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HomeMy WebLinkAboutItem 4.9 - 3369 Administrative Citations - Second Reading (2) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 15, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Second Reading of Ordinance Authorizing Administrative Citations for the Municipal Code and Other Enforceable City Regulations and Standards and To Declare Violations of Public Health Orders to Be Unlawful Prepared by: Jordyn Bishop, City Attorney's Office EXECUTIVE SUMMARY: The City Council will consider adopting an Ordinance amending the Dublin Municipal Code (DMC) to provide designated enforcement officers with the authority to impose administrative citations for violations of the Municipal Code and certain other enforceable city regulations and standards and to declare Public Health Orders to be unlawful. The first reading of this ordinance was held on the September 1, 2020 Regular City Council Meeting. At that same meeting, City Council introduced and adopted an identical Urgency Ordinance for the immediate preservation of the public peace, health, and safety for the period until this Ordinance becomes effective. STAFF RECOMMENDATION: Waive the reading and adopt the Ordinance Authorizing Administrative Citations for Violations of the Municipal Code and Other Enforceable City Regulations and Standards and to Declare Violations of Public Health Orders to be Unlawful. FINANCIAL IMPACT: The proposed DMC Amendments and the administrative citation process would require staff time to implement and administer. This cost would be absorbed by existing departmental budgets. DESCRIPTION: On September 1, 2020, the City Council waived the reading and introduced an Ordinance to: • Amend Section 1.040.030 authorizing administrative citations as another enforcement mechanism, in addition to existing civil and criminal remedies and Page 2 of 2 incorporating Government Code Section 36900 by reference (Attachment 3) for the imposition of fines • Adopt Chapter 1.06 establishing the administrative procedures for the imposition, enforcement, collection, and administrative review of administrative citations • Adopt Chapter 5.118 making any violation of a Public Health Order, a violation of the municipal code The Ordinance is now ready for adoption and will go into effect 30 days following adoption. On September 1, 2020, the City Council introduced and adopted an identical Urgency Ordinance for the immediate preservation of the public peace, health, and safety for the period until this Ordinance becomes effective. Both Ordinances contain the same DMC Amendments and the Urgency Ordinance will automatically expire when the regular Ordinance becomes effective. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Ordinance Amending the Dublin Municipal Code to Authorize Administrative Citations for Violations of the Municipal Code and Other Enforceable City Regulations and Standards 2. Exhibit A to the Ordinance - Chapter 1.06 Administrative Citations 3. California Government Code Section 39600 (Regarding Ordinance Fines) ORDINANCE NO. XX - 20 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE DUBLIN MUNICIPAL CODE TO AUTHORIZE ADMINISTRATIVE CITATIONS FOR VIOLATIONS OF THE MUNICIPAL CODE AND OTHER ENFORCEABLE CITY REGULATIONS AND STANDARDS AND TO DECLARE VIOLATIONS OF PUBLIC HEALTH ORDERS TO BE UNLAWFUL WHEREAS, on March 1, 2020, the Alameda County Health Officer declared a public health emergency; and WHEREAS, on March 4, 2020, California Governor Gavin Newsom issued a State of Emergency Proclamation for the State of California; and WHEREAS, on March 16, 2020, the Alameda County Health Officer issued an order directing all individuals living in the County to shelter at their place of residence, subject to certain exceptions; and WHEREAS, on March 16, 2020, the Dublin City Manager, acting as the Director of Emergency Services, proclaimed the existence of a local emergency within the City of Dublin pursuant to Dublin Municipal Code Chapter 2.44.060(A); and WHEREAS, on March 18, 2020, the City Council at a special City Council meeting, ratified and extended the proclamation of existence of a local emergency; and WHEREAS, on March 19, 2020, the Governor of California issued a stay-at-home order to protection the health and well-being of all Californians and slow the spread of COVID-19; and WHEREAS, on March 31, 2020, the Alameda County Health Officer issued an order extending the shelter in place to May 3, 2020; and WHEREAS, on April 10, 2020, the Director of Emergency Services fully activated the Emergency Operations Center virtually at Level 3 (Response Level) to coordinate the City’s response to the COVID-19 pandemic; and WHEREAS, on April 29, 2020, the Alameda County Health Officer issued an order extending the shelter in place to May 31, 2020; and WHEREAS, on May 5, 2020, the City Council reaffirmed and revised the proclamation of existence of a local emergency; and WHEREAS, violations of Public Health Orders present an immediate threat to the public health and safety and increase the likelihood that the COVID-19 virus will spread throughout the City and overwhelm our health care systems, cause preventable illnesses and deaths, and inflict other significant harms, including economic and social effects, on our community; and WHEREAS, immediate enforcement of Public Health Orders is necessary to ensure their consistent, effective implementation and to achieve their intended purposes, including controlling the spread of COVID-19 within the City; and WHEREAS, existing strategies for enforcing Public Health Orders include outreach, education, and misdemeanor criminal prosecution under California Health and Safety Code section 120295; however, additional enforcement strategies are necessary to incentivize public compliance with Public Health Orders; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities with the authority to enact ordinances to protect the health, safety, and ge neral welfare of their citizens; and WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Dublin Municipal Code Amendments; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the proposed Dublin Municipal Code Amendments. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Recitals. The recitals above are true and correct and incorporated herein by reference. Section 2. Municipal Code Amendment. Dublin Municipal Code Section 1.04.030 is hereby amended to read as follows (additions shown in italics, deletions shown in strikethrough): 1.04.030 Violations as misdemeanors or infractions—Penalties. A. Violation of any provision of this code shall constitute a misdemeanor and shall be punishable by imprisonment in the County Jail not exceeding six (6) months, or by fine not exceeding one thousand dollars ($1,000), or by both, unless exp ressly described as an infraction. Notwithstanding the preceding sentence, or any other provision of this code, a violation of this code may, in the discretion of the designated enforcement officer, or if no enforcement officer is indicated, in the discretion of the City Attorney, be charged and prosecuted as an infraction. B. Except as otherwise provided in this code, any person convicted of an infraction under this code shall be punished by a fine in an amount provided by Government Code Section 36900, as amended. of not more than one hundred dollars ($100) for a first violation; a fine not exceeding two hundred dollars ($200) for a second violation of the same code section within one year of the first violation; and a fine not exceeding five hundred dollars ($500) for each additional violation of the same code section wi thin one year of the first violation. Any person punished for a second violation of the same ordinance within a twelve (12) month period under Government Code Section 36900 may apply for a hardship waiver to reduce the amount of the fine upon a showing by the person that they made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden. Any person convicted of three (3) or more infractions within a twelve (12) month period following the first violation may, in the discretion of the designated enforcement officer, or if no enforcement officer is indicated, in the discretion of the City Attorney, be charged and prosecuted for a misdemeanor for any additional violations of the same code section. C. Causing, permitting, aiding, abetting or concealing a violation of any provision of this code shall constitute a violation of such provision. D. A separate offense shall be deemed committed each day a violation of any provision of this code occurs or continues. E. In addition to or in lieu of the remedies provided in this chapter or this code, upon a finding by the city official, employee, contractor, or agent vested with the authority to enforce the various provisions of this code, he or she may initiate administrative enforcement proceedings under the provisions of Chapters 1.06. Section 3. Municipal Code Amendment. Chapter 1.06 “Administrative Citations” is hereby added to the Dublin Municipal Code to read as set forth in Exhibit A, attached hereto and incorporated herein by reference. Section 4. Municipal Code Amendment. Chapter 5.118 “Public Health Orders” is hereby added to the Dublin Municipal Code to read as follows: Chapter 5.118 PUBLIC HEALTH ORDERS Sections: 5.118.010 Public Health Order Defined. 5.118.020 Violations of Public Health Orders Unlawful. 5.118.010 Public Health Order Defined. For purposes of this chapter, “public health order” means any order issued by the Alameda County Public Health Officer under authority granted by state law, any order issued by the State Public Health Officer, any state guidance or directives issued by the County or State Public Health Officer containing mandatory, binding, or enforceable obligations, or any site- or industry-specific protocols completed as required by state and county requirements but only to the extent that the violation is among those described in Health a nd Safety Code section 120295. 5.118.020 Violations of Public Health Orders Unlawful. It is unlawful for any person to violate any public health order. A violation of this chapter may, in the discretion of the designated enforcement officer, be charged and prosecuted under Section 1.04.030. In addition to or in lieu of the remedies provided in this chapter or this code, the designated enforcement officer may initiate administrative enforcement proceedings under the provisions of Chapters 1.06. Section 5. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or ina pplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 6. Effective Date and Posting. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 15th day of September, 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk Chapter 1.06 ADMINISTRATIVE CITATIONS Sections: 1.06.010 Purpose and application. 1.06.020 Definitions. 1.06.030 Fines. 1.06.040 Issuance and contents of administrative citation. 1.06.050 Service procedures. 1.06.060 Satisfaction of the administrative citation. 1.06.070 Appeal of the administrative citation. 1.06.080 Hearing procedure. 1.06.090 Hearing officer’s decision. 1.06.100 Right to judicial review. 1.06.110 Collection of unpaid fines or administrative costs. 1.06.010 Purpose and application. A. Use of this chapter shall be at the sole discretion of the city and is one remedy that city has to address violations of the municipal code or other applicable provisions of state law. By adopting this chapter, city does not intend to limit its discretion or ability to utilize any administrative, civil, criminal, or other remedy available at law or equity, or any combination thereof, to address violations. B. This chapter makes a violation of any provision, restriction, or requirement of this code or any code or law adopted by reference herein, any ordinance of the city, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this code, subject to an administrative fine. C. This chapter establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of administrative fines and/or penalties pursuant to 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 city or otherwise remitted to the city. Payment of a fine shall not excuse a failure to correct a violation, nor shall it bar concurrent or further enforcement actions by city. E. The City Manager, or a designee thereof, 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. F. The City Manager, or a designee thereof, is authorized to promulgate procedural rules and regulations governing the provisions in this chapter. G. Nothing in this chapter shall affect the discretion of the City Manager, code enforcement officer, or other city employee or agent so designated in writing by the city to issue courtesy notices or warnings of code violations prior to or in lieu of issuing a citation. The issuance of such courtesy notice or warning, or lack thereof, shall be at the sole discretion of the issuing officer or agent subject to procedural rules and regulations, if any, promulgated by the City Manager or designee thereof. 1.06.020 Definitions. A. For purposes of this chapter, “administrative fine,” “fine,” “penalty” and/or “administrative penalty” shall mean the monetary sanction imposed upon a responsible person by means of a citation. B. Citation. For purposes of this chapter, “citation” shall mean an administrative citation that is issued to a responsible person pursuant to this chapter. C. Citee. For purposes of this chapter, “citee” shall mean a responsible person to whom a citation is issued. D. Code. For purposes of this chapter, “code” shall mean (1) the entire Dublin Municipal Code and any other law, code, rule, or regulation incorporated therein by adoption or reference, (2) any uncodified ordinance adopted by the city council, (3) any rule or regulation promulgated pursuant to the provisions of the Dublin Municipal Code, (4) any condition of any permit, license, or other entitlement issued pursuant to this code, and (5) any other legally enforceable standards, regulations, or laws as authorized by statute. E. Enforcement Officer. For the purposes of this chapter, an “enforcement officer” or “officer” shall mean any City of Dublin employee, contractor, or agent of the city authorized by the City Manager to enforce any provision of this code or this chapter. F. Fines. For purposes of this chapter, “fine” or “fines” refers to any fines, fees, or penalti es assessed or imposed by the city or order of the hearing officer(s) under this chapter, not including administrative costs. G. Person. For the purposes of this chapter, “person” shall mean 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 within the boundaries of the city. H. Responsible Person. For the purposes of this chapter, a “responsible person” is any of the following: 1. An individual or legal entity that, by action or inaction, causes, permits, allows, maintains, contributes, conceals, or aids or abets a code violation to occur. 2. An individual or legal entity whose agent, employee, or independent contractor, by action or inaction, causes, permits, allows, maintains, contributes, conceals, or aids or abets a code violation to occur. 3. An owner of, or a lessee or sub-lessee, property manager, tenant, subtenant, occupant, or any person in possession of property on which a code violation occurs, who causes, permits, allows, maintains, contributes, conceals, or aids or abets a code violation to occur. 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. Each responsible person shall be jointly and severally liable for any and all fines, fees, and penalties awarded, upheld, assessed, or imposed under this chapter. I. Violation. For purposes of this chapter, “violation” is any violation of this code including an act, omission of any act, use, or condition that constitutes an offense of the code, as well as a breach or violation of any condition of a permit, approval, entitlement or license issued pursuant to the code , and includes a separate violation for each and every calendar day during any portion of which any violation of any provision of this code is committed, continued, or permitted by any responsible person. 1.06.030 Fines. A. The city council may establish the amounts of fines for violations of this code imposed pursuant to this chapter through a schedule of fines established by resolution of the city council. The schedule of fines established by resolution shall specify any increased fines for repeat violations of the same code provision by the same person within twelve (12) months from the date of the administrative citation. In the absence of such resolution, the fines for administrative violations of this code shall be set as forth in Section 1.04.030(B). 1.06.040 Issuance and contents of administrative citation. A. Whenever an enforcement officer determines that a violation has occurred, the officer may issue a citation imposing an administrative fine or fines to the responsible person(s) in accordance with the provisions of this chapter. B. When the violation pertains to building, plumbing, electrical or other similar structural or zoning issues that create an immediate danger to health or safety, a citation may be issued forthwith. In the absence of an immediate danger, a citation for a violation pertaining to building, plumbing, electrical, or other similar structural issues shall not be issued pursuant to this chapter unless the responsible person has been provided with a reasonable period, as determined by applicable law, in which to complete the abatement or compliance actions. C. An officer may issue 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. D. Each day, or any portion thereof, that a prohibited condition, use, or activity under the code is committed, continued or permitted shall constitute a separate violation for which an administrative fine may be imposed. A single citation may charge multiple violations of the code but each violation is subject to a separate and distinct administrative fine. E. Each administrative 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 and approximate time of the commission of the violation(s), or detection thereof by an officer; 4. The relevant provision(s) or section(s) of the code alleged to have been violated; 5. A description of the violation(s); 6. Amount of the fine for each violation, as well as the procedure and place to pay the fine(s), and any late penalty and/or interest charge(s), if not timely paid; 7. 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). If the violation is one which is continuing, an order to correct the violation and prohibiting the continuation or repeated occurrence of the violation, including an explanation of the consequences for failing to correct the violation as ordered. The explanation of the consequences should state that a separate violation exists for each and every calendar day any violation of any provision of this code is committed, continued, or permitted; 8. A description of the administrative citation review process and the manner by which a hearing on a citation may be obtained (including explanation of rights of appeal, including the time within which such claimed violation may be contested and the procedure for requesting a hearing to contest the violation); 9. The name and signature of the officer, and the signature of the citee, if he or she is physically present and will sign the citation at the time of its issuance. The refusal of a citee to sign a citation shall not affect its validity or any related subsequent proceeding, nor shall signing a citation constitute an admission that a person has committed a violation of the code; 10. A statement that the failure to timely tender the fine(s) and other charges/fees imposed pursuant to this chapter may result in: (a) a civil action against citee; (b) the recordation of a lien or special assessment against the citee’s real property; and (c) the denial of any city approval, license, entitlement or permit to citee until all delinquent monies are paid to city; and 11. Any other information deemed necessary by the City Manager or enforcement officer. 1.06.050 Service procedures. An administrative citation or notice may be served in one or more of the following ways: A. An enforcement officer may personally serve the citation on 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 administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings, nor shall signing a citation constitute an admission that a person has committed a violation of the code; B. An enforcement officer may mail the administrative citation to the responsible person by certified mail, postage prepaid with a requested return receipt. C. An enforcement officer may post a copy of the administrative citation on the subject property in a conspicuous place for a property-related code violation and, in which case, the enforcement officer shall also mail a copy of the administrative violation by first class mail to the responsible person at the address where the violation occurred. D. An enforcement may serve the citation by electronic means (e-mail), and in which case, the enforcement officer shall also mail a copy of the administrative violation by first class mail to the responsible person at the address where the violation occurred. E. Failure of a citee to receive a citation or notice shall not invalidate any fine, late penalty charge, action or proceeding that is imposed or brought pursuant to this chapter, if service was given in a manner stated in this section. 1.06.060 Satisfaction of the administrative citation. A. The responsible person must pay the fine to the city within 30 calendar days from service of the citation. All fines assessed shall be payable to the City of Dublin in accordance with the payment instructions on the citation. B. Payment of a fine shall not excuse or discharge a failure to correct continu ing violations nor shall it bar further enforcement action by the city. 1.06.070 Appeal of the administrative citation. A. Time to File an Appeal. Any recipient of an administrative citation may contest that there was a violation of this code or that it continues to exist, or that he or she is the responsible person, by completing a “request for hearing” form and returning it to the city in accordance with the instructions on the form within ten (10) calendar days from the date the administrative citation is served or deemed to have been served, together with an advanced deposit of the total fines due. A timely filed “request for hearing” form shall not excuse 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. Such “request for hearing” forms shall be made available at no charge at City Hall, the city website, and/or through the City’s designated agent. A failure to file a timely “request for hearing” form shall be deemed a waiver of the right to appeal the citation and to seek judicial review, and the citation will be deemed final. The requirement that the fine be deposited in advance may be waived if an advanced deposit hardship waiver form has been filed and approved in accordance with procedures adopted by the City Manager. B. Return of Deposit. Any administrative citation fine which has been deposited shall be refunded, in whole or in part, to the extent it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation. C. Hearing Officer(s). The City Manager shall designate the hearing officer(s), qualified by training or experience, for the administrative citation hearing. The hearing officer(s) shall be impartial, such as an employee from a department other than the department that issued the decision being appealed, or an employee from another agency or organization. When the violation pertains to building, plumbing, electrical or other similar structural or zoning issues, the hearing officers, at the discretion of the Building Official, may be a Board of Appeals as set forth in Section 7.28.260(F), but may not be city employees. 1.06.080 Hearing procedure. A. No hearing to contest an administrative citation before a hearing officer(s) shall be held unless and until a timely “request for hearing” form has been completed and submitted and the fine has been deposited in advance or waived as provided under section 1.06.070. B. After receipt of the “request for hearing” and fine deposit, a hearing before the hearing officer(s) shall be set for a date that is not less than fifteen (15) and not more than sixty (60) calendar days from the date that such request is filed in accordance with the provisions of this section. The person requesting the hearing and the City may agree to a hearing date that is either sooner or later than the time periods required herein for a hearing. Unless advanced notice is otherwise waived by the requesting party, the person requesting the hearing shall be notified of the time and place set for the hearing in writing at least fourteen (14) calendar days prior to the date of the hearing. C. The hearing officer(s) shall only consider evidence that is relevant to whether the violation occurred, and whether the responsible person has caused or maintained the violation of this code on the date(s) specified in the administrative citation. Such relevant evidence includes, without limitation, staff reports or presentations, oral, physical, and documentary evidence regarding the alleged violation(s), and proposed method of abatement, if any. D. The hearing is intended to be informal in nature. Formal rules of evidence and discovery do not apply. The City Manager may, from time to time, adopt procedures for the format and proceedings of the administrative hearing. The person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation, as well as any documentary evidence presented by these persons concerning the violation(s) alleged in the citation. The city shall have the burden of proof by preponderance of the evidence to establish that the responsible person committed the violation specifie d in the administrative citation. The issuance of an administrative citation shall constitute prima facie evidence of the violation. E. Each witness, prior to providing oral testimony, shall be sworn by the hearing officer(s) or designee(s). Each party shall have the opportunity to cross-examine witnesses and present evidence in support of the party’s cause. An appellant and the officer issuing the citation may represent himself/herself/themselves or be represented by anyone of his/her/their choice. An appellant may bring an interpreter to the hearing at the appellant’s sole expense. The city may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. F. Upon request which provides reasonable advanced notice to city, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the issuing officer/employee when issuing the citation, as well as any additional materials provided to the hearing officer(s) for the hearing. H. An appellant may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the city clerk at least three (3) business days prior to the hearing. If an appellant elects to appear at the hearing by written declaration, the enforcement officer who issued the citation shall not be required to attend or participate at the hearing. If the appellant fails to attend the scheduled hearing, or to otherwise submit a written declaration in a timely manner, the hearing officer(s) shall cancel the hearing and send a notice thereof to the appellant(s) by first class mail to the address(es) stated on the appeal form. A cancellation of a hearing due to nonappearance of the appellant shall constitute the appellant’s waiver of the right to appeal and be a bar to judicial review of the hearing officer(s) decision based upon a failure to exhaust administrative remedies. In such instances, the citation (and corresponding fine and other applicable fees) shall be deemed final. H. On the hearing officer(s)’s own discretion or upon request by any party, the hearing officer(s) may continue the hearing and request additional information from any person or witness prior to issuing a written decision. Written notice of the continued hearing must be given to each party and shall include the time, date, and place to which the hearing is to be continued. 1.06.090 Hearing officer’s decision. A. After considering all of the testimony and evidence submitted at the hearing or continued hearing, the hearing officer(s) shall issue a written decision setting forth the findings supporting the decision within forty-five (45) calendar days of the hearing. The written decision shall include the reasons for the decision. B. If the hearing officer(s) determine that the administrative citation should be upheld as to a responsible party, then any fine amount on deposit with the city shall be retained by the city. The hearing officer(s) shall impose and assess the prescribed fine against each responsible party. If the citation is upheld and the violation has not been fully corrected as of the date of the hearing, the hearing officer(s) shall order correction thereof in the decision and provide a deadline to complete said action(s). C. In the event of a hardship waiver of the deposit requirement, the order shall also state the date all payments are due and the fine for any late payment for any amount ordered by the hearing officer(s) and that, if the violation continues, the responsible party may be subject to additional fines, penalties, or administrative costs authorized by law. The order shall also state that fines and penalties shall also be collectible as set forth under section 1.06.110. D. If the hearing officer(s) determine that the administrative citation should be canceled in whole or in part, then the city shall promptly refund the corresponding amount of any deposited fine, without interest, as to that responsible party. E. The written decision shall be served upon each party in the manner set forth by section 1.06.050. 1.06.100 Right to judicial review. A. The decision of the hearing officer(s) shall be deemed the final administrative order of the city. B. Any person who is aggrieved by the decision of the hearing officer(s) under this chapter may obtain judicial review of such decision by filing an appeal to be heard in the superior court in accordance with California Government Code Section 53069.4. A copy of the notice of appeal shall be served in person or by first class mail upon the city clerk. The right to appeal is limited to the terms and conditions set out in California Government Code Section 53069.4. If no appeal is filed with the superior court within twenty (20) calendar days after service, then the written decision is hereby deemed confirmed. C. The superior court is the sole reviewing authority and an appeal from a hearing officer(s)’s decision is not appealable to the city council. If a responsible person prevails on appeal, the city shall reimburse his or her filing fee, as well as the fine deposit in accordance with the court judgment. These monies shall be mailed to the responsible person within forty-five (45) calendar days after the city’s receipt of a notice of judgment or ruling from the superior court clerk. 1.06.110 Collection of unpaid fines. Failure of any person to pay the fine assessed by an administrative citation within thirty (30) calendar days or such other time limit set forth in the administrative citation or by the time determined by the hearing officer (s) as provided in section 1.06.090, shall constitute a debt owed to the city and may be enforced as a personal obligation of the responsible party. Administrative fines shall accrue interest at the same annual rate as any civil judgment in favor of the city, in accordance with Code of Civil Procedure 685.010. Interest shall accrue commencing on the twentieth (20) calendar day after the fine becomes due. In the event a civil action is commenced to collect the administrative fines, the city shall be entitled to recover all costs associated with the collection of the fines, including, but not limited to, staff time and attorney fees incurred in the collection of the fines and those costs set forth in Code of Civil Procedure Section 1033.5. The city may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the Enforcement of Judgments Law, California Code of Civil Procedure Section 680.010 et seq. The remedies set forth in this section are not exclusive, and the city may collect any past due amounts assessed or ordered by all available legal means. 3571373.3 State of California GOVERNMENT CODE Section 36900 36900. (a)  Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action. (b)  Every violation determined to be an infraction is punishable by the following: (1)  A fine not exceeding one hundred dollars ($100) for a first violation. (2)  A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year. (3)  A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year. (c)  Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by the following: (1)  A fine not exceeding one hundred thirty dollars ($130) for a first violation. (2)  A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year. (3)  (A)  A fine not exceeding one thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation. (B)  A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property. (d)  A city levying a fine pursuant to paragraphs (2) and (3) of subdivisions (b) and (c) shall establish a process for granting a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. (Amended by Stats. 2018, Ch. 970, Sec. 2. (AB 2598) Effective January 1, 2019.)