HomeMy WebLinkAbout2020-06-09; City Council; ; Amendments to Carlsbad Municipal Code Chapter 1.08, Penalties, and Chapter 1.10, Administrative Code Enforcement RemediesCA Review __MK____
Meeting Date: June 9, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Sheila Cobian, City Clerk Services Manager
sheila.cobian@carlsbadca.gov or 760‐434‐2917
Subject: Amendments to Carlsbad Municipal Code Chapter 1.08, Penalties, and
Chapter 1.10, Administrative Code Enforcement Remedies
Recommended Action
Adopt Ordinance No. CS‐374 amending Carlsbad Municipal Code Chapter 1.08, Penalties, and
Ordinance No. CS‐375, amending Carlsbad Municipal Code Chapter 1.10, Administrative Code
Enforcement Remedies.
Executive Summary /Discussion
Ordinance Nos. CS‐374 and CS‐375 were introduced and first read at the City Council meeting
held on May 19, 2020. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member
Bhat‐Patel, the City Council voted 4/0 to introduce the ordinances. The second reading allows
the City Council to adopt the ordinances, which will become effective thirty days after adoption.
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 have the ordinances, or a summary of the ordinances, published in a
newspaper of general circulation within fifteen days following adoption of the ordinance.
Environmental Evaluation (CEQA)
In keeping with 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 and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing
at least 72 hours prior to the meeting date.
Exhibits
1.Ordinance No. CS‐374
2.Ordinance No. CS‐375
June 9, 2020 Item #6 Page 1 of 17
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 to expand 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.
June 9, 2020 Item #6 Page 2 of 17
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
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 ofthe 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 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 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 ofthis code.
June 9, 2020 Item #6 Page 3 of 17
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 7.08.0l0(B) 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.
June 9, 2020 Item #6 Page 4 of 17
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 9th day of June 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
(SEAL)
June 9, 2020 Item #6 Page 5 of 17
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 to expand 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.
June 9, 2020 Item #6 Page 6 of 17
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
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 penalties assessed.
Failure to pay administrative penalties.
Transfer of ownership.
Appeal of administrative citation.
Article Ill. Administrative Hearings
Administrative hearing procedures.
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
June 9, 2020 Item #6 Page 7 of 17
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
June 9, 2020 Item #6 Page 8 of 17
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.
June 9, 2020 Item #6 Page 9 of 17
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) 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
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.
June 9, 2020 Item #6 Page 10 of 17
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 of the 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.
June 9, 2020 Item #6 Page 11 of 17
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.
June 9, 2020 Item #6 Page 12 of 17
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 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 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.
June 9, 2020 Item #6 Page 13 of 17
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 depqsit 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 ofthe 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.
June 9, 2020 Item #6 Page 14 of 17
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.
June 9, 2020 Item #6 Page 15 of 17
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(8) as
are necessary to identify a pool of qualified persons capable of acting as administrative hearing
officers.
8. 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(8).
June 9, 2020 Item #6 Page 16 of 17
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 9th day of June 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
APPROVED AS TO FORM AND LEGALITY:
,
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
(SEAL)
June 9, 2020 Item #6 Page 17 of 17