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HomeMy WebLinkAbout2002-06-03 City Council (3)TO: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:JUNE 3, 2002 CMR:264:02 SUBJECT:.USE OF ORDINANCE PROVISIONS FOR ADMINISTRATIVE CITATIONS AND ADMINSTRATIVE COMPLIANCE ORDERS BY THE PUBLIC WORKS OPERATIONS DMSION This is an informational report and no Council action is required. BACKGROUND -In 1997, Council approved an ordinance adding Chapters 1.12 and 1.16 to the Palo Alto Municipal Code (PAMC), establishing procedures for the use of administrative citations and compliance orders to assess administrative penalties for violations of the PAMC. In May 1999, Council approved an ordinance amending Chapters 1.12 and 1..16 and a resolution setting a Schedule of administrative penalties for violation of various PAMC sections (CMR 236:99). The CMR described the internal procedures to be used by the Fire Department and the Inspection Services Division of the Planning Department~ in implementing the administrative citation and compliance order provisions. The Public Works EnvironmentalCompliance Division (CMR:307:00) and the Open Space Division have also implemented similar provisions (CMR 120:01). The Public Works Operation~ Division will be implementing the Chapters’ provisions in July 2002 and this report provides information on its procedures for using the administrative citation and complihnce order provisions to manage solid waste violations. DISCUSSION The Public Works Operations staff (PWO) oversees provisions of the PAMC Chapter 5.20 related to the collection, removal and dispo.sal of solid waste and recyclable ¯ materials. The most commonly encountered violations of Chapter 5.20 relate to maintenance issues with solid waste, containers and the placement of unauthorized debris boxes within the City limits. PWO is currently limited as to the actionsit can take in response to violations. This includes issuing violation notices and having the current City designated collector, the Palo Alto Sanitation Company (PASCO),. impound unauthorized debris boxes; and clean up spillage of refuse and then charge violators for the collection costs. The implementation of the administrative citations and the administrative compliance order provisions in Chapters 1.12 and 1.16 will be beneficial for routine violations and ’ CMR:264:02 Page 1 of 2 will allow PWO to take more strict actions against violators. It will also allow for more effective and efficient corrections of violations. ¯ The internal procedures to be used by PWO when issuing administrative citations or Compliance orders are provided in Attachment A. Samples of an administrative citation, an administrative compliance order, and the request for hearing form are also provided. It is anticipated that use of the administrative citations and compliance orders will be initiated in July 2002. ATTACHMENTS Attachment A: Administrative Citation and Administrative Compliance Order Procedures; Sample Administrative Citation, Sample Administrative Compliance Order, and Request for Hearing Form PREPARED BY:Michael Jackson, Deputy Director, Public Works ’.Paula Borge~~ve~ ~Assista~t’ Public Works DEPARTMENT HEAD: ~ ’ GLENN S. ROBERTS Director of Public Works CITY MANAGER APPROVAL: EMILY HARRISON Assistant City Manager CMR:264:02 Page 2 of 2 City of Palo Alto Public Works Operations Solid Waste Code Enforcement ATTACHMENT A-1 Solid Waste Code Enforcement Policy To use administrative penalties to correct violations of Chapter 5.20 of the Palo Alto Municipal Code (PAMC) pertaining to the collection, removal, and disposal of solid waste. The issuance of administrative citations and administrative compliance orders for.Chapter 5.20 is authorized under PAMC Chapters 1.12 and 1.16. Enforcement tools available to staff include the following: Administrative Citation (PAMC Section 1.12.030) Compliance Order (PAMC Section 1.16.030) Notice of violation (PAMC Section 5.20.050) Penalty for violation (PAMC Section 5.20.290) Sections 5.20.030 5.20.040 5.20.050 5.20.080 5.20.130 5.20.160 5.20.180 5.20.190 5.20.220 5.20.230 of Chapter 5.20 with established administrative penalties: -Discarding solid waste ($100) Accumulation of garbage ($250) -Unauthorized bins, boxes, and containers ($250) -Number of containers required ($250) - Maintenance of bins and boxes ($250) - Spillage or leakage of solid waste ($250) - No accumulation of solid waste ($250) No burning, burial, or dumping of solid waste ($250) -Scavenging prohibited ($100) -No trespassing in City Landfill ($250) Verifying complaints The Public Works Operations (PWO) staff receives information about violations through notifications by other City departments, the Palo .Alto. Sanitation Company (PASCO), and citizen complaints. Upon receiving a complaint the first time, an inspection is conducted to confirm the violation, to collect information and evidence (where appropriate), and to determine the responsible party. PWO staff must be sure the complaint is a violation that is enforceable by PWO division. Proper and complete documentation is required on all cases. Determining the correct action PWO staff has discretion in determining which enforcement ’tool to use. However, consistency in the enforcement practices is essential. First time offenders of minor violations may be given a written violation warning. The notice will include a specific, administrative penalty that may be assessed if the violation is not Page 1 of 4 corrected in the specified time. Follow up will be required to verify compliance. Violations that are not corrected within the specified time on the notice may require the issuance of an administrative citation or a compliance order. ’Administrative Citation Procedures When a violation to the PAMC Chapter 5.20 occurs, an administrative citation (Attachment A-l) may be issued. The administrative citation will include: ¯The date of the violation ¯Address or description of the location where the violation occurred ¯The section(s) of the PAMC violated and a brief description of the violation ¯The penalty amount ¯A description of the penalty paymentprocess ¯A description of the administrative citation review process (to contest the administrative citation ) ¯The name and signature of the PWO staffand of the violator Administrative citations will be used for violations such as repeated maintenance -issues (such as the Overflow of trash from a container or on the ground). If compliance is not met after the first citation, a second citation is issued. For continuing violators, a citation may be issued every day thereafter until the violation is corrected, or a compliance order may be issued. Each citation issued for the same violation within a three-year period will result in a 50 percent increase of the fine for each violation occurrence. Payment A copy of the citation should be delivered to the Revenue Collections Office at the Civic Center by the PWO Solid Waste Manager or his/her designee. The Revenue Collection Office will notify the. PWO .staff regarding administrative citation .payments. The notification will be delivered by e-mail on the same day on which payment is received. If payment is not received, by the date specified on the administrative citation, the PWO staff will request the Accounting Division to invoice the responsible party. Within 7 days of receiving the PWO staff request, the Accounting Division will issue an invoice for the amount of the fine, plus a ten percent penalty. The invoice will state that payment is due within fourteen calendar days of the invoice date and that unpaid invoices as of the first of the month following the fourteen calendar day period will accrue an additional ten percent penalty. If payment is not received by the first of the month following the fourteen calendar day period, the Accounting Division will issue a new invoice for an additional ten percent penalty on the original penalty amount. The Accounting Division will also issue a statement showing the original citation amount, each accrued penalty, and the total amount due. The new invoice and statement will indicate that the payment is due immediately and that unpaid invoices as of the first day of the following month will accrue an additional ten percent penalty. Page 2 of 4 Thereafter, an additional ten percent penalty on the original fine amount will be due on the first day of each month that the citation remains outstanding. Appeals The recipient of a citation may contest by following the procedures established in PANIC Chapter 1112. The recipient of the citation may appeal the citation by submitting a completed Request for Hearing Form (Attachment A-4) to the Revenue Collection Office and posting the full amount of the administrative citation fine within thirty days from the date of citation. ,(In certain hardship cases, the City may waivethe posting of the administrative citation fine when scheduling an appeal hearing. City approval of a Hardship Waiver is not an indication that the citation will be waived.)The Request for Hearing form must be submitted to the Revenue Collections Office, which will be responsible for Scheduling the appeal hearing. Appeals will conducted by the City’s Hearing Officer.. In the event that a hearing is scheduled, PWO staff will provide the Hearing Officer a written report concerning the administrative citation, which will include any supplementary documents or materials. A copy of any report submitted to the" Hearing Officer will be served on the person requesting the hearing at least five ’ days before the hearing date. PWO staff will attend the hearing. Compliance Orders Procedures A compliance order maybe used in cases where compliance is not achieved with a citation or for more complicated situations. The compliance order . (Attachment A- 3) will contain the following information: ¯Date and location of the violation ¯ ¯Section of the PAMC violated and a description of the violation(s) ¯Action required to correct the violation ¯The time frame to correct the violation after which administrative penalties will begin to accrue if compliance with the order has not been achieved. (The time period will be at least 5 business days as required in the PAMC 1.16.030) ¯The penalty accrual if compliance is not achieved ¯Description of the consequences for noncompliance ¯Name and signature of the PWO staff Compliance Orders will be signed .by the Solid Waste Manager or his/her.designee and will be served in person. If personal service is unsuccessful, service may be made following the procedure established in PAMC Chapter 1.16. Page 3 of 4 The PWO staff will monitor compliance with the Compliance Order. When appropriate, an amended Compliance Order may be issued to extend the due date for correcting of violation(s). Hearing The .Compliance Order will result in a hearing before the Hearing Officer~ if compliance is not achieved in the allotted period. If the violator does not comply by the due date specified in the Compliance Order, PWO staff will notify the Hearing Officer that a hearing is required. PWO staff will prepare and submit to the Hearing Officer a copy of the Compliance Order and any supporting documents or evidence. PWO will ensure that the hearing is scheduled and that notice is provided to the violator(s). Each party to whom the Compliance Order was addressed will be notified by the Hearing Officer’s staff Of the time and place of the hearing at least ten days prior to the hearing date. A copy of the any supporting documents submitted to the Hearing Officer will be served on each party to whom the Compliance Order was addressed at least five days prior to the hearing date. Procedures for the hearing are established in PANIC Section 1.16. The Hearing Officer will make findings that may include an order to comply and daily, administrative or other penalties for failure to comply. PWO staff will monitor compliance, and, if compliance does not occur, will request that Revenue Collections submit an invoice on a monthly basis to the violator. Page 4 of 4 ATTACHMENT A-2 City of Palo Alto ADMINIS TRA TIVE CITATION Planning,. Police, Fire, and Community Services Departments currently use the citations below. Public Works Operations will order the same citation booklets for our use. This format will help.maintain consistency in the enforcement of the City’s PAMC. City of Palo Alto COMPLIANCE ORDER ATTACH MENT A-3 Issuance Date Name: Violation Address Inspection Date: Mailing Address: Occupant (if different) AN INSPECTION OF THE PROPERTY FOR WHICH YOU ARE .RESPONSIBLE HAS IDENTIFIED THE FOLLOWING VIOLATION (S) OF THE PALO ALTO MUNICIPAL CODE: CODE SECTION VIOLATION AND CORRECTIONS REQUIRED COMPLIANCE DATE WARNING FAILURE TO CORRECT ALL VIOLATIONS LISTED IN THIS ORDER, BEFORE THE COMPLIANCE DATE ABOVE, MAY RESULT IN ADMINISTRATIVE PENALTIES UP TO $ PER DAY FOR EACH VIOLATION UNTIL COMPLIANCE IS ACHIEVED. THIS ACTION IS IN ADDITION TO ALL OTHER LEGAL REMEDIES, CRIMINAL OR CML, WHICH MAY BE PURSUED BY THE CITY IN RESPONSE TO ANY VIOLATION. IN ADDITION, A HEARING WILL BE SCHEDULED AND YOU MAY BE RESPONSIBLE FOR ALL ADMINISTRATIVE COSTS ASSOCIATED WITH THIS ENFORCEMENT ACTION. DATE OF NOTICE ENFORCEMENT OFFICIAL PHONE NUMBER SIGNATURE ATTACIIMENT A-4 City of palo Alto REQUEST FOR HEARING ¯ Name (Last Name, First Name) & Address (please Print or Type) Home Tel. No. Work Tel. No, Citation No.Date:Penalty,Amount: $. I request that a Hearing be scheduled to contest the administrative citation. I have posted an advance deposit of the full amount of the administrative penalty or have requested an advance deposit hardship waiver as described below. I understand that I may be found liable for administrative costs incurred by the City in connection with the Heating. Signature Date Advance Deposit Hardship Waiver Any person who intends to request a hearing to contest an administrative citation and who claims to be f’mancially unable to make the advance deposit of the fine may file a request for an advance deposit hardship waivef. The request shah be fried with the Director of Administrative Services within thirty daysfollowing the date of service of the administrative citation. A .request for an advance deposit hardship waivei shall consist of 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 in advance of the hearing.. The requirement of depositing -the full amount of the administrative penalty shall be’stayed unless or until the Director of Administrative Services makes a determination not to issue the advance deposit hardship waiver. If the Director of Administrative Service~ determines not to issue .an advance deposit hardship waiver, the person shah remit the deposit to the City within ten days of that decision in Order to s.ecttre the hearing. The Director of Administrative Services shall issue a written determination listing the reasons for.determining to issue or not to 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. The written determination of the Director of Administrative. Services shall be served upon the person who applied for the advance deposit hardship waiver. In compliance with ADA regulations, if you need special assistance at your hearing, please notify the City at (650) 329-2252, at least 72 hours before your hearing date.