HomeMy WebLinkAbout2020-05-19; City Council; ; Amendments to Carlsbad Municipal Code Chapter 1.08, Penalties, and Chapter 1.10, Administrative Code Enforcement Remedies~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact :
May 19, 2020
Mayor and City Council
Celia Brewer, City Attorney
Cindie McMahon, Assistant City Attorney
760-434-2891; cindie.mcmahon@carlsbadca.gov
Marissa Kawecki, Deputy City Attorney
760-434-2891; Marissa.kawecki@carlsbadca.gov
CA Review MK ---
Subject: Amendments to Carlsbad Municipal Code Chapter 1.08, Penalties, and
Chapter 1.10, Administrative Code Enforcement Remedies
Recommended Action
1. Introduce an ordinance amending Carlsbad Municipal Code Chapter 1.08, Penalties.
2. Introduce an ordinance amending Carlsbad Municipal Code Chapter 1.10, Administrative
Code Enforcement Remedies.
Executive Summary
On May 23, 2017, the City Council directed staff to commence work on a comprehensive
update to the Carlsbad Municipal Code. On July 23, 2019, t_he City Council created the ad hoc
Carlsbad Municipal Code and City Council Policy Update Subcommittee comprised of Council
Members Blackburn and Schumacher to assist staff from the City Attorney's Office and the City
Clerk's Office with recommendations for the update. As part of the update, the subcommittee
recommends the City Council adopt ordinances amending Chapter 1.08, Penalties, and Chapter
1.10, Administrative Code Enforcement Remedies.
Discussion
Chapter 1.08 establishes the City Attorney's Office's charging authority for code violations, the
criminal and civil penalties for code violations, and the au~hority of certain city employees to
arrest code violators. Chapter 1.10 sets forth the administrative code enforcement remedies for
code violations, including procedures for conducting administrative enforcement activities and
hearings. Both chapters were reviewed by city staff and the subcommittee to ensure they were ·
consistent with state law, reflective of city policy, clearly written and follow city style
guidelines. Based on the recommendations of staff and the subcommittee's own review of
these chapters, the subcommittee is recommending the following substantive changes:
Chapter 1.08 Penalty
• Clarifies that all violations of Titles 8 and 11, as well as other code provisions specifically
stating that a code violation is a misdemeanor, may be charged as either a misdemeanor
or an infraction at the discretion of the City Attorney.
• Extends liability for code violations to persons who aid or abet code violations.
May 19, 2020 Item #7 Page 1 of 41
• Sets the penalties for infractions to automatically track state law (California Government
Code section 36900).
• Allows for assessment of penalties of up to $1,000 per violation per day in civil
enforcement actions.
• Clarifies that a conviction or payment of a fine does not exempt compliance with the
code in all other respects.
Chapter 1.10 Administrative Code Enforcement Remedies
• Allows the city manager or designee to establish rules and procedures necessary to
implement this chapter, subject to City Council approval.
• Allows more flexibility in determining the best way to notify interested parties while still
ensuring due process requirements are met.
• Clarifies that mailed notices will be sent to a responsible party's property address(es) on
file with the county tax collector and county assessor.
• Provides procedures for the assessment and collection of administrative costs,
including:
o Providing the responsible party with a right to have a hearing before the
Planning Commission to determine if the proposed lien shall become a lien.
o Allowing the City Council to adopt the Planning Commission's recommendation
or schedule the matter for a new hearing before the City Council.
• In keeping with changes in state law, allows for anyone illegally cultivating cannabis to
be immediately cited without a notice of violation (California Government Code section
53069.4(a)(2)(B) ).
• For violations that are continuing in nature, allows for an administrative citation to
demand the responsible party to cease and desist from further action causing the
violation(s) and take required corrective actions.
• Clarifies that the administrative penalty assessed for code violations will track the
amounts authorized by California Government Code sections 36900(b)-(d) and
53069.4(a)(l).
• Clarifies that payment of administrative penalties does not excuse a failure to correct a
violation or bar further enforcement action by the city, and that the correction of a
violation does not excuse the failure to pay administrative penalties.
• Removes the city's ability to impose a special assessment and notice of lien against a
property that is the subject of an administrative citation, in line with the case
Mecham mil v. City of San Jacinto, 653 Fed.Appx. 562 (9th Cir. 2016).
• Imposes limitations on transfer of ownership when an administrative citation is pending
against any real property or structure.
• Provides a clear process for the appeal of administrative citations, the filing and
determination of hardship waivers and the appeal of a final administrative decision.
The subcommittee is continuing to review the code and City Council policies and will be
bringing forward additional recommendations at future City Council meetings.
May 19, 2020 Item #7 Page 2 of 41
Fiscal Analysis
The existing fiscal year 2019-2020 budgets for the City Attorney's Office and City Clerk's Office
include sufficient funding for the cost of amending the referenced code provisions.
Next Steps
The City Clerk will prepare the ordinances for adoption at the next regular council meeting.
Once adopted, the City Clerk will publish the ordinances or a summary of the ordinances in a
newspaper of general circulation within 15 days. The ordinances will be effective 30 days
following their adoption.
Environmental Evaluation (CEQA}
Pursuant to Public Resources Code section 21065, the recommended actions do not constitute
a "project" within the meaning of the California Environmental Quality Act because they have
no potential to cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment, and, therefore, do not require
environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. Ordinance to Amend Carlsbad Municipal Code Chapter 1.08
2. Ordinance to Amend Carlsbad Municipal Code Chapter 1.10
3. Redline of proposed amendments to Carlsbad Municipal Code Chapter 1.08
4. Redline of proposed amendments to Carlsbad Municipal Code Chapter 1.10
May 19, 2020 Item #7 Page 3 of 41
ORDINANCE NO. CS-374
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 1, CHAPTER 1.08 OF THE CARLSBAD
MUNICIPAL CODE
Exhibit 1
WHEREAS, on May 23, 2017, the City Council of the City of Carlsbad, California (City Council)
determined the Carlsbad Municipal Code (Code) requires revisions and amendments and a
comprehensive update to the Code is necessary to improve clarity and consistency as well as to reflect
current legal and professional best practices; and
WHEREAS, on May 23, 2017, the City Council adopted Resolution 2017-095 authorizing the
Code update; and
WHEREAS, on July 23, 2019, the City Council adopted Resolution 2019-133 creating the ad hoc
Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) to assist with
the update and expanding the update to include both the Code and City Council Policies; and
WHEREAS, the enforcement of the Code and applicable state codes throughout the City of
Carlsbad is an important public service and is vital to the protection of the public's health, safety, and
quality of life; and
WHEREAS, in order to effectively enforce the Code, the city must establish charging discretion,
standard criminal and civil penalties and authority for certain city employees to arrest violators.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1. The above recitations are true and correct.
2. Carlsbad Municipal Code Title 1, Chapter 1.08 is amended to read as follows:
Sections:
1.08.010
1.08.020
1.08.030
Chapter 1.08
PENALTIES
Ordinance violations; penalties.
Authority of city employees to arrest.
Authority of police rangers to arrest.
1.08.010 Ordinance violations; penalties
A. Except as otherwise provided in this code, a violation of any provision of this code may be charged
as an infraction.
May 19, 2020 Item #7 Page 4 of 41
B. A violation of any provision in Titles 8 or 11 of this code, or any other provision specifically stating
a violation is a misdemeanor, may be charged as an infraction or a misdemeanor at the discretion
ofthe city attorney.
C. Nothing contained in this code abrogates the city attorney's discretion to reduce any act
chargeable as a misdemeanor under this chapter to an infraction if the city attorney determines
the reduction serves the interest of justice.
D. Aiding and Abetting. Whenever a provision of this code prohibits any act or omission, the
provision also prohibits the causing, permitting, aiding, abetting, suffering, maintaining, or
concealing of the act or omission. Any person who causes, permits, aids, abets, suffers, maintains,
or conceals the act or omission is guilty of a violation of this code and subject to the punishment
prescribed for the act or omission.
E. Criminal Penalties.
1. Misdemeanor. Except as otherwise provided in this code, a violation of this code determined
to be a misdemeanor is punishable by a fine not exceeding $1,000.00, imprisonment in county
jail for a term not exceeding six months, or both.
2. Infraction.
a. Except for a violation of a local building or safety code, a violation of this code
determined to be an infraction is punishable by a fine as provided for in California
Government Code Section 36900, subdivision (b).
b. A violation of a local building or safety code determined to be an infraction is punishable
by a fine as provided for in California Government Code Section 36900, subdivision (c).
c. A person fined for an infraction under California Government Code Section 36900,
subdivisions (b)(2), (b)(3), (c)(2), or (c)(3), who meets the requirements of California
Government Code Section 36900, subdivision (d), may request a hardship waiver under
that subdivision to reduce the amount of the fine.
3. In addition to a monetary fine set forth in this subsection (E), both conditional sentencing and
probation are authorized as sentencing options in accordance with California Penal Code
Section 1203, subdivision (a).
F. Civil Penalties. Any provision ofthis code may be enforced by an injunction issued by the Superior
Court upon a civil suit brought by the city. As part of the civil action, the court may assess a
maximum civil penalty under California Government Code Section 36901 of $1,000 per violation
for each day the violator commits, continues, allows or maintains the violation.
G. Separate Violations. Each and every day during any portion of which a violation of this code is
committed, continued, or permitted is a separate offense.
H. A conviction or payment of a fine or penalty for any violation of this code does not excuse or
exempt compliance with all provisions of this code, including payment of any tax, fee, or other
charge required by this code.
I. Nothing contained in this section shall preclude the city from enforcing the provisions of this code
through other available methods including an administrative citation under Chapter 1.10 and/or
abatement of a public nuisance under Chapter 6.16 of this code.
May 19, 2020 Item #7 Page 5 of 41
1.08.020 Authority of city employee to arrest.
A. The city manager or a deputized city employee is authorized under California Penal Code Section
836.5 to arrest a person without a warrant whenever the employee has reasonable cause to
believe the person to be arrested committed a misdemeanor offense in the employee's presence
that is a violation of this code or any uncodified city building or zoning ordinance.
B. The city manager may deputize a city employee to exercise the power of arrest described in
subsection A of this section if the employee has completed an introductory course of training
prescribed by the Commission on Peace Officer Standards and Training pursuant to California
Penal Code Section 832. Nothing in this section authorizes a deputized employee to carry a
firearm.
1.08.030 Authority of police rangers to arrest.
A. The city manager or a deputized police ranger is authorized under California Penal Code Section
836.5 to arrest a person without a warrant whenever the police ranger has reasonable cause to
believe the person to be arrested committed a misdemeanor or infraction in the employee's
presence that is a violation of any provision of this code or the animal control provisions of the
San Diego County Code as adopted by Section 7.08.010(8) of this code.
B. The city manager may deputize a police ranger to exercise the power of arrest described in
subsection A of this section if the police ranger has satisfactorily completed an introductory course
of training prescribed by the Commission on Peace Officer Standards and Training pursuant to
California Penal Code Section 832. Nothing in this section authorizes a deputized police ranger to
carry a firearm.
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 the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
May 19, 2020 Item #7 Page 6 of 41
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 19th
day of May 2020, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ ~ 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
May 19, 2020 Item #7 Page 7 of 41
ORDINANCE NO. CS-375
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 1, CHAPTER 1.10 OF THE CARLSBAD
MUNICIPAL CODE
Exhibit 2
WHEREAS, on May 23, 2017, the City Council of the City of Carlsbad, California (City Council)
determined the Carlsbad Municipal Code (Code) requires revisions and amendments and a
comprehensive update to the Code is necessary to improve clarity and consistency as well as to reflect
current legal and professional best practices; and
WHEREAS, on May 23, 2017, the City Council adopted Resolution 2017-095 authorizing the
Code update; and
WHEREAS, on July 23, 2019, the City Council adopted Resolution 2019-133 creating the ad hoc
Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) to assist with
the update and expanding the update to include both the Code and City Council Policies; and
WHEREAS, the enforcement of the Code and applicable state codes throughout the City of
Carlsbad is an important public service and is vital to the protection of the public's health, safety, and
quality of life; and
WHEREAS, there is a need for alternative methods of code enforcement, and a comprehensive
code enforcement system uses a combination of judicial and administrative remedies to gain
compliance with code regulations; and
WHEREAS, there is a need to draft precise regulations that can be effectively applied in judicial
and administrative proceedings, and there is a need to establish uniform procedures for administrative
enforcement hearings.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1. The above recitations are true and correct.
2. Carlsbad Municipal Code Title 1, Chapter 1.10 is amended to read as follows:
Chapter 1.10
ADMINISTRATIVE CODE ENFORCEMENT REMEDIES
Sections:
Article I. General
1.10.005 Purpose and intent.
May 19, 2020 Item #7 Page 8 of 41
1.10.010 Definitions.
1.10.020 General enforcement authority.
1.10.030 Notice of violation.
1.10.040 Service of notices and citations.
1.10.050 Notice of pending administrative enforcement action.
1.10.055 Administrative costs.
1.10.060 Remedies not exclusive.
Article II. Administrative Citations
1.10.070 Administrative citations.
1.10.080 Administrative citation procedures.
1.10.090 Contents of administrative citation.
1.10.100 Administrative penalties assessed.
1.10.110 Failure to pay administrative penalties.
1.10.115 Transfer of ownership.
1.10.120 Appeal of administrative citation.
Article Ill. Administrative Hearings
1.10.130 Administrative hearing procedures.
1.10.140 Additional rules and procedures for administrative hearing officers and
administrative hearings.
Article I. General
1.10.005 Purpose and intent.
The enforcement of this 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. There is a need
for alternative methods of code enforcement, and a comprehensive code enforcement system uses a
combination of judicial and administrative remedies to gain compliance with code regulations. There
is a need to draft precise regulations that can be effectively applied in judicial and administrative
proceedings, and there is a need to establish uniform procedures for administrative enforcement
hearings.
1.10.010 Definitions.
The following definitions apply in interpreting and enforcing of this chapter:
"Administrative code enforcement remedies" include administrative abatement, summary abatement,
civil penalties, notices of violation, administrative citations, recordation of notices of violation and
certificates of noncompliance, and the withholding or revocation of permits as authorized by this
code.
"Administrative costs" means the actual costs incurred by the city from first discovery of a violation
through the appeal process and until compliance is achieved, including staff time inspecting
property, documenting violations, sending notices, and interviewing and responding to
witnesses/complaining parties; laboratory, photographic, printing and other expenses incurred to
document or establish the existence of a violation; scheduling and processing of any
administrative hearing and related actions; and time and resources necessary to prepare for and
May 19, 2020 Item #7 Page 9 of 41
participate in any appeal hearing. The amount of administrative costs shall not exceed the actual
cost incurred in performing inspections and enforcement activity, including permit fees, fines, late
charges, and interest.
"Administrative hearing officer" means any person appointed by the city manager or designee to
preside over administrative hearings.
"Administrative penalty" means a monetary fine imposed by the city for acts or omissions determined
to violate this code.
"Enforcement officer" means any city employee or agent of the city with the authority to enforce any
provision of this code.
"Person" means a natural person, firm, association, business, trust, organization, corporation,
partnership, company, or other entity, which is recognized by law as the subject of rights or duties.
"Responsible party" means a person in charge of a premises or location, or a person responsible for an
event or incident, and includes any of the following:
1. A person who owns a property where a violation exists
2. A person in charge of or exercising control over a premises where a violation exists
3. A person renting, leasing, or using a premises where a violation exists
4. If a person is a minor under the age of 18, the parents or guardians of the minor shall be the
responsible party
5. If a person is a business entity, the manager or on-site supervisor where a violation exists
shall be a responsible party
1.10.020 General enforcement authority.
A. For the purposes of this chapter, the city manager or designated enforcement officer shall have
the power to issue notices of violation and field citations, inspect public and private property, and
use the judicial and administrative remedies available under this code and state law.
B. The city manager or a designee may establish rules and procedures necessary to implement the
provisions of this chapter, subject to approval by the city council.
1.10.030 Notice of violation.
Whenever an enforcement officer determines a violation of this code exists, the enforcement officer
may issue a notice of violation to any responsible party. The notice of violation shall include the
following information:
A. The name of the record owner of the property
B. Street address
C. The code section(s) violated
D. A description of how the property's condition violates the applicable code section(s)
E. A description of necessary corrections to bring the property into compliance
F. A reasonable deadline or specific date to correct the violations listed in the notice of violation
May 19, 2020 Item #7 Page 10 of 41
G. If the notice of violation is issued for a public nuisance under Chapter 6.16 of this code, an
advisement that the responsible party has 10 calendar days from the date of service of the notice
of violation to file an appeal
H. A reference to the potential consequences should the property remain in violation after the
expiration of the compliance deadline, including criminal prosecution, civil injunction,
administrative abatement, administrative citations, revocation and withholding of permits,
recordation of the notice of violation, and recordation of certificates of noncompliance
1.10.040 Service of notices and citations.
A. Except for an initial notice of violation, whenever a notice or administrative citation is required to
be given under this code for enforcement purposes, the notice or administrative citation shall be
served on a responsible party by any of the following methods unless different provisions are
otherwise specifically stated to apply:
1. Personal service; or
2. Posting the notice or administrative citation conspicuously on or in front of the property that
is the subject of the violation and subsequently mailing a copy to a responsible party in the
manner described in paragraph (3) of this subsection. The form of the posted notice or
administrative citation shall be approved by the city attorney or designee; or
3. Certified mail, postage prepaid, return receipt requested to the property address and any
other mailing address(es) on file with the county tax collector and the county assessor. The
city may, but is not required to, provide this form of notice to any other known address for a
responsible party.
a. Simultaneous to service by certified mail, the same notice or administrative citation may
also be sent by regular mail to the property address(es) on file with the county tax collector
and the county assessor.
b. If a notice or administrative citation sent by certified mail is returned unsigned, then
service shall be deemed effective pursuant to any regular mailing. However, if the notices or
administrative citations sent by both regular mail and certified mail are returned, the notices
or administrative citations must be served pursuant to paragraph (1) or (2) of this subsection.
c. Service by certified or regular mail in the manner described in this subsection is effective
on the date of mailing.
B. The failure of a responsible party to receive any notice or administrative citation served in
accordance with this chapter shall not affect the validity of any proceedings taken under this code.
C. The notice requirements in this section do not apply to initial notices of violation, which may be
sent by regular mail to the property address(es) on file with the county tax collector and the
county assessor. Service of a notice of violation by regular mail is effective on the date of mailing.
D. If a responsible party is not an individual, the enforcement officer shall attempt to identify the
property owner and issue the property owner the notice or administrative citation. If the
enforcement officer can only identify the manager or on site supervisor of the property, the notice
or administrative citation may be issued in the name of the property owner and served upon the
manager or onsite supervisor in the manner provided in this chapter. A copy of the notice or
administrative citation shall also be mailed to the property owner in the manner prescribed by
this section.
May 19, 2020 Item #7 Page 11 of 41
E. If the property that is the subject of a violation is owned by a corporation, notices and
administrative citations may be served by certified mail to the registered agent for the
corporation.
1.10.050 Notice of pending administrative enforcement action.
A. For purposes of this chapter the enforcement officer may have a notice recorded with the county
recorder's office against a property that is the subject of a pending administrative enforcement
action with the city.
B. The notice of the pending administrative enforcement action shall be on a form approved by the
city attorney or designee and shall describe the nature of the administrative enforcement action
and reference the governing code section(s).
C. Upon final resolution of the pending administrative enforcement action, the enforcement officer
shall have a certificate of compliance or notice of release filed with the county recorder's office
releasing the property from the notice of pending administrative enforcement action.
1.10.055 Administrative costs.
A. In addition to the assessment of any administrative penalties, the enforcement officer is
authorized to assess administrative costs against a responsible party, as provided for in California
Government Code Section 54988.
B. The city shall provide a responsible party and the property owner with written notice of
assessment of administrative costs on a form approved by the city attorney or designee, which
shall include:
1. The basis for the administrative costs
2. The code section(s) ofthe underlying administrative enforcement action
3. A statement that the property owner has 45 days after such notice is issued to pay the
administrative costs, after which time the property may be subject to a proposed lien
4. A statement that the property owner has an opportunity to appear before the planning
commission and be heard regarding whether the proposed lien should become a lien and the
lien amount
C. The notice of assessment of administrative costs shall be mailed using the service by mail
procedures in Section 1.10.040.
D. If the property owner elects to appear before the planning commission and be heard regarding
whether the proposed lien should become a lien and the lien amount, the planning commission
shall conduct a hearing. Written notice of the hearing shall be provided to the property owner at
least 10 days in advance of the hearing. After the hearing, the planning commission shall make a
written recommendation to the city council. The recommendation shall include factual findings
based on the evidence introduced at the hearing.
E. The city council may adopt the planning commission's recommendation or direct the matter be
set for a new hearing before the city council. Written notice of the new hearing shall be provided
to the property owner at least 10 days in advance of the hearing.
May 19, 2020 Item #7 Page 12 of 41
F. If the city council determines that the proposed lien shall become a lien, the city council may have
a notice of lien recorded with the county recorder. The lien shall attach upon recordation and shall
have the same force, priority, and effect as a judgment lien, not a tax lien. The notice of lien shall
include the record owner or possessor ofthe property, the last known address of the record owner
or possessor, the date upon which the lien was created against the property, and a description of
the real property subject to the lien and the amount of the lien.
G. All administrative costs assessed are cumulative. If a responsible party fails to correct the
violation(s), or has the same, similar, repeated, or continuing violation(s), subsequent
administrative costs may be assessed.
H Payment of administrative costs does not excuse the failure of a responsible party to correct the
violations(s) and does not bar further enforcement action by the city.
I. The correction of a violation does not excuse the failure of a responsible party to pay any
outstanding administrative costs.
1.10.060 Remedies not exclusive.
The procedures established in this chapter shall be in addition to criminal, civil or other legal and
equitable remedies established by law which may be pursued to address violations of this code or
applicable state codes, and the use of this chapter shall be at the sole discretion of the city.
Article II. Administrative Citations
1.10.070 Administrative citations.
A. A person violating a provision of this code may be issued an administrative citation by an
enforcement officer as provided for in this chapter.
B. A continuing violation of this code constitutes a separate and distinct violation each and every day
the violation exists.
C. Administrative penalties shall be assessed by means of an administrative citation issued by an
enforcement officer and shall be payable directly to the city.
D. Administrative penalties 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 and serve an
administrative citation to a responsible party in the manner prescribed in this chapter. The
administrative citation shall be issued on a form approved by the city attorney or designee.
B. A responsible party shall be provided a notice of violation prior to the issuance of an administrative
citation, except in the event of certain violations related to the illegal cultivation of cannabis, as
governed by California Government Code Section 53069.4(a)(2)(B).
C. A second or subsequent notice of violation does not need to be issued to the same responsible
party prior to the issuance of an administrative citation if a notice of violation for the same, similar,
repeated, or continuing violation was previously issued.
May 19, 2020 Item #7 Page 13 of 41
D. Failure to comply with any portion of a notice of violation may result in the issuance of an
administrative citation.
E. If an administrative citation is served by personal service, the enforcement officer shall attempt
to obtain the signature of the responsible party to whom the administrative citation is being
issued. 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 any subsequent proceedings.
1.10.090 Contents of administrative citation.
An administrative citation shall:
A. Document the date and location of the violation(s) and, if applicable, the approximate time the
violation(s) were observed;
B. Document the code section(s) violated and describe how the section(s) were violated;
C. Describe the action required to correct the violation(s);
D. Require the responsible party to correct the violation(s) by a reasonable compliance date to be
provided by the enforcement officer and explain the consequences of failure to correct the
violation(s);
E. If a violation is continuing in nature, demand the responsible party cease and desist from further
action causing the violation(s) and commence and complete all action to correct the outstanding
violation(s);
F. State the amount of the administrative penalty imposed for the violation(s);
G. Explain how the administrative penalty shall be paid, the time period by which it shall be paid and
the consequences of the failure to timely pay it;
H. Indicate the responsible party has 30 calendar days from the date of issuance ofthe administrative
citation to appeal the citation, including any administrative penalty imposed;
I. Contain the signature of the issuing enforcement officer and the signature of the responsible
party, if the responsible party was personally served and signed the administrative citation, as
provided in this chapter; and
J. Contain a reference to the potential consequences should the property remain in violation after
the expiration of the compliance deadline, including criminal prosecution, civil injunction,
administrative abatement, additional administrative citations, revocation and withholding of
permits, recordation of notices of violation, and recordation of certificates of noncompliance.
1.10.100 Administrative penalties assessed.
A. The amount of administrative penalty assessed shall be as authorized in California Government
Code Sections 36900, subdivisions (b)-(d), and 53069.4, subdivision (a)(l).
B. All administrative penalties assessed are cumulative. If a responsible party fails to correct the
violation(s), or has the same, similar, repeated, or continuing violation(s), subsequent
administrative penalties may be issued.
C. All administrative penalties assessed shall be payable to the city within 30 calendar days from the
date of the administrative citation.
May 19, 2020 Item #7 Page 14 of 41
D. All administrative penalties paid under this section shall be refunded if it is determined, after a
hearing, the person charged in the administrative citation was not responsible for the violation(s)
or there were no violation(s) as charged in the administrative citation.
E. Payment Qf administrative penalties shall not excuse the failure of any responsible party to correct
the violation(s) nor shall it bar further enforcement action by the city.
F. The correction of a violation does not excuse the failure of a responsible party to pay any
outstanding administrative penalties.
1.10.110 Failure to pay administrative penalties and costs.
A. The failure of any person to pay an administrative penalty or late fee within the time specified on
the administrative citation or other notice without the filing of an appeal as provided in this
chapter will result in the assessment of an additional late fee. The amount of the late fee is 100%
of the total amount of the administrative penalty and will be assessed independent of whether
the violation has been corrected.
B. The failure of any person to pay an administrative penalty or late fee assessed within the time
specified on the administrative citation or other notice constitutes a debt to the city. The city may
file a civil action and/or pursue any other legal remedy to collect the debt.
1.10.115 Transfer of Ownership
It is unlawful for the owner of any real property or structure who has an outstanding notice of violation
or administrative citation to sell, transfer, mortgage, lease, or otherwise dispose of the real property
or structure to another until (1) the corrective action has been completed and all administrative
penalties, costs, and late fees have been paid, or (2) until the owner furnishes the grantee, transferee,
mortgagee, or lessee a true copy of any notice or administrative citation and furnishes an enforcement
officer a signed and notarized statement from the grantee, transferee, mortgagee, or lessee
acknowledging the receipt of the notice or administrative citation and either (a) fully accepting the
responsibility without condition for making the corrections or repairs required by the notice or
administrative citation, or (b) stating the grantee, transferee, mortgagee, or lessee intends to timely
challenge the notice or administrative citation. The transfer of ownership in violation of this section
shall not abrogate the transfer.
1.10.120 Appeal of notice or administrative citation.
A. A recipient of an administrative citation may contest the citation by completing all required
request for hearing forms and returning them to the code enforcement department or other
department specified on the administrative citation within 30 calendar days from the date the
administrative citation was issued, together with an advance deposit of the full amount of
administrative penalties or notice that a request for an advance deposit hardship waiver has been
filed pursuant to subsection E of this section. A recipient of a notice of violation for a public
nuisance under Chapter 6.16 of this code has 10 calendar days from the date of service of the
notice of violation to file an appeal in the same manner. If the deadline to appeal falls on a
weekend or city holiday, then the deadline is extended to the next regular business day.
B. Request for hearing forms may be obtained from the city's website, the code enforcement
department, or the department specified on the notice or administrative citation.
May 19, 2020 Item #7 Page 15 of 41
C. The person requesting the hearing shall be notified of the time and place set for the hearing at
least 10 calendar days prior to the date of the hearing.
D. If the enforcement officer submits an additional written report concerning the notice of violation
or 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 5 calendar days prior to
the date of the hearing.
E. Advance deposit hardship waiver.
1. A responsible party who intends to request a hearing to contest an administrative citation,
and who is financially unable to make the advance deposit of the full amount of any
administrative penalty, may file a request for an advance deposit hardship waiver, to be
considered by the finance department designee.
2. The advance deposit hardship waiver request shall be filed with the code enforcement
department or other department specified on the administrative citation within 10 calendar
days of the date the administrative citation was served. The waiver request shall be filed
using the advance deposit hardship waiver application form, which shall be available on the
city's website or from the code enforcement department.
3. The requirement of depositing the full amount of the administrative penalties 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 issue an advance deposit hardship waiver up to the
full amount of any administrative penalty only if the responsible party submits to the finance
department designee a sworn declaration, together with relevant supporting documents or
materials, demonstrating to the satisfaction of the finance department designee:
a. The responsible party has made a bona fide effort to comply with the code violated, and
b. Depositing the full amount of the required payment in advance of the hearing would result
in an undue financial burden.
5. If the finance department designee determines not to issue an advance deposit hardship
waiver, the responsible party shall remit the full amount of the administrative penalty to the
code enforcement department or other department specified on the administrative citation
within 10 calendar days of the date of the finance department designee's determination.
6. The finance department designee shall issue a written determination listing the reasons for
the determination to issue or not to issue the advance deposit hardship waiver. The written
determination of the finance department shall be final and non-appealable.
7. The written determination of the finance department designee shall be served upon the
person who applied for the advance deposit hardship waiver by regular U.S. mail or any other
method reasonably likely to reach the applicant, including electronic mail and facsimile.
Article Ill. Administrative Hearings
1.10.130 Administrative hearing procedures.
A. Administrative hearing procedures.
May 19, 2020 Item #7 Page 16 of 41
1. No hearing to contest an administrative citation before an administrative hearing officer shall
be scheduled unless the full amount of administrative penalties 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 not less than 15
calendar days and not more than 60 calendar days from the date the request for hearing is
filed and the city receives a deposit of the full amount of administrative penalties or an
advanced deposit hardship waiver is issued.
3. An appeal of a notice of violation for a public nuisance and any accompanying administrative
citation(s) may be consolidated and heard on the same date.
4. Notice of the administrative hearing shall be served on the appellant in the manner
prescribed by Section 1.10.040 of this chapter.
5. The failure of any person with an interest in the property, or other responsible party, to
receive a properly addressed notice of hearing, served pursuant to Section 1.10.040 of this
chapter, shall not affect the validity of any proceedings under this chapter.
6. The failure of any recipient of a notice of violation for public nuisance or an administrative
citation to appear at any scheduled hearing shall result in an adjudication of the notice or
administrative citation, a forfeiture of the administrative penalties, and a failure by the
recipient to exhaust administrative remedies.
7. At the hearing, the party contesting the administrative citation shall have an opportunity to
testify and to present evidence concerning the notice or administrative citation. Formal rules
of evidence shall not apply during an administrative hearing.
8. Any city-issued notices, administrative citations, and additional report(s) submitted by an
enforcement.officer shall constitute prim a facie evidence of the respective facts contained in
those documents.
9. The administrative hearing officer may continue the hearing and request additional
information from the enforcement officer, the recipient of the notice or administrative
citation, or the property owner prior to issuing a written decision.
10. Failure of a person to file an appeal in accordance with the provisions of this section shall
constitute a waiver of the person's rights to an administrative determination of the merits of
the notice or administrative citation and the amount of the any administrative penalties or
late fees. If no appeal is filed, the citation shall be deemed a final administrative order.
B. Administrative hearing officer's decision.
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 dismiss the notice of
violation for public nuisance and/or administrative citation and shall list in the decision the
reasons for the 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 administrative penalties or late fees assessed
by the citation.
3. The administrative hearing officer may also impose conditions and deadlines to correct the
violations or require payment of any outstanding penalties or late fees.
May 19, 2020 Item #7 Page 17 of 41
4. The administrative hearing officer may assess reasonable administrative costs incurred by
the city as defined in Section 1.10.010 of this chapter.
5. If the administrative hearing officer determines that the notice of violation and/or
administrative citation should be upheld, then the administrative penalty amount(s) on
deposit with the city shall be retained by the city.
6. If the administrative hearing officer determines the notice of violation and/or administrative
citation should be upheld and the administrative penalties have 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 administrative penalties and any costs imposed.
7. If the administrative hearing officer determines the notice of violation and/or administrative
citation should be dismissed and administrative penalties were deposited with the city, then
the city shall promptly refund the amount of the deposited penalties together with interest
at the average rate earned on the city's investment portfolio for the period of time the
penalties were held by the city.
8. The recipient of the notice of violation or administrative citation shall be served with a copy
of the administrative hearings officer's written decision by regular U.S. mail or any other
method reasonably likely to reach the recipient, including but not limited to, electronic mail
or facsimile.
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 penalties upheld by the administrative hearing officer.
C. Right to judicial review.
The recipient of the notice of violation or administrative citation may obtain judicial review of a
final administrative decision by filing an appeal under California Government Code Section
53069.4, subdivision (b). If no appeal of the final administrative decision is filed within the time
period set forth in California Government Code Section 53069.4, the final administrative decision
shall be deemed confirmed.
1.10.140 Additional rules and procedures for administrative hearing officers and administrative
hearings.
A. The city manager or designee shall establish rules and procedures under Section 1.10.020(B) as
are necessary to identify a pool of qualified persons capable of acting as administrative hearing
officers.
B. Administrative hearing officers presiding at administrative hearings shall be appointed and
compensated by the city. The city manager or designee shall develop policies and procedures
relating to the employment and compensation of administrative hearing officers.
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 established by the city manager or designee under Section 1.10.020(B).
May 19, 2020 Item #7 Page 18 of 41
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 the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney 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 19th
day of May 2020, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
May 19, 2020 Item #7 Page 19 of 41
Sections:
1.08.010
1.08.020
1.08.020
1.08.030
Chapter 1.08
PENALTIES¥
DesignatedOrdinance violations; penalties.
Enforcement by community and economic development director.
Authority of city employees to arrest.
Authority of police rangers to arrest.
1.08.01 O Designated.Ordinance violations; penalties
Exhibit 3
A VVhenever in Chapters 6.03, 8.16, 8.44, 8.48, 8.50, 8.90, 11.28 and 15.12, or as specified in Sections
1.13.040, 1.20.330(C), 1.20.330(0), 5.10.130, 6.04.130, 8.17.200(A)(1), 8.17.200(A)(2),
8.17.200(A)(3), 8.17.200(A)(4) and 17.04.070 of Except as otherwise provided in this code, a violation
of any provision of this code may be charged as an infraction.
B. A violation of any provision in Titles 8 or 11 of this code, or any other provision specifically stating a
violation is a misdemeanor, may be charged as an infraction or a misdemeanor at the discretion of
the city attorney.
C. Nothing contained in this code abrogates the city attorney's discretion to reduce any act is prohibited
or is made or declared to be unlawful or an offense, or the doing ofchargeable as a misdemeanor
under this chapter to an infraction if the city attorney determines the reduction serves the interest of
justice.
D. Aiding and Abetting. Whenever a provision of this code proh ibits any act or omission, the provision
also prohibits the causing, permitting, aiding, abetting, suffering, maintaining, or concealing of th·e act
or omission. Any person who causes, permits, aids, abets, suffers, maintains, or conceals the act or
omission is guilty of a violation of this code and subject to the punishment prescribed for the act or
omission.
E. Criminal Penalties.
1. Misdemeanor. Except as otherwise provided in this code, a violation of this code determined to
be a misdemeanor is required or the failure to do any act is declared to be unlawful or a
misdemeanor, the violation of any such provision is a misdemeanor and shall be punished
bypunishable by a fine not exceeding $1,000.00--Gf, imprisonment in county jail for a term not
exceeding six months, or both.
2. Infraction.
a. Except for a violation of a local building or safety code, a violation of this code determined
to be an infraction is punishable by both suchs! fine and imprisonment unless some other
fine or penalty is stated in said chapter or section.as provided for in California Government
Code Section 36900, subdivision (b). ·
B. Except as provided in subsection A of this section, whenever in this code or in any other ordinance of
the city any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any
act is required or the failure to do any act is declared to be unlawful or a misdemeanor, the violation
of any such provision of the city is, unless otherwise stated in this section, an infraction and shall be
punishable by:
1. A fine not exceeding $200.00 for the first violation;
2. A fine not exceeding $250.00 for a second violation of the same ordinance within one year;
3. The third and each additional violation of the same ordinance within one year is a misdemeanor
and shall be punished by a fine · not exceeding $1 ,000.00 or imprisonment for a term not
exceeding six months, or by both such fine and imprisonment;
May 19, 2020 Item #7 Page 20 of 41
4b. A violation of a local building or safety code determined to be an infraction is punishable by
a fine as provided for in California Government Code Section 36900, subdivision (c)
c. A person fined for an infraction under Californ ia Government Code Section 36900,
subdivisions (b)(2), (b)(3), (c)(2), or (c)(3), who meets the requirements of California
Government Code Section 36900, subdivision (d), may request a hardsh ip waiver under
that subdivision to reduce the amount of the fine.
~-In addition to tJ:\e§ monetary fiflesfine set forth aoove,in this subsection (E), both conditional
sentencing and probation are authorized as a-sentencing GptiGRoptions in accordance with
California Penal Code Section 1203, subdivision (a).
Go------F. Civil Penalties. Any provision of this code may be enforced by an injunction issued by the
Superior Court upon a civil suit brought by the city. As part of the civil action, the court may assess a
maximum civil penalty under Cal ifornia Government Code Section 36901 of $1,000 per violation for
each day the violator commits, continues, allows or maintains the violation.
G. Separate Violations. Each and every day during any portion of which af!Y§ violation of this code 9f
any other ordinance of the city is committed, continued_. or permitted shall bei.§_ a separate offense.
D. PaymentH. A conviction or payment of a fine SRattor penalty for any violation of this code does
not excuse or exempt compliance with all provisions of this code, including payment of any tax, fee_.
or other charge required by this code or any other city ordinance.
€1. Nothing contained in this section shall preclude the city from enforcing the provisions of this code 9f
any other ordinance through a-Ry-other available methods including but not limited to 3n administrative
citation under Chapter 1.10 and/or abatement of _§_public nuisancesnuisance under Chapter 6.16 of
this code.
F. Nothing contained in this code shall abrogate the city attorney's discretion to reduce to an infraction
any act made unlawful pursuant to this chapter, if the city attorney determines such a reduction is
warranted in the interestofjustice. (Ord. CS 323 § 3, 2017; Ord. CS 211 § 1, 2013; Ord. CS 153 § 7,
2011; Ord. CS 090 § 2, 2010; Ord. NS 861 § 1, 2007; Ord. NS 811 § 4, 2006; Ord. NS 394 § 1, 1997;
Ord. NS 70 § 1, 1989; Ord. 1296 § 1, 1987; Ord. 5071 § 2, 1986; Ord. 1278 § 2, 1985; Ord. 1274 §
1, 1984; Ord. 6068 § 1, 1983; Ord. 5064 § 1, 1983; Ord. 1252 § 1, 1982; Ord. 1236 § 1, 1980)
1.08.020 EnforGement by community and economic development director.Authority of city
employee to arrest.
A The city manager or designeea deputized city employee is authorized, pursuant to under California
Penal Code Section 836.5,-to arrest af!Y§ person, without a warrant, whenever sakithe employee has
reasonable cause to believe -that-the person to be arrested committed an infraction or~ misdemeanor,
offense in sakithe employee's presence, which that is a violation of Title 6, 10, 13, 15, 18, or 21;
Chapter 5.04, 5.24, 7.04 , 7.12, 10.52, 11.08, 11.12, 11 .16, or 11 .36; or Section 8.28.01 0, 8.28.030,
10.40.075, or 10.40.076 of this code, this code or any uncodified _g_j!y_building or zoning ordinance---e-f
the city.
B. The city manager may deputize af!Y§ city employee to exercise the power of arrest described in
subsection A of this section if the employee has completed an introductory course of training
prescribed by the Commission on Peace Officer Standards and Training pursuant to California Penal
Code Section 832. Nothing in this section authorizes af!Y§ deputized employee to carry a fi rearm.
(Ord. CS 164 § 14, 2011; Ord. CS 105 § 1, 2010; Ord. NS 625 § 12, 2002; Ord. NS 385 § 1, 1996;
Ord. NS 370 § 1, 1996; Ord. 197 § 1, 1992)
1.08.030 Authority of police rangers to arrest.
A A City of CarlsbadThe city manager or a deputized police ranger is authorized, pursuant to under
California Penal Code Section 836.5,-to arrest af!Y§ person, without a warrant, whenever a City of
Carlsbadthe police ranger has reasonable cause to believe -that-the person to be arrested has, in the
presence of the police ranger, committed a misdemeanor or infraction in the employee's presence
May 19, 2020 Item #7 Page 21 of 41
that is a violation of any provision of the Carlsbad Municipal Codethis code or the animal control
provisions of the San Diego County Code as adopted by Section 7.08.010(8) of the Carlsbad
Municipal Codethis code.
B. The city manager may deputize any City of CarlsbadQ police ranger to exercise the power of arrest
descri_bed in subsection A of this section if the police ranger has satisfactorily completed an
introductory cou rse of training prescribed by the Commission on Peace Officer Standards and Train ing
pursuant to California Penal Code Section 832. Nothing in this section authorizes aRya deputized
police ranger deputized pursuant to this section to carry a fi rearm. (Ord. CS 320 § 3, 2017)
May 19, 2020 Item #7 Page 22 of 41
Sections:
1.10.005
1.10.010
1.10.020
1.10.030
1.10.040
1.10.050
1.10.055
1.10.060
1.10.070
1.10.080
1.10.090
1.10.100
1.10.110
1.10.115
1.10.120
1.10.130
1.10.140
Chapter 1.10
ADMINISTRATIVE CODE ENFORCEMENT REMEDIES
Article I. General
Purpose and intent.
Definitions.
General enforcement authority.
Notice of violation.
Service of notices and citations.
Notice of pending administrative enforcement action.
Administrative costs.
Remedies not exclusive.
Article II. Administrative Citations
Administrative citations.
Administrative citation procedures.
Contents of administrative citation.
Administrative citation penalties assessed.
Failure to pay administrative citation penalties.
Transfer of ownership.
Appeal of administrative citation.
Article Ill. Administrative Hearings
Administrative enforcement hearing procedures.
AdministrativeAdditional rules and procedures for administrative hearing
offiGefofficers and administrative hearings.
Article I. General
1.10.005 Purpose and intent.
Exhibit 4
The council has determined that the enforcement of the municipalthis code and applicable state codes
throughout the city is an important public service and is vital to the protection of the public's health, safetyi
and quality of life. The council has determined that thereThere 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 thereThere is a
need to draft precise regulations that can be effectively applied in judicial and administrative proceedingsi
and further finds that there is a need to establish uniform procedures for--the administrative enforcement
hearings.
1.10.01 O Definitions.
The following definitions SRaU--apply in interpretation interpreting and enforcementenforcing of this chapter:
"Administrative code enforcement remedies" meafl-Sinclude administrative abatement, summary
abatement, civil penalties, notices of violation , administrative citations, recordation of notices of
violation and noticescertificates of noncompliance, and the withholding or revocation of permits as
contained in the municipalauthorized by this code.
"Administrative costs" means the ad ministrative citation fines assessed, allactual costs incurred by the city
from first discovery of the vi olationsa violation through the appeal process and until compliance is
achieved, including, but not limited to, staff time 4l--inspecting the-property, documenting violations,
sending notices, preparing and attendi ngand interviewing and responding to witnesses/complaining
parties; laboratory, photographic, printing and other expenses incurred to document or establish the
May 19, 2020 Item #7 Page 23 of 41
existence of a violation; scheduling and processing of any administrative hearing and related actions;
and time and resources necessary to prepare for and participate in any appeal hearing. The amount
of adm inistrative costs shall not exceed the actual cost incurred in performing inspections and
enforcement activity, including perm it fee s, fines, late charges, and interest.
"Administrative hearing officer" means any person appointed by the city manager, or designee, to preside
atover administrative hearings.
"Administrative penalty" means a monetary fine imposed by the city for acts or omissions determined to
violate this code.
"Enforcement officer" means any city employee or agent of the city with the authority to enforce any
provision of the municipalthis code.
"Municipal code" means the Carlsbad Municipal Code.
"Person" means ~§ natural person , firm, association , business, trust, organization , corporation,
partnership, company, or a-Ay-other entity, which is recognized by law as the subject of rights or duties.
"Responsible party" means ~§ person or persons in charge of #le§ premises or location, or #le§ person
or persons responsib le for -tAean event or incident, and shall includeincludes any of the following :
1. +RB6 person or persons who own theowns a property where the violations exist;a violation exists
2. The___.6 person or persons in charge of ti:leor exercising control over a premises where #le§
violation exists-;-
3. The___.6 person renting, leasing, or persons using -tAe§ premises when thewhere a vio lation
existsi
4. If ~a person is a minor under the age of those persons are minors1§_, the f}afBR-tparents or
guardians of St¼G-Athe minor{st shall be th e responsible party-;-
5. If #le§ pe rson or persons is a business entity, the manager or on-site supervisor where #le
violations exista violation exists shall be a responsible party.,.
1.10.020 General enforcement authority.
[L_For the purposes of this chapter, the city manager or designated enforcement officer shall have the
power to issue notices of violation and field citations, inspect public and private propertyi and use
whateverthe judicial and administrative remedies ara-available under the municipalthis code,_ and
state law.
B. The city manager or a designee may establish rules and procedures necessary to implement the
provisions of this chapter, subject to approval by the city council.
1.10.030 Notice of violation.
Whenever an enforcement officer determines #lat-a violation of the municipalthis code exists, the
enforcement officer may issue a notice of violation to aany responsible party. The notice of violation shall
include the following information:
A. The name of the record owner of record of the property-;-
B. Street address-;-
C. The municipal code sections in violation;section(s) violated
D. A description of how the property's condition violates the applicable municipal code section-;-.(fil
E. A -HStdescription of necessary corrections to bring the property into compliance-;-
F. A reasonab le deadline or specific date to correct the violations listed in the notice of violation-;-
GG. If the notice of violation is issued for a public nuisance under Chapter 6.16 of this code, an advisement
that the responsible party has 10 calendar days from the date of service of the notice of violation to
file an appeal
May 19, 2020 Item #7 Page 24 of 41
.!:!. A reference to the potential consequences should the property remain in violation after the expiration
of the compliance deadlinei including, but not limited to: criminal prosecution, civil injunction,
administrative abatement, administrative citations, revocation and withholding of permits, recordation
of the notice of violation, and recordation of certificates of noncompliance and withholding of future
municipal permits.
1.10.040 Service of notices. and citations.
A Except for an initial notice of violation, whenever a notice or administrative citation is required to be
given under the municipalthis code for enforcement purposes, the notice or administrative citation
shall be served on a responsible party by any of the following methods unless different provisions are
otherwise specifically stated to apply:
1. Personal service; or
2. Posting the notice or administrative citation conspicuously on or in front of the property that is
the subject of the violation and subsequently mailing a copy to a responsible party in the manner
described in paragraph (3) of this subsection. The form of the posted notice or administrative
citation shall be approved by the city attorney or designee; or
~-Certified mail, postage prepaid, return receipt requested. Simultaneously to the property address
and any other mailing address(es) on file with the county tax collector and the county assessor.
The city may, but is not requ ired to, provide this form of notice to any other known address for a
responsible party.
a. Simultaneous to service by certified mail, the same notice mayor administrative citation
may also be sent by regular mail-,-to the property address(es) on file with the county tax collector
and the county assessor.
_b._lf a notice that-isor administrative citation sent by certified mail is returned unsigned, then
service shall be deemed effective pursuant to .§DY_regular mail, provided mailing. However, if the
notice that wasnotices or administrative citations sent by both regular mail +&-RGt-and certified
mail are returned~. the notices or administrative citations must be served pursuant to
paragraph (1) or (2) of this subsection.
3. Posting the notice conspicuously on or in front of the property. The form of the post notice shall
be approved by the city manager, or designee.
Bg. Service by certified or regular mail in the manner described above shall be in this
subsection is effective on the date of mailing.
G~. The failure of any person with an interest in the property a responsible party to receive any notice or
administrative citation served in accordance with this sectionchapter shall not affect the va lidity of any
proceedings taken under this code.
G.Q. The notice requirements in this section do not apply to initial notices of violation, which may be sent
by regular mail7 to the property address(es) on file with the county tax collector and the county
assessor. Service of a notice of violation by regu lar mail is effective on the date of mailing.
D. If a responsible party is not an individual, the enforcement officer shall attempt to identify the property
owner and issue the property owner the notice or administrative citation. If the enforcement officer
can only identify the manager or onsite supervisor of the property, the notice or administrative citation
may be issued in the name of the property owner and served upon the manager or onsite supervisor
in the manner provided in this chapter. A copy of the ·notice or administrative citation shall also be
mailed to the property owner in the manner prescribed by this section.
E. If the property that is the subject of a violation is owned by a corporation, notices and administrative
citations may be served by certified mail to the registered agent for the corporation.
May 19, 2020 Item #7 Page 25 of 41
1.10.050 Notice of pending administrative enforcement action.
A. For purposes of this chapter the enforcement officer may feGGFGhave a notice recorded with the county
recorder's office a notice 3gainst a property, which that is the subject of a-Ra pending administrative
enforcement action pending with the city.
B. AThe notice of the pending administrationadministrative enforcement action shall be on a form
approved by the city managerattorney or designee and shall describe the nature of the administrative
enforcement action and refer toreference the municipal code governing code section(s).
C. Upon final resolution of the pending administrative enforcement action.,-, the enforcement officer shall
have a certificate of compliance or notice of release filed with the county recorder's office releasing
the property from the notice of pending administrative enforcement action.
1.10.055 Administrative costs.
A.. In addition to the assessment of any administrative penalties, the enforcement officer is authorized to
assess administrative costs against a responsible party, as provided for in California Government
Code Section 54988.
B. The city shall provide a responsible party and the property owner with written notice of assessment of
administrative costs on a form approved by the city attorney or designee, which shall include:
1. The basis for the administrative costs
2. The code section(s) of the underlying administrative enforcement action
3. · A statement that the property owner has 45 days after such notice is issued to pay the
administrative costs, after which time the property may be subject to a proposed lien
4. A statement that the property owner has an opportunity to appear before the planning
comm ission and be heard regarding whether the proposed lien should become a lien and the
lien amount
C. The notice of assessment of administrative costs shall be mailed using the service by mail procedures
in Section 1.10.040.
D. If the property owner elects to appear before the planning commission and be heard regarding
whether the proposed lien should become a lien and the lien amount, the planning commission shall
conduct a hearing. Written notice of the hearing shall be provided to the property owner at least 10
days in advance of the hearing. After the hearing, the planning commission shall make a written
recommendation to the city council. The recommendatio n shall include factual findings based on the
evidence introduced at the hearing.
E. The city council may adopt the planning commission's recommendation or direct the matter be set for
a new hearing before the city council. Written notice of the new hearing shall be provided to the
property owner at least 10 days in advance of the hearing.
F. If the city council determines that the proposed lien shall become a lien, the city council may have a
notice of lien recorded with the county recorder. The lien shall attach upon recordation and shall have
the same force, pri ority, and effect as a judgment lien, not a tax lien. The notice of lien shall include
the record owner or possessor of the property, the last known address of the record owner or
possessor, the date upon wh ich the lien was created against the property, and a description of the
rea l property subject to the lien an d the amount of the lien .
G. All administrative costs assessed are cumulative. If a responsible party fails to correct the violation(s),
or has the same, similar, repeated, or continuing violation(s), subsequent administrative costs may be
assessed.
H Payment of administrative costs does not excuse the failure of a responsible party to correct the
violations(s) and does not bar further enforcement action by the city.
I. The correction of a violation does not excuse the failure of a responsible party to pay any outstanding
administrative costs. ·
May 19, 2020 Item #7 Page 26 of 41
1.10.060 Remed ies not exclusive.
The procedures established in this chapter shall be in addition to criminal, civil or other legal and equitable
remedies established by law which may be pursued to address violations of this municipal code or
applicable state codesi and the use of this chapter shall be at the sole discretion of the city.
Article II. Administrative Citations
1.10.070 Administrative citations.
A. For purposes of this chapter any _6_person violating a-A'f§. provision of the municipalthis code may be
issued an administrative citation by an enforcement officer as provided for in this chapter.
B. A continuing violation of the municipalthis code constitutes a separate and distinct violation each and
every day that saidthe violation exists.
C. A citation penaltyC. Administrative penalties shall be assessed by means of an administrative
citation issued by tJ:i.ean enforcement officer and shall be payable directly to the city.
D. Penalties assessed by means of an administrative citation 0. Administrative pena lti es 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 and serve an
administrative citation to a responsible party in the manner prescribed in this chapter. The
administrative citation shall be issued on a form prescribedapproved by the city attorney or designee.
B. ,A.ny party8 responsible for a violation of th is code2.§.!!y shall be provided a notice of violation prior to
the issuance of an administrative citation. A notice, except in the event of certain violations related to
the illegal cu ltivation of violation is not required before issuance of a second or any subsequent
administrative citation for a continuing or repeated violation.cannabis, as governed by California
Government Code Section 53069.4(a)(2)(B).
C. A second or subsequent notice of violation does not need to be issued to the same ~responsible
party prior to the issuance of an administrative citation if a notice of violation for the same---GFi similari
repeated, or continuing violation has beenwas previously 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 O'Nner
and issue the owner an administrative citation. If the enforcement officer can only locate the manager
or onsite supervisor, the administrative citation may be issued in the name of the entity and given to
said manager or onsite 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 is served by pe rsonal service,,
F. Once the responsible party is located, the enforcement officer shall attempt to obtain the signature of
that person onthe respon sible party to whom the administrative citation is being issued. 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 §__IJ_V__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
1.1 0.040 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 chapter.
May 19, 2020 Item #7 Page 27 of 41
I. 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 admin istrative citation.
A TheAn administrative citation shall refer to~
A. Document the date and location of the violationsviolation(s) and-, if applicable, the approximate time,
if applicable, that the violationsviolation(s) were observed7~
B. The administrative citation shall refer toDocument the municipal code sectionssection(s) violated and
describe how the sections have been section(s) were violated7~
C. The administrative citation shall describeDescribe the action required to correct the
violations. violation( s);
D. The administrative citation shall requireRequire the responsible party to immediately correct the
violations and shall violation(s) by a rea sonable compliance date to be provided by the enforcement
officer and explain the consequences of failure to correct the violations.violation(s);
E. If E. Thea violation is continuing in nature, demand the responsible party cease and desist from
further action causing the violation(s) and commence and complete all action to correct the
outstanding violation(s);
F. State the amount of the administrative citation shall state the amount of penalty imposed for the
violations. violation( s );
F. The administrative citation shall explainG. Explain how the admin istrative penalty shall be pai d-aR-di
the time period by wh ich it shall be paid, and the consequences of the failure to timely pay tl:ie-lt
H. Indicate the responsible party has 30 calendar days from the date of issuance of the administrative
citation to appeal the citation, includ ing any administrative penalty7 imposed;
G. The administrative citation shall identify all appeal rights.
H. The administrative citation shall contain!. Contain the sig nature of the issuing enforcement officer
and the signature of the responsible party, if the responsible party can be locatedwas personally
served and signed the administrative citation, as outlinedprovided in Section 1.10.080. this chapter;
and
J. Contain a reference to the potential consequences should the property remain in violation after the
expiration of the compliance deadline, including criminal prosecution, civil injunction, administrative
abatement, additional administrative citations, revocation and withholding of permits, recordation of
notices of violation, and recordation of certificates of noncompliance.
1.10.100 Administrative citation penalties assessed.
A. The amount of administrative penalty amount shall be assessed at a rateshall be as adopted by
resolution of the city council.authorized in California Government Code Sections 36900, subdivisions
(b)-(d), and 53069.4, subdivision (a){1 ).
B. All administrative penalties assessed shall be payable to the city within 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 1.10.140 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 no violation as charged in the
administrative citation.
D. Payment of the penalty shall not excuse the failure to correct the violations nor shall it bar further
enforcement action by the city.
IE. If theare cumulative. If a responsible party fails to correct the violation,ffili or has the same-GFi similari
repeated, or continuing violation i.vithin a one year period,fil subsequent administrative
May 19, 2020 Item #7 Page 28 of 41
citationspenalties may be issued . The amount of the penalty shall increase at a rate specified by
resolution of the city council.
C. All administrative penalties assessed shall be payable to the city within 30 calendar days from the
date of the administrative citation.
D. Al l adm inistrative penalties paid under this section shall be refunded if it is determined, after a hearing,
the person charged in the administrative citation was not responsible for the violation(s) or there were
no violatio n(s) as charged in the administrative citation .
E. Payment of administrative penalties shall not excuse the failure of any responsible party to correct the
violation(s) nor shall it bar further enforcement action by the city.
F. The correction of a violation does not excuse the failure of a responsible party to pay any outstanding
administrative penalties.
1.10.110 Failure to pay administrative citation penalties and costs.
A. The failu re of any person to pay aan administrative penalty assessed by administrative citation or late
fee within the time specified on the administrative citation, or other notice without the filing of an appeal
as provided in Section 1.10.120, shall this chapter will 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 and
will be assessed independent of whether the violation has been corrected.
B. The fai lure of any person to pay a-an administrative penalty or late fee assessed by administrative
citation within the time specified on the admin istrative citation or other notice constitutes a debt to the
city. To enforce that debt, the The city may file a civil action, improve a special assessment as set
forth below, and/or pursue any other legal remedy to collect such moneythe debt.
C. 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
sha ll 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 la1.v.
1.10.115 Transfer of Ownership
It is unlawful for the owner of any real property or structure who has an outstanding notice of violation or
administrative citation to sell, transfer, mortgage, lease, or otherwise dispose of the real property or
structure to another until (1) the corrective action has been completed and all administrative penalties,
costs, and late fees have been paid, or (2) until the owner furnishes the grantee, transferee, mortgagee, or
lessee a true copy of any notice or administrative citatio n and furnishes an enforcement officer a signed
and notarized statement from the grantee, transferee, mortgagee, or lessee acknowledging the receipt of
the notice or administrative citation and either (a) fully accepting the responsibility without condition for
making the co rrections or repairs requ ired by the notice or administrative citation . or (b) stating the grantee,
transferee, mortgagee, or lessee intends to timely challenge the notice or administrative citation. The
transfer of ownership in violation of this section shall not abrogate the transfer.
1.10.120 Appeal of notice or administrative citation.
A. Any6_ recipient of an administrative citation may contest the citation by completing aall required
request for hearing .fe.!:mforms and returning -itthem to the Gitycode enforcement department or other
May 19, 2020 Item #7 Page 29 of 41
department specified on the administrative citation within 30 calendar days from the date ef--the
administrative citation was issued, together with an advance deposit of the fiflefull amount of
administrative penalties or notice that a request for an advance deposit hardship waiver has been
filed pursuant to subsection E of this section. If the deadlineA recipient of a notice of violation for a
public nuisance under Chapter 6.1 6 of this code has 10 calendar days from the date of service of the
notice of vi olation to file an appeal in the same manner. If the deadline to appeal falls on a weekend
or city holiday, then the deadline shall be!§ extended oo-illto the next regular business day.
B. A requestRequest for hearing fefmforms may be obtained from the city financecity's website, the code
enforcement department (the "finance department")i or the department specified on the notice or
administrative citation.
C. The person requesting the hearing shall be notified of the time and place set for the hearing at least
10 calendar days prior to the date of the hearing.
D. If the enforcement officer submits an additional written report concerning the notice of violation or
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 fi-ve5 calendar days prior to the date
of the hearing.
E. Advance Deposit Hardship VVaiverdeposit hardship waiver.
1. Any person A responsible party who intends to request a hearing to contest that there i.vas a
violation of the code or that he or she is the responsible party an administrative citation, and who
is financially unable to make the advance deposit of the fine as requiredfull amount of any
administrative penalty, may file a request for an advance deposit hardship waiver, to be
considered by the finance department designee.
2. The ad vance deposit hardship waiver request shall be filed with the finance department on an
code enforcement department or other department specified on the administrative citation within
10 calendar days of the date the administrative citation was served. The waiver request shall be
filed using the advance deposit hardship waiver application form , which shall be available on the
city's website or from the financecode enforcement department, within 10 days of the date of the
administrative citation.
3. The requirement of depositing the full amount of the fine as requiredadministrative penalties
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 'Naive the requirement of issue an advance deposit afl€i
issue the advance deposit hardship waiver up to the full amount of any administrative penalty
only if the GiteGresponsible party submits to the finance department designee a sworn
affidavitdeclaration, together with af1-Yrelevant supporti ng documents or materials,
demonstrating to the satisfaction of the finance department the person's actual financial inability
to depositdesignee:
a. The responsible party has made a bona fide effort to comply with the Gitycode violated, and
b. Depositing the full amount of the fiflerequired payment in advance of the hearing~ would result
in an undue financial burden.
5. If the finance department designee determines not to issue an advance deposit hardship waiver,
the peFSORresponsible party shall remit the deposit to the cityfull amount of the administrative
penalty to the code enforcement department or other department specified on the administrative
citation within 10 calendar days of the date of that decision or 30 days from the date of the
administrative citation, whichever is later.
6. The finance department designee's determination.
6. The finance department designee shall issue a written determination listing the reasons for the
determination to issue or not_JQ issue the advance deposit hardship waiver. The written
determination of the finance department shall be final and non-appealable.
May 19, 2020 Item #7 Page 30 of 41
7. The written determination of the finance department designee shall be served upon the person
who applied for the advance deposit hardship waiver by regular U.S. mail or any other method
reasonably likely to reach the applicant. including electronic mail and facsimile.
Article Ill. Administrative Hearings
1.10.130 Administrative enforcement hearing procedures.
A. Hearing ProcedureAdministrative hearing procedures.
1. No hearing to contest an administrative citation before an administrative hearing officer shall be
-1:le!Gscheduled unless the fine hasfull amount of administrative penalties 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 tAat-i-s--not less than 15
calendar days and not more than 60 calendar days from the date that-the request for hearing is
filed and the city receives a deposit of the full amount of administrative penalties or an advanced
deposit hardship waiver is issued.
~3. An appeal of a notice of violation for a public nuisance and any accompanying administrative
citation(s) may be consolidated and heard on the same date.
1-Notice of the administrative enforcement hearing shall be mailed toserved on the appealing
-pe-rsooappellant in the manner prescribed by Section 1.10.040 of this chapter.
4§. The failure of any person with an interest in the property, or other responsible party, to receive
SYGA..E. properly addressed notice of the-hearing, served pursuant to Section 1.10.040 of this
chapter, shall not affect the validity of any proceedings under this chapter.
a§. The failure of any recipient of a notice of violation for public nuisance or an administrative citation
to appear at the-any scheduled hearing shall constituteresult in an adjudication of the notice or
administrative citation, a forfeiture of the .f.i.Aeadministrative penalties, and a failure by the
recipient to exhaust #leH:--administrative remedies.
el. At the hearing, the party contesting the administrative citation shall be given thehave an
opportunity to testify and to present evidence concerning the notice or administrative citation~
Formal rules of evidence shall not apply during an administrative hearing.
7. The8. Any city-issued notices, administrative citationcitations, and-3-RY additional report_(fil
submitted by #lean enforcement officer shall constitute prima facie evidence of the respective
facts contained in those documents.
g_~. The administrative hearing officer may continue the hearing and request additional information
from the enforcement officer--GF~ the recipient of the notice or administrative citation, or the
property owner prior to issuing a written decision.
910. Failure of 3fl-Y§ person to file an appeal in accordance with the provisions of this section shall
constitute a waiver of tAatthe person's rights to §!!_administrative determination of the merits of
the notice or administrative citation and the amount of the penalty.any administrative penalties
or late fees. If no appeal is filed, the citation shall be deemed a final administrative order.
B. Hearing Officer's DecisionAdministrative hearing officer's decision.
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 thedismiss the notice of violation
for public nuisance and/or administrative citation and shall list in the decision the reasons for
tAatthe 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 administrative penalties or late fees assessed by the
citation.
May 19, 2020 Item #7 Page 31 of 41
3. The administrative hearing officer may also impose conditions and deadlines to correct the
violations or require payment of any outstanding penalties or late fees.
4. The administrative hearing officer may assess reasonable administrative costs incurred by the
city as describeddefined in Section 1.10. 0107 of this chapter.
5. If the administrative hearing officer determines that the notice of violation and/or administrative
citation should be upheld, then the fiReadministrative penalty amount{fil on deposit with the city
shall be retained by the city.
6. If the administrative heari ng officer determines that thethe notice of violation and/or
administrative citation should be upheld and the fine has3dministrative penalties have not been
deposited pursuant to an advance deposit hardship waiver, the administrative heari ng officer
shall set forth in the decision a payment schedule for the fiReadministrative penalties and any
costs imposed.
7. If the administrative hearing officer determines that thethe notice of violation and/or
administrative citation should be canceled and the fine wasdismissed and administrative
penalties were deposited with the city, then the city shall promptly refund the amount of the
deposited fi.Ae,penalties together with interest at the average rate earned on the city's investment
portfolio for the period of time that-the fine amount waspenalties were held by the city.
8. The recipient of the notice of violation or administrative citation shall be served with a copy of
the administrative hearings officer's written decision by regular U.S. mail or any other method
reasonably likely to reach the recipient, including but not limited to, electronic mail or facsimile.
9. The employment, performance evaluation, compensation and benefits of the administrative
hearing officer shall not be di rectly or indirectly conditioned upon the amount of the administrative
citation fiRespenalties upheld by the administrative hearing officer.
C. Right to Judicial Reviev,.
1. After receipt of the hearing officer's decision, the respondent may file an appeal with the municipal
court for de novojudicial 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, along with the applicable filing f.ee. 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.
The recipient of the notice of violation or administrative citation may obtain judicial review of a final
administrative decision by filing an appeal under California Government Code Section 53069.4,
subdivision (b). If no appeal of the final administrative decision is fi led within the time period set forth
in California Government Code Section 53069.4, the final administrative decision shall be deemed
confirmed.
1.10.140 Administrative hearing officer.
A , ,. The city manager, or designee, shall promulgateAdditional rules and procedures for
administrative hearing officers and administrative hearings.
A . The city manager or designee shall establish rules and procedures under Section 1.10.020(B) as are
necessary to establish identify a pool of qualified persons who are capable of acting on behalf of the
Gi-ty-as administrative hearing officers.
May 19, 2020 Item #7 Page 32 of 41
B. Administrative hearing officers presiding at administrative hearings shall be appointed and
compensated by the city manager, or designee.~ The city manager, or designee shall develop policies
and procedures relating to the employment and compensation of administrative hearing officers.
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
promulgatedestablished by the city manager, or designee~ under Section 1.10.020(8).
May 19, 2020 Item #7 Page 33 of 41
Marissa Kawecki
Deputy City Attorney
May 19, 2020
Amendments to
Carlsbad Municipal Code
Chapters 1.08 and 1.10
May 19, 2020 Item #7 Page 34 of 41
Recommendation
•Introduce an ordinance amending Carlsbad Municipal Code Chapter 1.08, Penalties
•Introduce an ordinance amending Carlsbad Municipal Code Chapter and 1.10, Administrative Code Enforcement Remedies
May 19, 2020 Item #7 Page 35 of 41
Background
•Proposed amendments are part of city
council’s comprehensive review and update of
Carlsbad Municipal Code
•Staff and council-appointed subcommittee has
reviewed and approved the proposed changes
May 19, 2020 Item #7 Page 36 of 41
CMC Ch. 1.08, Penalties
•Re-designates some authority to charge specified code violations as infractions or misdemeanors
•Establishes aiding/abetting liability
•Penalties track state law ($100, $200, $500)
•Provides civil penalties for violations of CMC
•Clarifies that conviction or payment of a fine does not exempt compliance with the code
May 19, 2020 Item #7 Page 37 of 41
CMC Ch. 1.10, Administrative Code
Enforcement Remedies
•Allows for city manager rulemaking, subject to
council approval
•Clarifies procedures for service of notices:
methodology and addresses of record
•Allows for assessment and collection of admin.
costs
May 19, 2020 Item #7 Page 38 of 41
CMC Ch. 1.10, Administrative Code
Enforcement Remedies
•Citations:
–Penalty amounts will track state law ($100, $200, $500)
–Continuing violations:
•May lead to cease and desist demand by city;
•Citations may resume with no additional notices needed
–No special assessments/liens solely for unpaid admin. citation
–Limitations on transfer of ownership if pending notice of violation or admin. citation against the property
May 19, 2020 Item #7 Page 39 of 41
CMC Ch. 1.10, Administrative Code
Enforcement Remedies
•Appeals:
–Provides a clearer process for the appeal of
admin. citations and filing hardship waivers
–Allows appeal to Planning Commission to
determine if a proposed lien for admin.
costs can become a lien
May 19, 2020 Item #7 Page 40 of 41
Conclusion
•Municipal subcommittee comments
•Introduce proposed ordinance amending Carlsbad Municipal Code Chapter 1.08, Penalties
•Introduce proposed ordinance amending Carlsbad Municipal Code Chapter 1.10, Administrative Code Enforcement Remedies
•Vote to adopt proposed ordinances at June 9 City Council meeting; to be effective 30 days thereafter
May 19, 2020 Item #7 Page 41 of 41