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HomeMy WebLinkAboutOrd 1309-2002 ORDINANCE NO. 1309-2002 AN ORDINANCE ADDING TITLE 1, CHAPTER 1.25 OF SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO THE ADMINISTRATIVE CITATIONS WHEREAS, Government Code section 53069.4 authorizes the City to adopt an ordinance that makes any violation of an ordinance subject to an administrative fine or penalty, provided that such fines or penalties are subject to judicial review. WHEREAS, an administrative citation program can minimize the expense and delay of enforcing municipal code violations where the alternative remedy is to pursue responsible persons in the civil or criminal justice system. WHEREAS, the Council finds that there is a need for an alternative method of enforcement for minor violations of the Municipal Code. The Council further finds that an appropriate method of enforcement for minor violations is an administrative citation program. NOW, THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: SECTION 1: ADDITION OF CHAPTER 1.25 Title 2, Chapter 1.25, entitled "Administrative Citations," is hereby added to the South San Francisco Municipal Code to provide as set forth in Exhibit A attached hereto and incorporated herein by reference. SECTION 2: SEVERABILITY In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 3: PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council merr_bers voting for and against this Ordinance or otherwise voting. This ordinance shall become effecfve thirty days from and after its adoption. Introdaced at a regular meeting of the City Council of the City of South San Francisco, held the 8th day of May, 2002. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held :he 22na day of May, 2002 by the following vote: AYES: Councitmembers Joseph A. Femekes, Raymond L. Green, and Karyl Matsumoto Mayor Pro Tem Pedro Gonzalez and Mayor Eugene R. Mullin NOES: None. ABSTAIN: None. ABSENT: None. C~ Clerk As Mtyor of the City of South San Francisco, I_~ereby approve the foregoing Ordinance this 22nd day of May 2002.~~'" ~,, 2 Exhibit A Chapter 1.25.010 1.25.020 1.25.030 1.25.035 1.25.040 1.25.050 1.25.060 1.25.070 1.25.080 1.25.090 1.25.100 1.25.110 1.25.120 1.25.125 1.25.130 1.25 ADMINISTRATIVE CITATIONS Applicability. Definitions. Administrative Citation. Building And Zoning Violations - Opportunity To Correct. Amount Of Fines. Payment Of Fines. Hearing Request. Advance Deposit Hardship Waiver. Hearing Officer. Hearing Procedure. Hearing Officer's Decision. Late Payment Charges. Recovery Of Administrative Citation Fines And Costs. Right To Judicial Review. Notices. 1.25.010 Applicability. A. This chapter provides for administrative citations that are in addition to all other lega~_ remedies, criminal or civil, which may be pursued by the City to address any violation of this code. B. Use of this chapter shall be at the sole discretion of the City. Co San Franc'.sco 1.25.020 Definitions. For purposes of this chapter: A. "Chief Building Official" shall mean the Chief Building Official as designatec by the City of South San Francisco B. "Enforcement officer" shall mean any city employee or agent of the City with the a-athority to enforce any provision of this code. "Finance Director" shall mean the Finance Director of the City of South D. "Hearing Officer" shall mean that person designated by the City Manager E. "Responsible person" means a person that the Enforcement Officer determines is responsible for causing or maintaining a violation of the Municipal Code. The term "responsible person" includes but is not limited to a property owner, tenant, person with a legal interest in real property, or person in possession of real property. Exhibit A 1.25.030 Administrative Citation. A. Whenever an Enforcement Officer charged with the enforcement of any provision of this code determines that a violation of that provision has occurred, the Enforcement Officer shall have the authority to issue an administrative citation to any person responsible for the violation. B. Each administrative citation shall be issued on a form approved by the City Attorney and shall contain the following information: 1. The date of the violation or, if the date of the violation is unknown, then the date tl-.e violation is identified; The address or a definite description of the location where the violation occurred; 3. 4. 5. 6. The section of this code violated and a description of the violation; The amount of the fine for the code violation; If applicable, the action necessary to correct the violation; If applicable, a requirement that the person responsible immediately correct tl'_e violation, and an explanation of the consequences of failure to correct the violat'on; 7. If applicable, a reasonable correction period, prior to imposition of the fine, pursuant to section 1.25.035; 8. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid; 9. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation; 10. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; 11. The name and signature of the citing Enforcement Officer; 12. To the extent possible, the signature of the responsible person, if he or she can be located. If the responsible person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequer t proceedings. 1.25.35 Building And Zoning Violations - Opportunity To Correct. If :he violation pertains to a building, plumbing, electrical, or other similar structural or zoning matter that does not create an immediate danger to health or safety, the Enforcement Officer shall afford the person responsible for the continuing violation a reasonable period, not less than five (5) days, to correct or otherwise remedy the violation prior to the imposition of administrative fines. Tl'_e citee of a violation under this section may request an extension of the correction period provided that a request is filed with the Chief Building Official before 2 Exhibit A the correcSon period ends. The Chief Building Official may, in his or her, discretion grant a reasonable extension of correction period if the citee has supplied adequate evidence demonstrating that the correction cannot reasonably be made within the correction period. The Chief Building Official's decision shall be in writing and is final. The filing for such an extension does not, unless granted, extend the correction period or any other ;ime periods set by this chapter. 1.25.040 Amount Of Fines. A. The amounts of the fines for code violations imposed pursuant to this chapter shall be set forth in the schedule of fines established by resolution of the City Council. B. The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person within thirty-six months from the date o:! an administrative citation. C. The schedule of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date. 1.25.050 Payment Of Fines. A. The fine shall be paid to the City within thirty days from the date of the administr~.tive citation. B. Any administrative citation fine paid pursuant to subsection A shall be refunded in accordance with Section 1.25.100 if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was ao violation as charged in the administrative citation. C. Payment of a fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administr~.tive citation. 1.25.060 Hearing Request. A. Any recipient of an administrative citation may contest that there was a violation of the code or that he or she is the responsible party by completing a request for hearing form and returning it to the City within thirty days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request fo: an advance deposit hardship waiver has been filed pursuant to Section 1.25.070. B. A request for hearing form may be obtained from the department specified on the administrative citation. C. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing. D. If the Enforcement Officer submits an additional written report concerning the admin'_'strative 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 days prior to the date of the hearing. I Exhibit A 1.25.070 Advance Deposit Hardship Waiver. A. Any person who intends to request a hearing to contest that there was a violation of the code or that he or she is the responsible party and who is financially unable to _--hake the advance deposit of the fine as required in Section 1.25.060(A) may file a request for an advance deposit hardship waiver. B. The request shall be filed with the Finance Department on an advance deposit hardship waiver application form, available from the Finance Department, within fifteen days of the date of the administrative citation. C. The requirement of depositing the full amount of the fine as described in Section 1.25.00)(A) shall be stayed unless or until the Director of Finance makes a determinaSon not to issue the advance deposit hardship waiver. D. The Finance Director may waive the requirement of an advance deposit set forth in Section 1.25.060 (A) and issue the advance deposit hardship waiver only if the cited party submits to the Director a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the Director the person's actual fim. ncial inability to deposit with the City the full amount of the fine in advance of the hearing. E. If the Finance Director determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the City within ten days of the date of that decision or thirty days from the date of the administrative citation, whichever is later. F. The Finance Director shall issue a written determination listing the reasons for his or aer determination to issue or not issue the advance deposit hardship waiver. The written de :ermination of the director shall be final. G. The written determination of the Finance Director shall be served upon the person wko applied for the advance deposit hardship waiver. 1.25.080 Hearing Officer. The City Manager shall designate the Hearing Officer for the administrative citation hearing. 1.25.090 Hearing Procedure. A. No hearing to contest an administrative citation before a Hearing Officer shall be held unless the fine has been deposited in advance in accordance with Section 1.25.060 or an advance deposit hardship waiver has been issued in accordance with Section 1.25.070. B. A hearing before the Hearing Officer shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this chapter. C. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation. -4- Exhibit A D. The failure of any recipient of an administrative citation to appear at the administr~_tive citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies. E. The administrative citation and any additional report submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents. F. The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the administrative citation prior to issuing a written decision. 1.25.100 Hearing Officer's Decision. A. After considering all of the testimony and evidence submitted at the hearing, t?e Hearing Officer shall issue a written decision to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. The decision of the Hearing Officer shall be final. B. If the Hearing Officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the' City. C. 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. D. If the Hearing Officer determines that the administrative citation should be canceled ~nd the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine, together with interest at the average rate earned on the City's portfolio for the period of time that the fine amount was held by the City. E. The recipient of the administrative citation shall be served with a copy of the Hearir g Officer's written decision. 1.25.110 Late Payment Charges. Ar y person who fails to pay to the City any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due also shall be liable for the payment cf any applicable late payment charges set forth in the schedule of fines. 1.25.120 Recovery Of Administrative Citation Fines And Costs. The City may collect any past due administrative citation fine or late payment charge by use of all available legal means. The City also may recover its collection costs, including but not limited to administrative costs and attorneys' fees. Such collection costs shall be in addition to any penalties, interest, and late charges imposed pursuant to an ordinance or resolution of the City Council. 5 Exhibit A 1.25.125 Right To Judicial Review. Ar.y person aggrieved by an administrative decision of a Hearing Officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the municipal court, or superior court if there is no municipal court, in San Mateo County in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. 1.25.130 Notices. A. The administrative citation and all notices required to be given by this chapter shall be served on the responsible party by personal delivery thereof to the person to be notified or by deposit in the United States Mail, in a sealed envelope postage prepaid, addressed to such person to be notified at his last-known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office. B. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder. C:'~VIy Documen~sXAdmin Citations Ordinance_July4.doc -6- In determining whether a financial penalty is appropriate, City may consider whether Owner has made a good faith effort to meet the TDM goals. (2) If City determines that Owner has made a good faith effort to meet the TDM goals but a penalty is still imposed, and such penalty is imposed within the fn'st three (3) years of the TDM plan (commencing with the first year in which a penalty could be imposed), such penalty sums, in the City's sole discretion, may be used by Owner toward the implementation of the TDM plan instead of being paid to City. If the penalty is used to implement the TDM Plan, an Implementation Plan shall be reviewed and approved by the City prior to expending any penalty funds. (3) Notwithstanding the foregoing, the amount of any penalty shall bear the same relationship to the maximum penalty as the completed construction to which the penalty applies bears to the maximum amount of square feet of Office, Commercial, Retail and Research and Development use permitted to be constructed on the Property. For example, if there is 200,000 square feet of completed construction on the Property included within the TDM report with respect to which the penalty is imposed, the penalty would be determined by multiplying Fifteen Thousand Dollars ($15,000.00) times a' fraction, the numerator of which is 200,000 square feet and the denominator of which is the maximum amount of square feet of construction pennitted on the Property, subtracting the square footage of the parking facilities; this amount would then be multiplied by the number of percentage points below the 30% alternative mode usage goal. (4) The provisions of this section are incorporated as Conditions of Approval for the Project and shall be included in the approved TDM for the Project. I:\84951X30)2~DVAXC6R.DOCC:kDOCUME l~kjohnson~.DCALS lXTemp~DEVELOPMENT AGREEMElqT_B ritannia_Aprilg_ExhibitC _Finai_Clsan.doc Final for Ci;y Council with Comments Post April 4, 2002 Exhibit C - Britannia Development Agreement Page 5 of 5 April 19,2002 !