HomeMy WebLinkAbout2001-06-12; City Council; 16225; Violations Of City Codes Administrative RemediesVITG. b -lao1
DEPT. CA
CITY OF CARLSBAD -AGENDA BILL
TITLE:
INTRODUCTION OF AN ORDINANCE AMENDING TITLE 1 OF
THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 1 .lO RELATING TO ADMINISTRATIVE REMEDIES
FOR VIOLATIONS OF CITY CODES
DEPT. HD.
CITY ATTY.
CITY MGR. +-
RECOMMENDED ACTION:
It is recommended that the City Council INTRODUCE Ordinance No. fi&sq j amending Title
1, Chapter 1 .I0 of the Carlsbad Municipal Code, to allow for administrative remedies for violations
ofthecarlsbad MunicipalCode, and adoptkg Resolution No. 2001-167.
ITEM EXPLANATION:
Staff is proposing an ordinance which would establish an administrative citation program for the
enforcement of Carlsbad Municipal Code violations. These violations are currently either charged
as infractions or misdemeanors and generally punishable by criminal fines. The proposed
ordinance would establish an administrative citation program as an additional enforcement tool.
Administrative penalties would be imposed by the issuance of a citation and adjudicated by a
process similar to the process currently used for parking citations. Administrative penalties would
constitute a debt in favor of the City.
Currently the Carlsbad Municipal Code is enforced by a variety of City departments, including
Police, Community Development, Code Enforcement, Fire, and Finance. While the number and
types of violations continue to increase, the available tools with which to enforce the code have
remained the same.
For most violations, the first tool available to enforcement officers is that of voluntary compliance.
Using this process, the officer will contact the alleged violator, explain the Code requirements,
and request voluntary compliance. When the enforcement officers are unable to obtain voluntary
compliance, they are left with very few tools with which to resolve the problem. The two primary
tools currently used by enforcement officers to gain compliance are criminal citations and/or civil
abatements.
While the City has enjoyed some success with civil abatements (where the City corrects the
violation and then bills the responsible party), the City must bear the up-front abatement costs.’ In
addition, the criminal citation process has proved an inadequate deterrent in many situations.
Prosecuting a criminal complaint is a slow, labor intensive process for both the City Attorney’s
office and the enforcement officers. Moreover, most of the court imposed fines in these matters
go to the County and not the City. Finally, the impact of three strikes laws on the courts has
raised serious questions as to the appropriateness of placing most municipal code prosecutions
in an overburdened court system.
Carlsbad is not alone in reevaluating its code enforcement options. For a number of years
several cities, most noticeably San Jose and San Diego, have moved away from criminal
enforcement by the City Attorney’s office and towards an administrative enforcement program. In
an effort to provide Carlsbad enforcement officers greater flexibility in their jobs, which in turn
should increase citizen compliance, the City Attorney’s office and Code Enforcement Department
has reviewed enforcement policies and procedures. The following, as well as the attached .
ordinance and procedures, summarizes the results of these efforts.
Agenda Bill No. 16.23 5
Page 2
Administrative Code Enforcement
As indicated, administrative code enforcement is proposed as a new tool to encourage citizen
compliance with the Municipal Code. The program is meant to supplement, not replace, current
code enforcement options. Based in large part on existing programs in San Diego and several
North County cities, the proposed program takes into account existing Carlsbad procedures and
consists of an administrative citation process.
For non-health and safety violations that are transient in nature the administrative enforcement
program proposes the use of administrative citations. Administrative citations are intended to
mirror the City’s current approach to parking citations. Under this approach, after issuing a
warning, an enforcement officer would issue an administrative citation to the person who has
violated the Municipal Code. The citation would list the violation and fine, and would describe
how to pay the fine or request a hearing to contest the citation. Instead of going to court, the
administrative citation is contested through an administrative hearing.
The party to whom the citation is issued is given an option of either paying a fine and making the
corrections or appealing the citation. The initial administrative citation fine is $100. Failure to
correct the violation following the initial citation could result in subsequent citations being issued,
with the fine amount increasing to $200 for the second violation and $500 for the third and each
subsequent violation within a 12-month period. Unpaid administrative citation fines would be
turned over to the Finance Department for collection purposes similar to other collectable debts
the City processes.
If the responsible party chooses to appeal the citation, his/her appeal will be heard by an
administrative hearing officer. Appeals from an administrative citation are not heard by the City
Council. Similar to the parking citation program, the responsible party is required to submit the
fine amount to the City prior to the hearing (with a hardship waiver available for those unable to
submit the fine). If the responsible party is successful in his/her appeal, the money is returned to
him/her. Finally, responsible parties who are unsuccessful before the administrative hearing
officer may appeal the matter to the Superior Court.
The proposed ordinance is based upon similar ordinances in neighboring jurisdictions. The City
Attorney’s office and Code Enforcement Division have reviewed those ordinances and consulted
with principals from those jurisdictions. Staff has found the process to be a cost effective and
efficient means of gaining compliance with these municipal codes.
FISCAL IMPACT:
Unknown at this time. Depending upon how the program is ultimately administered, it may be
necessary to hire an additional employee to schedule and provide notice of upcoming hearings.
In addition, it is anticipated that appeal hearing officers will be paid on a per case basis, the
proceeds of which may come from administrative citation and penalty fines. Unlike current
criminal penalties, administrative citation and penalty fines are not shared with other agencies.
EXHIBITS:
1. Ordinance No. NS-591) amending the Carlsbad Municipal Code Title 1 Relating to
Administrative Remedies for Code Violations.
2. Resolution No. 200 I. - 167, amending the Master Fee Schedule
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ORDINANCE NO. NS-5g1
AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 1 OF THE CARLSBAD MUNICIPAL CODE BY ADDING CHAPTER 1 .I0 PROVIDING FOR ADMINISTRATIVE
CODE ENFORCEMENT REMEDIES
WHEREAS, the City of Carlsbad City Council finds that the enforcement
of the Carlsbad Municipal Code (“Municipal Code”) and applicable state codes
throughout the City is an important public service; and
WHEREAS, enforcement of the Municipal Code is vital to the protection of
the public’s health, safety and quality of life; and
WHEREAS, the City Council of the City of Carlsbad recognizes that
successful code enforcement starts with the drafting of precise regulations that can be
effectively applied in administrative enforcement hearings and judicial proceedings; and
WHEREAS a comprehensive code enforcement system that uses a
combination of judicial and administrative remedies is critical to gain ‘compliance with
code regulations; and
WHEREAS, there is a need for additional methods of code enforcement
for violations of the Municipal Code to supplement existing code enforcement tools; and
WHEREAS, the assessment of administrative citations and civil penalties
through an administrative hearing procedure for code violations is a necessary alternate
method of code enforcement; and
WHEREAS, there is a need to establish uniform procedures for
administrative enforcement hearings conducted pursuant to the Municipal Code.
NOW, THEREFORE, the City Council of the City of Carlsbad, California,
does ordain as follows:
Section 1: That Title 1 of the Carlsbad Municipal Code is amended by
the addition of Chapter I, 10, Administrative Code Enforcement Remedies, to read as
follows:
Ordinance No. Ns-591 1 of 9
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CHAPTER 1.10 ADMINISTRATIVE CODE ENFORCEMENT REMEDIES
Sections: General
1.10.005 Statement of Purpose and Intent 1 .I 0.010 Definitions
1 .I 0.020 General Enforcement Authority 1.10.030 Notice of Violation 1.10.040 Service of Notices 1 .I 0.050 Notice of Pending Administrative Enforcement Action 1 .I 0.060 Remedies Not Exclusive
Administrative Citations
1.10.070 Administrative Citations 1 .I 0.080 Administrative Citation Procedures 1 .I 0.090 Contents of Administrative Citation 1 .I 0.100 Administrative Citation Penalties Assessed
1 .lO.l 10 Failure to Pay Administrative Citation Penalties 1 .I 0.120 Appeal of Administrative Citations
Administrative Hearinqs
1 .I 0.130 Administrative Enforcement Hearing Procedures 1.10.140 Administrative Citation Enforcement Order
1.10.150 Qualifications Of Administrative Hearing Officer 1 .I 0.160 Appointment Of Administrative Hearing Officer 1 .I 0.170 Disqualification Of Administrative Hearing Officer
ADMINISTRATIVE CODE ENFORCEMENT REMEDIES
GENERAL
1.10.005 Statement Of PurDose And Intent A. The Council has determined that the enforcement of the Municipal Code and applicable state codes throughout the City is an important public service and is vital to the protection of the public’s health, safety and quality of life. The Council has determined that there is a need for alternative methods of code enforcement and that a comprehensive code enforcement system uses a combination of judicial and administrative remedies to gain compliance with code regulations. The Council finds that there is a need to draft precise regulations that can be effectively applied in judicial and administrative proceedings and further finds that there is a need to establish uniform procedures for the administrative enforcement hearings.
1 .I 0.010 Definitions A. The following definitions shall apply in interpretation and enforcement of
this Chapter. 1. “Administrative Costs” means the administrative citation fines
assessed, all costs incurred by the City from first discovery of the violations through the appeal process and until compliance is achieved, including, but not limited to, staff time
Ordinance No. NS-591 2 of 9
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in inspecting the property, sending notices, preparing and attending any appeal
hearing. 2. “Administrative Code Enforeement Remedies” means
Administrative Abatement, Summary Abatement, Civil Penalties, Administrative Citations, Recordation of Notices of Violation and Notices of Noncompliance as contained in tie Munrcrpa! Code. “Admjnistrative. Hearing Officer” shall mean any person appointed by the City Myager, or his/her designee, to preside at admrnrstratlve hearings. “Enforcement Officer” shall mean any City employee or agent of
the City with the authority to enforce any provision of the Municipal Code. 5. “Person” means any natural person, firm, association, business,
trust, organization, corporation, partnership, company, or any other entity, which is
recognized by law as the subject of rights or duties. 6. “Responsible Party” means any person or persons in charge of the premises or location, or the person or persons responsible for the event or incident, and shall include any of the following: a. The person or persons who own the property where the
violations exist. b. The person or person in charge of the premises where the violation exists.
C. The person or persons using the premises when the
violation exists. d. If any of those persons are minors, the parent or guardians
of such minor(s) shall be the responsible party. e. If the person or persons is a business entity, the manager or
on-site supewyor where the violatron,s exist shall be a responsible party. Muntcrpal Code shall mean the Carlsbad Municipal Code.
1 .I 0.020 General Enforcement Authority
A. For the purposes of this Chapter, the City Manager or his/her designated
Enforcement Officer 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 the Municipal Code.
1 .I 0.030 Notice Of Violation A. Whenever an Enforcement Officer determines that a violation of the
Municipal Code exists, the Enforcement Officer. may issue a Notice of Violation to a
Responsible F;arty. The Notice of Violation shall include the following information:
2: The name of the owner of record of the property. Street address.
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The Municipal Code sections in violation. A description of how the property’s condition violates the applicable
Municipal Code section. 5. A list of necessary corrections to bring the property into
compliance. 6. A deadline or specific date to correct the violations listed in the Notice of Violation. 7. A reference to the potential consequences should the property
remain in violation after the expiration of the compliance deadline including, but not limited to; criminal prosecution, civil injunction, administrative abatement, administrative citations, revocation of permits, recordation of the Notice of Violation, recordation of Certificates of Noncompliance and withholding of future municipal permits.
1.10.040 Service Of Notices
Ordinance No. NS-5g1 3 of 9
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A. Except for an initial Notice of Violation, whenever a notice is required to be given under the Municipal Code for enforcement purposes, the notice shall be
served by any of the following methods unless different provisions are otherwise
specifically styted to apply:
2:
Personal service; or Certified mail, postage prepaid, return receipt requested.
Simultaneously, the same notice may be sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to
regular mail, provided the notice that was sent by regular mail is not returned; or
3. Posting the notice conspicuously on or in front-of the pro-perty. The form ofBhe post notice shall be approved by the City Manager, or h@her designee. Service by certified or regular mail in the manner described above shall be
effectiv;‘on the date. of mailing. The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceezngs taken under this Code. The notice requirements in this section do not apply to initial Notices of
Violation, which may be sent by regular mail. Service of a Notice of Violation by regular mail is effective on the date of mailing.
1 .I 0.050 Notice Of Pending Administrative Enforcement Action A. For purposes of this Chapter the Enforcement Officer may record with the County Recorder’s Office a notice against a property, which is the subject of an administrative enforcement action pending with the City of Carlsbad. B. A notice of pending administration action shall be on a form approved by the City Manager or his/her designee and shall describe the nature of the administrative action and refer to the Municipal Code governing the pending administrative action.
1 .I 0.060 Remedies Not Exclusive A. The procedures established in this Chapter shall be in addition to criminal,
civil or other legal remedies established by law which may be pursued to address
violations of this Municipal Code or applicable state codes and the use of this Chapter
shall, be at the sole discretion of the City.
ADMINISTRATIVE CITATIONS
1 .I 0.070 Administrative Citations A. For purposes of this Chapter any person violating any provision of the
Municipal Code may be issued an administrative citation by an Enforcement Officer as
provided for in this Chapter. B. A continuing violation of the Municipal Code constitutes a separate and distinct violation each and every day that said violation exists. C. A citation penalty shall be assessed by means of an administrative citation issued by the Enforcement Officer and shall be payable directly to the City of Carlsbad. D. Penalties assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this Chapter.
1.10.080 Administrative Citation Procedures A. Upon discovering a violation of this code, an Enforcement Officer may issue an administrative citation to a Responsible Party in the manner prescribed in this Chapter. The administrative citation shall be issued on a form prescribed by the City
Attornei- Any party responsible for a violation of this Code shall be provided a Notice of Violation prior to the issuance of an administrative citation. A Notice of
Ordinance No. NS-5g1 4 of 9
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Violation is not required before issuance of a second or any subsequent administrative citation for a continuing or repeated violation.
C. A second or subsequent Notice of Violation does not need to be issued to the same party if a Notice of Violation for the same or similar violation has been issued within the prior year period.
D. Failure to comply with any portion of a Notice of Violation may result in the issuance of an administrative citation. E. If the Responsible Party is not an individual, the Enforcement Officer shall attempt to locate the owner and issue the owner an administrative citation. If the Enforcement Officer can only locate the manager or on-site supervisor, the administrative citation may be issued in the name of the entity and given to said manager or on-site supervisor. A copy of the administrative citation shall also be
mailed to the owner in the manner prescribed in Section 1.10.040 of this Chapter. F Once the Responsible Party is located, the Enforcement Officer shall attempt to obtain the signature of that person on the administrative citation. If the Responsible Party refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent proceedings. G. If the Enforcement Officer is unable to locate the Responsible Party for the violation, then the administrative citation shall be mailed to the Responsible Party in
the manner prescribed in Section 1.10.040 of this Chapter.
H. If no one can be located at the property, the administrative citation shall be posted in a conspicuous place on or near the property and a copy subsequently mailed to the Responsible Party in the manner prescribed in Section 1.10.040 of this
ChaptY- The failure of any person with an interest in the property to receive notice shall not affect the validity of any proceedings taken under this Chapter.
1.10.090 Contents Of Administrative Citation
A. The administrative citation shall refer to the date and location of the violations and the approximate time, if applicable, that the violations were observed. B. The administrative citation shall refer to the Municipal Code sections violated and describe how the sections have been violated. C. The administrative citation shall describe the action required to correct the violations. D. The administrative citation shall require the Responsible Party to immediately correct the violations and shall explain the consequences of failure to correct the violations. E. The administrative citation shall state the amount of penalty imposed for the violations.
F. The administrative citation shall explain how the penalty shall be paid and
the time period by which it shall be paid, and the consequences of failure to pay the penalty. G. H. The administrative citation shall identify all appeal rights. The administrative citation shall contain the signature of the Enforcement Officer and the signature of the Responsible Party, if he/she can be located, as outlined in Section 1.10.080.
1 .I 0.100 Administrative Citation Penalties Assessed A. The penalty amount shall be assessed at a rate as adopted by resolution
of the City Council.
B. All penalties assessed shall be payable to the City within thirty (30) days from the date of the administrative citation. C. Any administrative citation penalty paid pursuant to this section shall be refunded in accordance with Section 1 .I 0.140 if it is determined, after a hearing, that
Ordinance No. NS-5g1 5 of 9
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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. D. Payment of the penalty shall not excuse the failure to correct the violatio;s nor shall it bar further enforcement action by the City. . If the Responsible Party fails to correct the vrolation, or has the same or similar violation within a one year period, subsequent administrative citations may be issued. The amount of the penalty shall increase at a rate specified by resolution of the City Council.
1 .lO.l y Failure Tq Pav Administrative Citation Penalties
The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation, without the filing of an appeal as provided in Section 1.10.120, shall result in the assessment of an additional late fee. The amount of the late fee shall be 100% of the total amount of the administrative penalty. B. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the City. To
enforce that debt, the City may file a civil action, improve a special assessment as set forth beCow, or pursue any other legal remedy to collect such money. The City may Impose a special assessment against the property that is the subject of a citation if the citation has been issued to the property owner. The City shall record a notice of lien in the office of the county recorder when the special assessment procedure is used. When so made and confirmed, the cost shall constitute a lien on that property for the amount of the assessment. After confirmation and recordation, a copy shall be turned over to the San Diego County Tax Collector. At that point, it will be the duty of the tax collector to add the amounts of the respective assessments to the next regular property tax bills levied against the lots and parcels of land for municipal purposes. Those amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale as provided for with
ordinary municipal taxes. Or, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.
1 .I 0.120 Appeal Of Administrative Citation A. Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the City within thirty (30) days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to subsection (E) of this Section, If the deadline falls on a. weekend or City holiday, then th; deadline shall be extended until the next regular business day. A request for hearing form may be obtained from the City of Carlsbad Finance-Department (the “Finance Department”) or the department specified on the administrative citation. C. The person requesting the hearing shall be notified of the time and place
set for Fe hearing at least ten days prior to the date of the hearing. If the Enforcement Officer submits an addrtlonal written report concerning the administrative citation to the Administrative Hearing Officer at the hearing, then a copy of that report shall also be served on the person requesting the hearing at least five (5)zays prior to the date of the hearing. . Advance Deposit Hardship Waiver 1. 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 make the advance deposit of the fine as required may file a request for an advance deposit hardship waiver.
Ordinance No. Ns-591 6 of 9
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2. The request shall be filed with the Finance Department on an
advance deposit hardship waiver application form available from the Finance
Department, within ten (10) days of the date of the administrative citation.
3. The- requirement of depositing the full amount of the fine as required shall be stayed unless or until the Finance Department designee makes a determination not to issue the advance deposit hardship waiver. 4. The Finance Department designee may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the cited
party submits to the Finance Department a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the Finance Department the person’s actual financial inability to deposit with the City the full amount of the fine in advance of th; hearing. If the Finance Department determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the City within ten (10) days of the date of that decision or thirty (30) days from the date of the administrative citation, whichever is later. 6. The Finance Department shall issue a written determination listing the reasons for the determination to issue or not issue the advance deposit hardship waiver. The written determination of the Finance Department shall be final. 7. The written determination of the Finance Department shall be
served upon the person who applied for the advance deposit hardship waiver.
ADMINISTRATIVE HEARINGS
i.10.130 Administrative Enforcement Hearina Procedures
A. Hearinq Procedure 1. No hearing to contest an administrative citation before an Administrative Hearing Officer shall be held unless the fine has been deposited in advance or an advance deposit hardship waiver has been issued.
2. A hearing before the Administrative Hearing Officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the Fquest for hearing is filed. No&e of the Administrative Enforcement Hearing shall be mailed to the appealizg person in the manner prescribed by section 1.1.0.040 of this Chapter. The failure of any person wtth an Interest In the property, or other responsible party, to receive such properly addressed notice of the hearing shall not affect the validity of any proceedings under this Chapter. 5. The failure of any recipient of an administrative citation to appear at the hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.
6. At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation. 7. 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.
8. The Administrative Hearing OfFrcer 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. 9. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person’s rights to administrative determination of the merits of the citation and the amount of the penalty. If no appeal is filed, the citation shall be deemed a final administrative order. B. Hearins Officer’s Decision
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1. After considering all of the testimony and evidence submitted at the hearing, the Administrative 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 Administrative Hearing Officer shall be final.
2. As part of the Administrative Citation Enforcement Order, the
Administrative Hearing Officer may reduce, waive or conditionally reduce the penalties
or late fees assessed by the citation. 3 The Administrative Hearing Officer may also impose conditions and deadlines to czrrect the violations or require payment of any outstanding penalties. The Admrnrstrative Hearing Officer may assess reasonable administrative costs incurred by the City as described in Section 1 .I 0.010.
5. If the Administrative Hearing Officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retainrd by the City. If the Administrative 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 Administrative Hearing Officer shall set forth in the decision a payment schedule for the fine. 7. If the Administrative Hearing Officer determines that the administrative citation should be canceled and 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 w;s held by the.C.ity. The recipient of the administrative citation shall be served with a copy of the Administrative Hearing Officer’s written decision. 9. The employment, performance evaluation, compensation and benefits of the Administrative Hearing Officer shall not be directly or indirectly conditioned upon the amount of the administrative citation fines upheld by the AdminisCrative Hearing Officer. , Rrqht to Judicial Review 1. After receipt of the hearing officer’s decision, the respondent may file an appeal with the Municipal Court for de novo review. The request for review shall be submitted within 20 days of the date that the citation is deemed a final administrative order. The request for review shall be submitted on a form prescribed by the Court to
the City of Carlsbad, along with the applicable filing fee. The request for Municipal Court review shall state the reasons the party objects to the hearing officer’s findings or decision. 2. A copy of the Notice of Violation and imposition of penalty shall be entered as prima facie evidence of the facts stated therein.
3. If the Court finds in favor of the respondent, the amount of the fee shall be reimbursed to the respondent by the City. Any deposit of penalty shall be refunded by the City in accordance with the judgment of the Court. 4. If the penalty has not been deposited, and the decision of the Court is against the respondent, the City may proceed to collect the civil penalty in the manner provided by law.
1 .I 0.140 Administrative Hearincl Officer A. The City Manager, or his/her designee, shall promulgate rules and procedures’ as are necessary to establish a pool of qualified persons who are capable
of acting on behalf of the City as Administrative Hearing Officers. B. Administrative Hearing Officers presiding at administrative hearings shall be appointed and compensated by the City Manager, or his designee. The City Manager, or his designee shall develop policies and procedures relating to the employment and compensation of Administrative Hearing Officers.
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C. Any person designated to serve as an Administrative Hearing Officer is
subject to disqualification for bias, prejudice, interest, or for any other reason for which
a judge may be disqualified in a court of law. Rules and procedures for the
disqualification of an Administrative Hearing Officer shall be promulgated by the City
Manager, or his/her designee.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 12th day of June ,2001, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the day of I 2001, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
Ordinance No. NS-5g1 9 of 9
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk (SEAL)
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RESOLUTION NO. 2001-167
A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE MASTER FEE
SCHEDULE TO ESTABLISH ADMINISTRATIVE CITATION
PENALTIES
5 WHEREAS, the City of Carlsbad, Califonria has established, pursuant to
6 Government Code section 53069.4, administrative procedures by which violations of the
7 Carl&ad Municipal Code are subject to administrative fines and penalties; and
8 WHEREAS, where the violation of the Carlsbad Municipal Code would
9 otherwise be an infraction, Government Code section 53069.4 limits the administrative
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fines or penalties to (1) an amount not exceeding one hundred dollars ($100) for a first
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violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation of
the same ordinance within one year; and/or (3) a fine not exceeding five hundred dollars
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($500) for each additional violation of the same ordinance within one year; and
WHEREAS, the City Council of the City of Carlsbad desires to establish
administrative citation fines and penalties pursuant to Government Code section
53069.4,
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California:
1. That the above recitations are true and correct.
ill
I//
ill
Ill
ill
Ill
1 2. That the Master Fee Schedule adopted by Resolution No. 2000-362 is
2 hereby amended by adding the following:
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Fee Description Current Recommended % Change Unit Cost $ Subsidy
Administrative Citations Fine/Penalty Fine/Penalty
First Violoation none $100 new n/a n/a
Second Violation none $200 new n/a n/a
Third Violation none $500 new n/a n/a
Each subsequent
Violation of same
Within a one year
Period none $500 new n/a n/a
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11 PASSED, APPROVED AND ADOPTED at a regular meeting of the City
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Council of the City of Carlsbad held on the 12th day of June ,
2001 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
ABSENT: None.
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