HomeMy WebLinkAbout2020-03-16 Ordinance 5491
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Ordinance No. 5491
Ordinance of the Council of the City of Palo Alto Amending Five Sections of
Chapter 1.12 (Administrative Compliance Orders) of the Palo Alto Municipal
Code.
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 1.12.030 (Administrative citation) of the Palo Alto Municipal Code is
hereby amended as follows (strikethrough text is deleted, underlined text is added):
1.12.030 Administrative citation.
(a) Whenever a code enforcement officer charged with the enforcement of any provision of this code
to which this chapter is applicable determines that a violation of such code provision has occurred, the
code enforcement officer shall have the authority to issue an administrative citation to any person
responsible for the violation.
(b) Each administrative citation shall contain the following information:
(1) The date of the violation;
(2) The address or a definite description of the location where the violation occurred;
(3) The section or sections of this code violated and an abbreviated description of the acts or
omissions constituting the violation;
(4) The amount of the penalty for the code violation;
(5) A description of the penalty payment process, including a description of the time within
which and the place to which the penalty shall be paid;
(6) A description of the administrative citation review process, including the time within
which the administrative citation may be contested and the place from which a request
for hearing form to contest the administrative citation may be obtained; and
(7) The name and signature of the citing code enforcement officer.
(c) Prior to the issuance of an administrative citation for a violation which pertains to building,
plumbing, electrical, or similar structural or zoning matters that do not create an immediate danger to
health or safety, the code enforcement officer shall provide a reasonable period of time not less than
five business days to correct or otherwise remedy the violation.
(d) An administrative citation and all other notices required by this chapter to be served subsequent
to service of a citation may be served either by personal delivery or by certified mail, postage prepaid,
return receipt requested, addressed to a location reasonably calculated to give notice to the responsible
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party, and shall be deemed effective on the date of personal delivery or when the certified mail is either
delivered or delivery is attempted.
If the certified mail receipt is returned unsigned, then service may instead be effected by regular first
class mail, postage prepaid, provided that the notice sent by regular mail is not returned by the postal
service as undeliverable, and shall be deemed effective on the date three days following deposit in the
mail.
Where a violation of code provisions concerning the condition of real property is involved, an
administrative citation or subsequent written notices authorized by this chapter may be served by
certified mail at the address as shown on the last equalized county assessment roll.
Where a violation of code provisions concerning the condition of real property is involved and
personal delivery or service by certified mail upon the property owner is unsuccessful, service may be
effected alternately or additionally by posting a copy of the order at a conspicuous location on the
property which is the subject of the order. Where service of any notice required under this chapter is
effected in compliance with the requirements of this section and with due process the asserted failure
of any person to receive the notice shall not affect the validity of any proceedings taken under this
chapter.
(e) If the director of administrative services determines not to issue an advance deposit hardship
waiver, the person shall remit the deposit to the city within ten days of the date of that decision in order
to secure the hearing.
(f) The director of administrative services shall issue a written determination listing the reasons for
determining to issue or not issue the advance deposit hardship waiver. The written determination of the
director of administrative services shall be final, subject only to judicial review as provided by law.
(g) The written determination of the director of administrative services shall be served upon the
person who applied for the advance deposit hardship waiver.
SECTION 2. Section 1.12.050 (Payment of administrative penalties) of the Palo Alto
Municipal Code is hereby amended as follows:
1.12.050 Payment of administrative penalties.
(a) The administrative penalty for an administrative citation shall be paid to the city through its
revenue collections official within thirty calendar days from the date the administrative citation is
served, except as otherwise provided in Section 1.12.060. If a hearing is requested pursuant to Section
1.12.060, the administrative penalty or portion thereof shall be deposited with the revenue collections
official or a notice shall be filed with the revenue collection official that an advance deposit hardship
waiver has been requested as required in Section 1.12.060 1.12.070.
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(b) Any administrative citation penalty shall be refunded in accordance with Section 1.12.100 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 by the person charged in the administrative citation.
(cb) Payment of an administrative penalty under this chapter shall not bar enforcement proceedings
for any continuation or repeated occurrence of any code violation that is the subject of an
administrative citation.
SECTION 3. Section 1.12.060 (Hearing request) of the Palo Alto Municipal Code is
hereby amended as follows:
1.12.060 Hearing request.
(a) Any recipient of an administrative citation may contest that there was a violation of the code or
that the contestant is responsible for the violation by completing a request for hearing form and
returning it to the revenue collection official within thirty calendar days from the date of service of the
administrative citation, together with either: (1) an advance deposit of the total amount of the
administrative penalty where the penalty for the administrative citation or series of related citations is
$250 or less, or a partial advance deposit of $250 where the penalty for the administrative citation or
series of citations is more than $250; or (2) notice that a request for an advance deposit hardship waiver
has been duly filed pursuant to Section 1.12.070.
(b) A request for hearing form may be obtained from the revenue collection official.
(c) The person requesting the hearing shall be notified of the time and place set for the hearing at
least ten days prior to the date of the hearing.
(d) If the code enforcement officer submits an additional written report concerning the
administrative citation to the hearing officer for consideration at the hearing, then a copy of this report
also shall be served on the person requesting the hearing at least five days prior to the date of the
hearing.
SECTION 4. Section 1.12.070 (Advance deposit hardship waiver) of the Palo Alto
Municipal Code is hereby amended as follows:
1.12.070 Advance deposit hardship waiver.
(a) Any person who intends to requests a hearing to contest an administrative citation and who
claims to be financially unable to make the advance deposit of the fine penalty as required in Section
1.12.060 may file a request for an advance deposit hardship waiver.
(b) The request shall be filed with the director of administrative services within thirty days following
the date of service of the administrative citation.
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(c) The requirement of depositing the full amount of the the full or partial administrative penalty (or
portion thereof as specified in Section 1.12.060) shall be stayed unless or until the director of
administrative services makes a determination not to issue the advance deposit hardship waiver.
(d) The director of administrative services may waive the requirement of an advance deposit and
issue the advance deposit hardship waiver only if the cited party submits to the director of
administrative services a sworn declaration, together with any supporting evidence demonstrating to
the satisfaction of the director of administrative services the person's actual financial inability to deposit
the full amount of the fine penalty (or portion thereof as specified in Section 1.12.060) in advance of the
hearing.
(e) If the director of administrative services determines not to issue an advance deposit hardship
waiver, the person shall remit the full or partial deposit (as specified in Section 1.12.060) to the city
within ten days of the date of that decision in order to secure the hearing.
(f) The director of administrative services shall issue a written determination listing the reasons for
determining to issue or not issue the advance deposit hardship waiver. The written determination of the
director of administrative services shall be final, subject only to judicial review as provided by law.
(g) The written determination of the director of administrative services shall be served upon the
person who applied for the advance deposit hardship waiver.
SECTION 5. Section 1.12.100 (Hearing officer’s decision) of the Palo Alto Municipal Code
is hereby amended as follows:
1.12.100 Hearing officer's decision.
(a) After considering all the testimony and evidence submitted at the hearing, the hearing officer shall
issue a written decision to uphold or cancel the administrative citation and the reasons for that decision.
The decision of the hearing officer shall be issued within thirty days following completion of the hearing.
The decision of the hearing officer shall be final upon service on the responsible party, subject only to
judicial review as allowed by law.
(b) The hearing officer shall consider any written or oral evidence submitted at the hearing consistent
with ascertainment of the facts regarding the violation and compliance with the order.
(c) Within a reasonable time following the conclusion of the hearingthe time specified in subsection
(a) of this Section 1.12.100, the hearing officer shall make findings and issue a decision regarding:
(1) The existence of the violation;
(2) The extent of compliance, if any with the order.
(d) The hearing officer shall issue written findings on each violation. The findings shall be supported
by evidence received at the hearing.
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(e) If the hearing officer determines from a preponderance of the evidence that the contestant
committed the violation charged in the administrative citation, then so much of the amount of the
administrative penalty on deposit with the city as is assessed by the hearing officer shall become final
(subject only to appellate remedies provided below) and shall become a debt to the city collectable
through the processes provided herein. If only a portion of the administrative penalty assessed by the
hearing officer was deposited prior to hearing, the balance shall be paid to the city through its revenue
collections official within thirty calendar days from the date the hearing officer’s written decision is
served on the responsible party. The hearing officer may alternatively set forth in the decision a
payment schedule for the administrative penalty as well as for payment of any administrative costs
assessed by the hearing officer.
(f) If the hearing officer determines that the administrative citation should be upheld and the
administrative penalty has not been deposited pursuant to an advance deposit hardship waiver, the
hearing officer shall set forth in the decision a payment schedule for the administrative penalty as well
as for payment of any administrative costs assessed by the hearing officer.
(g) If the hearing officer determines that the administrative citation should not be sustained, then the
hearing officer shall issue a decision canceling the administrative citation, and if the administrative
penalty or portion thereof was deposited with the city, then the city shall promptly refund the amount
of the deposited administrative penaltydeposited amount, together with interest at the average rate
earned on the city's portfolio for the period of time that the administrative penaltydeposited amount
was held by the city.
(h) The recipient of the administrative citation shall be served with a copy of the hearing officer's
written decision within ten calendar days following its issuance.
(i) The employment, performance evaluation, compensation, and benefits of the hearing officer shall
not be directly or indirectly conditioned upon the amount of administrative citation penalties upheld by
the hearing officer.
SECTION 6. Severability. If any provision, clause, sentence or paragraph of this
ordinance, or the application to any person or circumstances, shall be held invalid, such
invalidity shall not affect the other provisions of this ordinance which can be given effect
without the invalid provision or application and, to this end, the provisions of this ordinance are
hereby declared to be severable.
SECTION 7. CEQA. The City Council finds and determines that this Ordinance is not a
“project” within the meaning of section 15378 of the California Environmental Quality Act
(CEQA) Guidelines because it has no potential for resulting in physical change in the
environment, either directly or ultimately.
//
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SECTION 8. Effective Date. This ordinance shall be effective on the thirty-first date after
the date of its adoption.
INTRODUCED: March 2, 2020
PASSED: March 16, 2020
AYES: CORMACK, DUBOIS, FILSETH, FINE, KNISS, KOU, TANAKA
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
______________________________ ______________________________
City Clerk Mayor
APPROVED AS TO FORM:
______________________________ ______________________________
Deputy City Attorney or Designee City Manager
______________________________
Director of Administrative Services
Department
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Certificate Of Completion
Envelope Id: DFDFFA57F978441EB3A33195900C2284 Status: Completed
Subject: Please DocuSign: ORD 5491.pdf
Source Envelope:
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Certificate Pages: 2 Initials: 0 Kim Lunt
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250 Hamilton Ave
Palo Alto , CA 94301
kimberly.lunt@cityofpaloalto.org
IP Address: 199.33.32.254
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3/17/2020 11:36:11 AM
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Tim Shimizu
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Deputy City Attorney
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Kiely Nose
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Director, Administrative Services/CFO
City of Palo Alto
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Ed Shikada
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Ed Shikada, City Manager
City of Palo Alto
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Adrian Fine
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Beth Minor
Beth.Minor@CityofPaloAlto.org
City Clerk
City of Palo Alto
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