Loading...
HomeMy WebLinkAboutr10347amendingadminguidelines&processofamincitationch1.24slomunicode&amendingamtaminfinespayableundercertcitationsRESOLUTION NO . 10347 (2012 Series ) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDIN G ADMINISTRATIVE GUIDELINES IN CONNECTION WITH THE ISSUANCE AN D PROCESSING OF ADMINISTRATIVE CITATIONS PURSUANT TO CHAPTER 1 .2 4 OF THE SAN LUIS OBISPO MUNICIPAL CODE AND AMENDING THE AMOUN T OF ADMINISTRATIVE FINES PAYABLE UNDER CERTAIN CITATION S WHEREAS,on October 1, 2002, the City Council of the City of San Luis Obisp o adopted Ordinance No . 1426, which added new Chapter 1 .24 to Title One of the San Lui s Obispo Municipal Code, entitled "Administrative Code Enforcement Procedures", pertaining t o the issuance of administrative citations for San Luis Obispo Municipal Code violations ; an d WHEREAS,Chapter 1 .24 of the San Luis Obispo Municipal Code provides that the City Council shall by Resolution prepare and promulgate administrative guidelines consistent with th e goals and policies of Chapter 1 .24 which establishes, among other things, the requirements fo r the contents of a Notice of Administrative Citation and the requirements for proper service o f such a Notice ; and WHEREAS,on April 10, 2012, the City Council of the City of San Luis Obisp o introduced for first reading Ordinance No . 1576 (2012 Series) which amends Chapter 1 .24 of the San Luis Obispo Municipal Code an d WHEREAS,California Government Code Section 53069 .4 and San Luis Obisp o Municipal Code Chapter 1 .24 enables the City, acting as a charter city pursuant to Article XI , Sections 5 and 7 of the State Constitution, to impose and collect civil administrative fines i n conjunction with the abatement of Municipal Code violations ; an d WHEREAS,on September 17, 2002, the City Council adopted Resolution No . 9366 , effective October 1, 2002, establishing a Fine Schedule setting forth amounts of administrativ e fines to be imposed pursuant to Chapter 1 .24 of the San Luis Obispo Municipal Code, an d adopting Administrative Guidelines ; and WHEREAS,Resolution No . 9366 was subsequently amended by Resolution No . 9677 t o increase the fines for violations of Chapters 9 .12 and 9 .20 ; and WHEREAS,the City Council desires to amend the current Administrative Guidelines t o bring them into conformance with the amended Chapter 1 .24 and to lower the fine schedule fo r certain violations that do not present an immediate threat to the public health and safety . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Lui s Obispo as follows : SECTION 1 . Amendments to the Administrative Guidelines for Chapter 1 .24 of the City of San Luis Obispo Municipal Code dated April 10, 2012, attached hereto as Exhibit A, ar e hereby approved . R 10347 Resolution No . 1034 7 Page 2 SECTION 2 .The Fine Schedule established by the City Council on September 17, 200 2 by Resolution No . 9366, amended by Resolution No . 9677, for administrative citations issue d pursuant to Chapter 1 .24 of the San Luis Obispo Municipal Code is hereby amended as follows : A.For a first violation of the San Luis Obispo Municipal Code, Chapter 17 .17, excepting sections 17 .17 .075(B) and 17 .17 .075(I), the administrative fine shall be the sum of Fifty Dollar s ($50 .00) for each such violation . B.For the second violation of the same Code section occurring within twelve (12 ) months of the prior violation, the administrative fine shall be the sum of One Hundred Dollar s ($100 .00). C.For the third violation, or additional violations thereafter, of the same Code sectio n occurring within twelve (12) months of the first violation, the administrative fine shall be the sum of Two Hundred Dollars ($200 .00). SECTION 3 .This Resolution shall go into effect upon the final passage and effectiv e date of Ordinance No . 1576 amending Chapter 1 .24 entitled "Administrative Code Enforcemen t Procedures" to the San Luis Obispo Municipal Code . Upon motion of Council Member Smith, seconded by Council Member Ashbaugh and o n the following vote : AYES : Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpente r and Mayor Marx . NOES : None ABSENT : None The foregoing resolution was adopted this lo th day Of April 2012 . Sheryll Schroede r Interim City Clerk EXHIBIT A ADMINISTRATIVE CITATION GUIDELINE S (Updated April 2012 ) The following Guidelines have been compiled as the basic structure for implementatio n of the Administrative Citation Program (Chapter 1 .24 of the San Luis Obispo Municipal Code). Individual Departments and Divisions may vary slightly in their specific application of th e Citation Program so long as the application complies with Chapter 1 .24 . 1 . REQUESTS FOR INVESTIGATIO N All requests for investigation of a code enforcement matter are to be processed through a designated staff person . This staff person will create an enforcement case, and if appropriat e schedule a field investigation, and forward a field investigation report (FIR) form to th e appropriate supervisor/coordinator or staff. 2 . INVESTIGATION Upon receiving a field investigation report form, investigating staff when necessary ma y review Permit Plan, the City's Records File(s), and Archive Plans (as needed) in order to prepar e for their site investigation . Site investigations will be conducted with staff's safety as a hig h priority . If there is any indication of a possible hostile or confrontational environment on th e part of the property owner or other present party, City staff should consult with their superviso r and should not hesitate to request assistance from the Police Department for the purpose o f keeping the peace . Additionally, all investigations will be conducted pursuant to the requirement of law, an d in an efficient and courteous manner . Photographs/images will be obtained as needed based on the judgment of the investigators . Each field investigation report form will contain the following information : a.Date of investigation ; b.Name of investigator; c.Code sections violated ; d.Plain non-technical description of the violation ; e.Statement of remedy (what needs to be done); and f.Time frames for follow-up investigations and for final abatement . 3 . NOTICE OF VIOLATION AND/OR ADMINISTRATIVE CITATION PREPARATIO N Digital images/photos, when obtained, will be organized, numbered, and indexed as t o date, time and exact location and photographer . This will allow the City the proper foundationa l basis for using the photograph as evidence at a later time, if necessary . The identified violation s on the field investigation report form shall reference the appropriate image/photo numbers that depict the violation . The field investigation report form and the photos/images will be forwarded to the designated staff person who shall be responsible for preparing the Notice of Violatio n and/or Administrative Citation . Once these documents are prepared and reviewed,a final copy will be prepared for posting and/or mailing to the appropriate individual or property or busines s owner. 4 . SERVICE OF NOTICE OF VIOLATION AND/OR ADMINISTRATIVE CITATIO N The Notice of Violation and/or Administrative Citation and any amended Notice o f Violation and/or Administrative Citation, shall be served by the following method : a.Personal or Mailed Notice . Personal service or certified mail, postage prepaid , return receipt requested, to each owner as required pursuant to the provisions of Chapte r 1 .24 of the Municipal Code at the address as it appears on the last equalized assessmen t roll of the County or as otherwise known to staff . The address of the owner shown on th e assessment roll shall be conclusively deemed to be the proper address for the purpose o f mailing such notice . Simultaneously, a copy of the same notice shall be sent by first clas s (regular) mail to the same address . If a notice that is sent by certified mail is returne d unsigned, then servile shall be deemed effective pursuant to the regular mail, provide d the notice that was sent by regular mail is not returned . b.Failure to Receive Notice . The failure of the person with an ownership (title ) interest in the property to receive any notice served in accordance with these guideline s or Chapter 1 .24 of the Municipal Code shall not affect the validity of any proceeding s taken under this Code . If the address of the owner of record, after diligent search, canno t be found, the notice may be served by posting a copy thereof in a conspicuous place upo n the property for a period of ten (10) days . 5 . SERVING A NOTICE OF VIOLATION AND/OR ADMINISTRATIVE CITATIO N Clerical staff may be designated to process all certified mail requests while investigatio n staff will process all property posting requests themselves . Certified mail returned due to inaccurate addressing will have the mailing information confirmed and be mailed onc e more . Posting will be used in the event service by mail is unsuccessful . Posted notice s will be considered served 10 days after posting on the property in a conspicuous location . Proper posting shall consist of enclosing the Notice in some form of sealed plastic an d either securely taping it to the property or stapling or tacking the Notice to a stake and staking the property with the Notice . 6 . PROOF OF SERVIC E Proof of service of the Notice of Violation and/or Administrative Citation shall b e documented at the time of service by a declaration under penalty of perjury executed by the staff person effecting service, declaring the time and manner in which service was made and filed i n city records. 7 . CONTENTS OF NOTICE OF VIOLATIO N The Notice of Violation shall consist of the basic form, attached hereto as Attachment 1 , and should contain the following information : a.The correct full name of the owner or owners . b.The date on which an inspection established the Code violation . c.The Municipal Code section violated . d.The City address where the Code violation occurred . e.A narrative description of the violation established by the inspection stated i n plain, simple, non-technical language . Photographs of the violation ar e encouraged . f.A narrative which describes the remedies for the abatement of the identifie d violation . g.For a Notice to Correct, a statement (warning) advising the individual, property owner or business owner that if the described conditions are not abated within th e time frame specified, the City may proceed, as authorized by law, to assess an administrative fine as authorized by Chapter 1 .24 of the Municipal Code . h.A summary and statement of the procedures necessary to pay the administrative fine . i.For a Notice to Correct, a statement advising that any person having any titl e interest in the property may contest the Notice to Correct by submitting information on a form to be approved by the Director issuing the Notice t o Correct. The form must be received by the Director's Department within ten (10 ) days from the date of the Notice to Correct . The statement shall also includ e notice that failure to contest the Notice to Correct shall deem either the Buildin g Official or the Director's interpretation of any code as final . j For a Notice of Violation and/or Administrative Citation, a statement advising that any person having any title interest in the property may appeal the Administrative Citation to a Hearing Administrator . The statement shall als o include instructions has to how to request an appeal . k . A statement that the Code violation is a public nuisance and that collection o f unpaid administrative fines may, at the City's option, be enforced as a n assessment or lien against the real property . 1 . The signature of the staff person issuing the Notice of Violation and/o r Administrative Citation . m.The date the Notice of Violation and/or Administrative Citation is issued . n.Any other information deemed necessary by the City for due enforcement or fin e collection purposes . 8 . RECORDS AND RECORD KEEPING . All final City staff work documents (except those documents identified as "Confidential – Attorney/Client Communications") pertaining to the business of an enforcement case should b e immediately sent to the records division of the appropriate City Department for filing in th e street files . Incoming correspondence, reports, surveys, etc . should be immediately sent to the records division for filing in the street files . Enforcement staff may keep duplicates of thes e documents in their personal files if they wish . No original public records should be kept i n places other than the records division . 9 . FOLLOW-UP INVESTIGATIONS . Follow-up investigations may be scheduled by staff upon completion of the preparatio n of a Notice of Violation and/or Administrative Citation . Investigating staff will keep their cod e enforcement follow-up current . Follow-up investigations maybe scheduled as follows : a For violations which do not need permitting, at the end of the prescribed tim e frame ; b.At time of permit application ; and c.At time of permit issuance dates . 10 . CLOSING CASES . Enforcement cases will be closed once all applicable fines and fees have been paid in full , and the violation has been abated or a building permit has been finally inspected and approved for occupancy . 11 . APPEALS AND HEARINGS . A Notice to Correct and an Administrative Citation may be appealed in accordance wit h Sections 1 .24 .090 through 1 .24 .130 of the Municipal Code . 12 . PAYMENT OF ADMINISTRATIVE FINES . All fines may be paid in person at the Finance Department located at 990 Palm Street . Mailed payments are to be addressed to City of San Luis Obispo, Finance Department, 990 Pal m Street, San Luis Obispo, CA 93401-3249 .