1.41.100 Administrative citations.
A. The Council finds that there is a need for an alternative method of enforcement for minor violations of the Municipal Code and applicable state codes. The Council further finds that an appropriate method of enforcement for minor violations is an administrative citation program. The procedure established in this section shall be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the Municipal Code or applicable state code.
B. An administrative citation can be issued to a responsible party for violation of a regulatory provision of this code or state law, and the responsible party be required to pay an administrative fine. Administrative citations and penalties are particularly appropriate in cases of structural, building and zoning violations that do not create an immediate danger to health or safety if the responsible party has failed to correct the violation after the issuance of a notice of violation pursuant to CVMC 1.41.030.
C. An administrative citation may be issued in lieu of the initiation of a criminal action for the same violation. However, in particularly egregious cases, criminal enforcement may be appropriate for continuing violations if the administrative citation is ignored by the responsible party.
D. The amount of administrative fine that may be imposed for each separate violation of the same code section is as follows:
1. One hundred dollars ($100.00) for a first violation; $200.00 for a second violation within the 12 calendar months of the first violation; $500.00 for each additional violation occurring after the second violation and within 12 months of any prior violation.
2. Issuance of an administrative citation and payment of the administrative fine does not excuse compliance and corrective action regarding the violations. Although continuing violations of the Municipal Code are separate offenses, the responsible party shall be allowed a reasonable time of not more than 30 days in which to correct the violation before a second or subsequent administrative citation may be issued.
3. A responsible party may request administrative review of an administrative citation pursuant to Chapter 1.40 CVMC.
E. The administrative citation shall contain the following information:
1. Date of the violation;
2. Address and location of violation;
3. Description of violation;
4. Applicable codes and statutory sections violated;
5. Corrective action required;
6. An order to bring the violation into compliance;
7. Notice of the fines to be imposed;
8. A date, not less than 20 days, by which payment of the fine must be made;
9. Location for payment;
10. Notification that payment does not excuse correction of the violation;
11. Notice of right to request review pursuant to Chapter 1.40 CVMC.
F. A party filing a timely request for review pursuant to Chapter 1.40 CVMC shall post a deposit with the Director. Enforcement of the administrative fine shall be stayed pending the decision of a hearing examiner if a hearing is requested. Procedures for review shall be in accordance with Chapter 1.40 CVMC. The deposit will be returned if the appeal is granted. A final order is not subject to judicial review after 20 days have elapsed from the date of its issuance, unless the party complies with Government Code Section 53069.4. See CVMC 1.40.020(H). A final order may be enforced pursuant to CVMC 1.41.160. (Ord. 2718 § 3, 1998).