code of Civil Procedure Section 1822.50 et seq. Failure of the responsible party to allow inspection shall be deemed a failure to correct.

If the enforcing officer determines that the violation is not adequately corrected at the time of inspection, the enforcing officer may serve the responsible party with an administrative citation for the violation.

(3)

All violations that are not subject to the provisions of Section 1-7.6(d)(2), including (i) non-continuing violations, (ii) all violations creating an immediate danger to health and safety, and (iii) continuing violations unrelated to building, plumbing, electrical, or other similar structural or zoning issues, are punishable by administrative citation without a correction period. Nothing in this paragraph shall limit the authority of any county department or enforcing officer to, in their discretion, provide for a correction period for any type of violation,

(4)

An administrative citation will include all of the following information:

The name and mailing address of the responsible party, as available or apparent to the enforcing officer.

A description of the violation and the code section(s) violated.

The date and approximate time of the violation or the inspection in which the violation was observed or detected.

The location of the violation or the inspection in which the violation was observed or detected.

An order prohibiting the continuation or repeated occurrence of the violation.

Corrective action(s) required to obtain compliance, and a statement that corrective actions must comply with the requirements of this code, including permitting requirements.

The amount of the administrative fine.

The time period in which the administrative fine must be paid, the procedure and place to pay the fine(s), and any late charge(s) and interest if not timely paid.

A statement that payment does not excuse correction of the violation.

A description of the administrative citation appeal process, including the time within which to appeal the administrative citation.

The name and signature of the enforcing officer.

The date of issuance of the citation.

(e)

Service.

(1)

The administrative citation, compliance order, and all other notices served under this section shall be served on a responsible party as follows, unless another means of service is specified or agreed to:

An enforcing officer may personally serve the responsible party. The enforcing officer may obtain the signature of the responsible party to establish personal service. If the responsible party refuses to or otherwise does not provide a signature, the lack of signature shall in no way affect the validity of the administrative citation or related proceedings. The enforcing officer shall write on the citation's signature line that the responsible party refused to sign the citation.

The enforcing officer may effect service by first class mail and certified mail, postage prepaid and return receipt requested, to any one of the following: the property address where the violation is being maintained, the mailing address listed for the property owner on the last county equalized assessment roll, or any other location reasonably calculated to give notice to the responsible party.

If the responsible party is an entity and not an individual, and the proprietor or other individual authorized to accept service on behalf of the entity is at or near the premises, the enforcing officer may attempt personal service on such proprietor or individual or leave notice with an employee of the entity. A copy shall also be sent by first class mail and certified mail, postage prepaid and return receipt requested, to the property where the violation is being maintained or any other location reasonably calculated to give notice to the responsible party.

(2)

Personal service shall be effective on the date of personal service. Service by mail shall be effective on the date of verified receipt of certified mail. If the citation or notice is returned as unable to serve via certified mail, service is effective on the date three (3) days following deposit in the first-class mail.

(3)

Proof of service may be made by a declaration of service by any officer or employee of the county or by affidavit of any person over the age of eighteen (18) years.

(4)

The failure of a person to receive or accept a properly addressed service shall not affect its validity or the validity of any proceedings relating to the violation).

(f)

Fines.

(1)

Except as otherwise provided in this code, for any violation that is subject to this section, the fine imposed by an administrative citation shall be up to one hundred dollars ($100.00) for a first violation, up to two hundred dollars ($200.00) for a second violation of the same ordinance within one (1) year, and up to five hundred dollars ($500.00) for each additional violation of the same ordinance within one (1) year.

Except as otherwise provided in this code, the amount of the fine for a violation of a building or safety ordinance shall be up to one hundred dollars ($100.00) for a first violation, up to five hundred dollars ($500.00) for a second violation of the same ordinance within one year, find up to one thousand dollars ($1,000.00) for each additional violation of the same ordinance within one (1) year.

(2)

If the maximum fine amounts established, by or referenced in Government Code section 53069.4 are increased or decreased by amendment, the fine amounts set forth in this subsection shall automatically be adjusted to equal the amended maximum amounts.

(3)

This subsection shall not supersede or limit any code section that provides for administrative citations with fines that differ from those specified in this subsection.

(g)

Payment. The fine must be paid to the address specified in the administrative citation within thirty (30) days after the service of the citation. Payment of the fine under this section does not excuse any continuation or repeated occurrence of the violation that is the subject of the fine. The payment of a fine does not bar the county from taking any other enforcement action regarding a violation that is not corrected. Abatement of a violation shall not excuse the obligation of the responsible party to pay a fine or any late charges or interest imposed on its untimely payment.

(h)

Appeal.

(1)

Any person to whom an administrative citation is issued may contest the citation by requesting a hearing pursuant to the procedures set forth in this section. The request must be made in a written appeal submitted within thirty (30) days after the service of the citation. The appeal must contain:

A brief statement setting forth the interest the appealing party has in the matter.

A brief statement of the material facts that the appellant claims supports the contention that no administrative fine should be imposed or that an administrative fine of a different amount is warranted.

An address at which the appellant agrees to receive, by first class-mail, notice of any additional proceedings or an order relating to the imposition of the administrative fine. Service of such notices shall be effective three (3) days following deposit in the first-class mail.

A signature by the appellant under penalty of perjury.

(2)

The appeal must be submitted with either (i) an advance deposit of the full amount of the fine or (ii) notice that a request for an advance deposit hardship waiver has been filed pursuant to this section. No hearing to contest an administrative citation shall be scheduled or heard unless and until the administrative fine has been deposited in advance or ah advance deposit hardship waiver has been granted.

(3)

The failure of any person to file a proper appeal in accordance with this section shall constitute a failure to exhaust administrative remedies, and a waiver of the right to an administrative hearing and adjudication of the administrative citation or fine or any portion thereof. The enforcing officer's decision regarding the violation and the amount of the fine shall be deemed confirmed.

(4)

The appeal provisions in this section may be applied in the absence of procedures to contest administrative citations authorized elsewhere in this Code but shall not supersede or limit any appeal and hearing procedures provided elsewhere in this code.

(i)

Advance Deposit Hardship Waiver.

(1)

Any person who requests a hearing and who is financially unable to pay the advance deposit of the fine as required by this section may file a request for an advance deposit hardship waiver.

(2)

The request for an advance deposit hardship waiver shall be filed with the county department that issued the administrative citation. The request shall be documented by a sworn statement, together with any supporting documents or materials, demonstrating the person's financial inability to deposit the full amount of the administrative fine in advance of the hearing. The director or designee may request additional information to verify the appellant's financial inability. The requirement that the full amount of the fine be deposited pursuant to this section shall be stayed until the director or designee makes a determination.

(3)

The director or designee shall issue a written determination of whether or not to issue the advance deposit hardship waiver. If the director or designee determines not to issue an advance deposit hardship waiver, the person shall remit the advance deposit of the fine to the county within seven (7) days of service of that decision to the address provided in the written appeal. Failure to pay the deposit in a timely manner shall result in a waiver of the right to a hearing before the hearing officer. The decision of the director or designee shall be final and there shall be no right of appeal to the board of supervisors.

(j)

Notice of Hearing,

(1)

Only after a request for hearing is received within the required period, and the responsible party requesting the hearing has either deposited the fine in full or obtained an advance deposit hardship waiver, shall the county set the date and time for the appeal hearing.

The hearing shall be set for a date no more than sixty (60) days from the date of a timely filed appeal unless the enforcing officer determines that good cause exists for an extension of time.

(2)

The appellant shall be served with notice of the date, time, and place set for the hearing at least fifteen (15) days prior to the date of the hearing. Notice shall be mailed to the address provided in the written appeal.

(3)

If the enforcing officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall also be served on the person requesting the hearing at least five (5) days prior to the date of the hearing.

(4)

Hearings may be continued once at the request of the appellant or the enforcing officer who issued the citation. The hearing officer may also continue the hearing on his or her own accord for cause.

(k)

Hearing Officer. The hearing officer shall be a person designated by the board of supervisors to preside over hearings concerning administrative citations. The designated hearing officer shall be an impartial person, such as:

An Administrative Law Judge provided by the State of California Office of Administrative Hearings pursuant to Government Code section 27727;

Any duly appointed individual who meets the requirements of Government Code section 27724; or

An independent contractor hired from an organization that provides hearing officers.

(l)

Conduct of Hearing.

(1)

The hearing serves to provide full opportunity for a person subject to an administrative citation to object to the determination that a violation has occurred, that the violation continues to exist, that the cited person was in fact the person responsible for the violation, and/or the amount of the administrative fine.

(2)

At the place and time set forth in the notice of hearing, the hearing officer shall conduct a hearing and consider all written or oral evidence presented at the hearing. Administrative hearings are informal and need not be conducted according to technical rules related to evidence and witnesses, except as provided herein. Irrelevant evidence shall be excluded, and the hearing officer has discretion to exclude evidence if it its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time. Each party shall have the opportunity to present evidence in support of that party's case and to cross examine any witnesses present. Oral evidence shall be taken only on oath or affirmation. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible in civil actions. The refusal of a witness at a hearing to answer any question which has been ruled to be proper may be grounds for striking the portions of the testimony of such witness on related matters or making such inferences as may be proper under the circumstances, unless the refusal to answer is privileged. The county bears the burden of proof to establish the violation, and the standard of proof shall be by a preponderance of the evidence.

The administrative citation and any additional report submitted by the enforcing officer or his or her designee shall constitute prima facie evidence of the respective facts contained in those documents.

Parties may represent themselves or be represented by any person of their choice.

(3)

The hearing officer may continue the hearing and request additional information from the enforcing officer or the person receiving the administrative citation prior to issuing a written decision.

(4)

Absent a showing of good cause or the prior granting of a continuance in writing, the failure of the appellant to appear at the hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.

(m)

Decision.

(1)

In making a decision regarding the administrative fine, the hearing officer shall consider all evidence presented; the seriousness of the violation; the willfulness of the responsible party and the responsible party's efforts to correct the violation; the injury or damage, if any, suffered by any member of the public; any instances in which the responsible party has been in violation of the same or similar code provisions at the site of the current violation in the previous three (3) years; the amount of administrative penalties which have been imposed in similar situations; and any other factors the hearing officer deems material.

(2)

No later than twenty (20) days after the date on which the hearing concludes, or after the appellant has failed to appear at the hearing, the hearing officer will issue a written decision to the county and appellant to (i) uphold or reject the finding of a violation and (ii) uphold, modify, suspend, or cancel the administrative fine. The decision shall list the reason or reasons for the decision and may order the responsible party to correct violations within a specified time period or take other action as authorized or required by the county code and applicable state laws.

(3)

If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the county shall be retained by the county. If the hearing officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fine. The decision shall inform the responsible party that if the fine is not paid within the time specified it may be collected as provided in this section.

If the hearing officer determines that the administrative citation should be canceled or that the fine deposited with the county should be returned, in whole or in part, the county shall refund the amount of the deposited fine owed to the responsible party within thirty (30) days of the cancellation or reduction.

(4)

The decision of the hearing officer shall be final. The failure to comply with the final decision of the hearing officer shall be a misdemeanor. The filing of a criminal misdemeanor action does not preclude the county from using any other legal remedy available to gain compliance with the decision.

(n)

Final Order. The imposition of the administrative fine becomes a final order at one (1) of the following times:

On the deadline for payment specified in the administrative citation, if the responsible party fails to pay the fine or fails to file an appeal as provided in this section.

On the date of the written decision by the hearing officer, if the responsible party filed an appeal as provided in this section and deposited the fine amount with the appeal.

On the deadline for payment specified in the written decision by the hearing officer upholding all or part of the administrative citation, if the responsible party filed an appeal as provided in this section and obtained an advance deposit hardship waiver.

(o)

Judicial Review. A hearing officer's decision must be appealed to the Superior Court of Sonoma County in accordance with the provisions set forth in Government Code section 53069.4 or Code of Civil Procedure section 1094.5.

(p)

Late Payment and Collection.

(1)

Any person who fails to pay an administrative fine on or before the date the imposition of the fine becomes a final order shall be liable for the payment of a late payment charge as established by a resolution adopted by the board of supervisors. In the absence of such resolution, the late payment charge for payments received after the due date shall be twenty-five percent (25%) of the fine.

(2)

The board of supervisors may, by resolution, also establish and impose a ten-percent interest charge on fines that are not fully paid to the county on the due date. Interest shall not be imposed on a late charge, and shall not exceed the maximum allowable rate allowed by law. The rate of interest and the commencement of its accrual may be modified from time to time by a resolution of the board of supervisors.

(3)

Unpaid fines and interest thereon and/or late charges shall be a personal obligation and debt of the responsible party which may be collected by the county in any manner allowed by law including but not limited to referring the matter to a third party collection agency or filing a civil action. The county may also recover the county's collection costs, including attorney fees. The remedies set forth in this subsection are not exclusive and may be used in addition to those set forth elsewhere in this code or by law.

(q)

Recordation.

(1)

When a property-based violation for which a correction period was provided remains uncorrected after the expiration of the period to appeal an administrative citation, or after a hearing officer's decision upholding the finding of a violation, a copy of the administrative citation may be recorded in the official records of the county of Sonoma if the following prerequisites are met:

A violation has remained uncorrected on the property for at least thirty (30) days after the imposition of an administrative fine becomes a final order.

The owner, if not the responsible party, has been notified of the prospective recordation and been offered the opportunity to correct the violation. Notice to the owner(s) shall be sent to the address listed in the county assessor's roll.

The recorded citation shall include the name of the property owner(s), assessor's parcel number, the parcel's legal description, and a copy of the latest citation.

(2)

When the enforcing officer determines that all violations have been corrected or removed and all fines and any costs or interest have been paid, the property owner and any other responsible parties shall be issued a notice of compliance, which can be recorded.

(Ord. No. 6236 , § I(Exh. B), 7-24-2018)