HomeMy WebLinkAbout2000-07-10 City Council (13)City of Palo Alto
City Manager’s Report.
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS
DATE:
SUBJECT:
JULY 10, 2000 CMR: 307:00
USE OF ORDINANCE PROVISIONS FOR ADMINISTRATIVE
CITATIONS AND ADMINISTRATIVE COMPLIANCE ORDERS
BY THE ENVIRONMENTAL COMPLIANCE DIVISION
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 Pal0 Alto
Municipal Code (PAMC), which established 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 perlalties for violation of various
PAMC sections (Attachment B). The report 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. This report
transmits the Environmental Compliance Division’s (ECD) procedures for use of the
administrative citation and compliance order provisions.
DISCUSSION
The ECD implements industrial wastewater and stormwater protection programs which
are mandated by National Pollutant Discharge Elimination System (NPDES) permits
issued to the City by the San Francisco Bay Regional Water Quality Control Board.
These programs are designed to ensure that Palo Alto’s Regional Water Quality Control
Plant is able to meet the strict limits for discharge of pollutants to the Bay, and to prevent
illegal discharges of non-stormwater materials to the City’s storm drain collection
system.
Chapter 16.09 of the PAMC contains the provisions concerning discharge of industrial
wastewater and storm drain protection. The ECD currently initiates several types of
enforcement actions in response to violations of these provisions. Addition of the
administrative citation and compliance .order provisions in Chapters 1.12 and 1.16 to the
existing enforcement mechanisms is particularly useful for relatively routine violations.
The internal procedures used by the ECD when administrative citations or compliance
CMR:307:00 Page 1 of 2
orders are issued, as well as a sample administrative citation, administrative compliance
order, and request for hearing form, are provided in Attachment A. It is anticipated that
use of administrative citations and compliance orders will be initiated in September 2000,
following completion of a code enforcemem procedure training program for ECD staff
members.
ATTACHMENTS
Attachmem A: Administrative Citation and Administrative Compliance Order
Procedures; Sample Administrative Citation, Administrative
Compliance Order, and Request for Hearing Forms
Attachment B: CMR:236:99
PREPARED BY: Brad Eggleston, Industrial Waste Investigator
DEPARTMENT HEAD:
GLENN S. ROBERTS
Director of Public Works
CITY MANAGER APPROVAL: @j. ~tx~
EMILY HARRIS~ON
Assistant City Manager
CMR:307:00 Page 2 of 2
Attachment A
Environmental Compliance Division
Administrative Citation Procedures
-A number of enforcement options are available to ECD staff to address violations of the "
Palo Alto Municipal Code (PAMC). Enforcement tools available to the ECD include the
following:
2.
3.
4.
5.
6.
"7.
8.
Compliance Directive (PAMC Section 16.09.061)
Notice of Noncompliance (PAMC Section 16.09.143)
Compliance Agreement procedure
Administrative Citation (PAMC Section 1.12.030)
Administrative Penalty (PAMC Section 16.09.142)
Compliance Order (PAMC Section 1,16.030)
Litigation
Permit Revocation (PAMC Section 16.09.040) -
The following summarizes the procedures to be followed by the Envfi-onmental
Compliance Division (ECD) when the Administrative Citation provisions authorized by
PAMC Section 1.12 are. utilized.
A. Evidence Collection
1)The ECD receives information about violations of the PAMC through routine
inspections and monitoring conducted by ECD staff, citizen complaints,
notifications from other City departments, and self-reporting by permitted entities.
2) Once the ECD has information about a possible violation of the PAMC, an
inspection is generally conducted to confirm the violation. The inspection is used
to gather information, collect physical evidence where appropriate, and to
determine the responsible party. Some types of violations, such as discharge
standard violations, do not require an inspection for confirmation.
B. Administrative Citation
Once evidence has been collected and it is determined that the PAMC has been
violated, ECD staff will determine the appropriate enforcement action. If an
Administrative Citation is issued, it will include the following:
¯Date of the violation
¯Address or description of the location where the violation occurred
¯Section of the PAMC violated and a brief description of the violation
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¯Penalty amount
¯Description of the penalty.payment procedure
¯Description of the citation appeal process
¯Name and signature of the ECD staff member
A Request for Hearing form will be attached to the Administrative Citation. A
sample Administrative Citation is attached (Attachment A).
The Citation will be signed by the ECD Manager, and will be served personally.
personal service is .unsuccessful, service may be made pursuant to the procedure
established in PAMC Section 1.12.
A copy of the citation will be delivered to the Revenue Collections Office at the Civic
Center. The Revenue Collections office will notify the ECD regarding administrative
citation payments. The notification will be deliyered 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, ECD staff will request the Accounting Division to invoice
the responsible party. Within 7 days of receivingthe ECD staff request, the
Accounting Division will issue an invoice for the fine amount, 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 ~aiendar 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. 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..
C. Appeals
The recipient of the citation may appeal the citation by submitting a completed
Request for Hearing Form to the Revenue Collections Office and posting the full
amount of the administrative citation fine within thirty days from the date of citation.
(In certain hard~hip cases, the City may waive the 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 be conducted by the City’s Hearing
Officer.
In the event that a hearing is scheduled, ECD staff will provide the Hearing Officer a
written report concerning the administrative citation, which will include any
2 of 3
supplementary documents or materials, A copy of any report submitted to the
Hearing. Officer will be personally served on the person requesting the hearing at least
five days prior to the hearing date. ECD staff will attend the hearing.
3 of 3
Environmental Compliance Division
Compliance Order Procedures
A number of enforcement Options are available to ECD staff to address violations of the
Palo Alto Municipal Code (PAMC). Enforcement tools available to the ECD.include the
following: :
2.
3.
4.
5.
6.
7.
8.
Compliance Directive (PAMC Section 16.09.061)
Notice of Noncompliance (PAMC Section 16.09.143)
Compliance Agreement procedure
Administrative Citation (PAMC Section 1.12.030)
Administrative Penalty (,PAMC Section 16.09.142)
Compliance Order (PAMC Section 1.16.030)
Litigation
Permit Revocation (PAMC Section 16.09.040)
The following summarizes the p~:ocedures to be followed by the Environmental
Compliance Division (ECD) when the Compliance Order provisions authorized by
PAMC Section 1.16 are utilized.
A. Evidence Collection
2)
The ECD receives information about violations of the PAMC through routine
inspections and monitoring conducted by ECD staff, citizen complaints,
notifications from other City departments, and self-reporting by permitted entities.
Once the ECD has information about a possible violation of the PAMC, an
inspection is generally conducted to confirm the violation. The inspection is used
to gather information, collect physical evidence where appropriate, and to
determine the responsible party. Some types of violations, such as discharge
standard violations, do not require an inspection for confirmation.
B. Compliance Order
Once evidence has been collected and it is determined that the PAMC has been
violated, ECD staff will determine the appropriate enforcement action. If a
Compliance Order is issued, it will include the following:
¯Date of the violation
¯Address or description of the location where the violation Occurred
¯Section of the PAMC violated and a brief description of the violation
1 of 2
¯Action required to correct the violation
¯Due date for correction of the violation
¯Description of penalty accrual if complianceis not achieved
¯Description of consequences of noncompliance (hearing, etc.)
¯Name and signature of the ECD staff member
A sample Compliance Order is attached (Attachment A).
The Compliance Order will be signed by the ECD Manager, and will be served
personally. If personal service is unsuccessful, service may be made pursuant to the
procedure established in PAMC Section 1.16.
C. Compliance with the ComPliance Order
Compliance with the Compliance Order will be monitored by ECD staff. When
appropriate, an amended Compliance Order may be issued extending the due date for
correction of the violation(s): If all Violations are corrected by the due date stated in
the Compliance Order, ECD staff will so advise each party to whom the Compliance
Order wgts addressed.
D. Hearing.
If the violator does not comply by the due date for correction of the violation
specified in the Compliance Order, ECD staff will notify the Hearing Officer that a
hearing is required. ECD staff will prepare and submit to the Hearing Officer a copy
of the Compliance Order and any supporting documents, ECD staff 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 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. ECD staff will attend the hearing.
E. Compliance with the Hearing Officer’s Orders
The Hearing Officer will make findings that may include an order to comply and
daily or other penalties for failure to comply. ECD 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.
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City of Palo Alto
AD MINIS TRA TIVE CIT A TI O N
Issuing Agency: Environmental Compliance Division
Issuance Date:
Violation Address: ’
NO.:
Issued To
Name:
Company:
Address:
Phone Number:
Method of Service: Personal l---] Certified Mail I’-] By:Date:
VIOLATION CODE & SECTION PENALTY "
Total Penaltw:
THE TOTAL PENALTY IS NOW DUE AND PAYMENT IS REQUIRED BY (DATE): ’ -
PAYMENT IS TO BE MADE TO:
CITY OF PALO ALTO
REVENUE COLLECTION DIVISION
250 HAMILTON AVENUE
P.O. BOX 10250
PALO ALTO, CA 94303
Failure to pay the total penalty by the specified due date will result in assessment of additional penalties.
Appeal of this citation may be made by filling out the attached Request For Hearing form. Where compliance has
not been achieved by the date of this citation, each day of noncompliance subsequent to this citation is a distinct and
continuing violation, and additional citations may be issued for each day the violation exists. Please contact the
Environmental Compliance Division at (650)329-2598 if you have any questions.
Phil Bobel, Manager
Environmental Compliance Division
Date of Issuance
City of Palo Alto
COMPLIANCE ORDER
Issuing Agency:. Environmental Compliance Division
Issuance Date:
Violation Address:
Issued To
Name:
Company:
Address:
Phone Number:
Method of Service: Personal ~] Certified Mail By:Date:
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 OF UP TO $ PER DAY FOR EACH
VIOLATION UNTIL COMPLIANCE IS ACHIEVED. THIS ACTION IS IN ADDITION TO ALL OTHER
LEGAL REMEDIES, CRIMINAL OR CIVIL, 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. PLEASE CONTACT THE ENVIRONMENTAL COMPLIANCE DIVISION AT (650)329-2598 IF
YOU HAVE ANY QUESTIONS,
Phil Bobel, Manager
Environmental Compliance Division
Date of Issuance
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.d~posit 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 Hearing.
Signature Date
Advance Deposit Hardship Waiver
Any person who intends to request a hearing to contest an administrative citation and who claims to be
financially unable to make the advance deposit of the fine may file a request for an advance deposit
hardship waiver. The request shall be filed with the Director of Administrative Services within thirty days
following the date of service of the administrative citation.. A request for an advance deposit hardship
waiver shall consist of a sworn declaration, together with any supporting evidence den~0nstrating 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 Services
determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the City
within ten days of that decision in order to secure 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. ’
Attachment B "
City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
ATTENTION: POLICY AND SERVICES COMMITTEE
FROM:CITY MANAGER DEPARTMENTS:PLANNING
POLICE
2
DATE:MAY 10, 1999 CMR:236:99
SUBJECT:APPROVAL OF.ORDINANCE._ ~A~AE.~ING...~CI:IA~R.L,12 AND
CHAPTER i.16 OF TITLEoC~N~_~OF THE p~AL. O,~ ~ALT0 MU.M~C,IP~AL
(~ODE ESTABLISI-H~G-~ ..ADMINISTRAT~[~ ~. CITATIONS,~
PENALTIES, AND~:~.~.~REMED!-~S FQR ,MU~.~IP~ CQDE,VIOLATIONS;
REPORT IN BRIEF
lrvi997, Council approv~e,.,..d;aa_, ordinanoe ~at added Chapters 1.1~;~, 1.16 to the Palo
Municipal Code (PAMC0~ estal~lis~..’ng anoadministrative.pen~e..s:~i~cedures in connectior~
with changes to. Chapto, r,..5_.,.20, for ~e removal of solid waste an~:[~go, lable materials. Since
that time, representafives~,fro~ the planning, Fire, ..Polie~;.i~,A;dministrative Services
Departments and the~City Attorney’s ,Office have been i.,~.y...~j,n,g the organizational-
infrastructure needed t0,,implement ,the ordinance and inve~~~potential of using
similar procedures f0r:~th~ enforcement of many other PAM~.~ti~... Based upon.that:
work~ staff has propose, d., ordin.,an,_ _.e¢..changes and develope, d,.~5~gcd,,uggS.: that would include
the issuance of administrative, citatio.ns and complianc~ :7~.r, de~.a~’~~the assessment of
administrative penalties for PAMC violations that are no~t resolved.. Staffbelieves that this
enforcement process will be more efficient and effective in the corrections of PAMC
violations.
CMR:236:99 Page 1 of 6
RECOMMENDATION
Staff recommends t!~at the City Council approve:
1)the attached amendments to Chapters 1.12 and 1.16 of the Palo Alto Municipal Code
(PAMC) providing for administrative citations, penalties and remedies for violations
of City ordinances, and
2) the attached resolution adopting a schedule of administrative penalties.
BACKGROUND
In 1993, the Council adopted an amendment to Chapter 1.0.60 of the PAMC that provided
for administrative penalties and review for parking,citations that were issued by the City.
This change was prompted by State legislation that decriminalized the parking citation
process and established civil penalties and review for parking violations. Additionally, in
1997, Council adopted an ordinance that added Chapter 1.1.2 and 1.16 tO the PAMC. These
chapters established administrative penalty procedures for all City ordinance violations,
although they were adopted in connection with revisions to the, ordinances regulating the
collection, removal, and disposal of solid waste and recyclable materials.
For thepast year, representatives from the Fire, Planning, Police and Administrative Services
Departments and the CityAttomey’s Office have been investigating alternative methods for.
enforcement of other PAMC violations and developing an implementation plan. Currently,
code enforcement procedures include the identification of a code violation and notification
of the responsible party. Violations range from illegally placed signs to improper storage of
hazardous materials. Approximately 80 to 90 percent of the most common violations are
resolved after the initial notice has been received by the violator. If compliance does not take
place, a second, and in some eases, up to five notices are. sent to the violator. If complianee
is still not achieved, the department refers the case to the City Attorney’s Office for legal
action. The City Attorney’s Office will normally send one more notice prior to initiating
.legal action. Legal action may involve civil or criminal sanctions, depending upon the
magnitude and type of violation. This processis time consuming, labor intensive, and cosily.
DISCUSSION
CMR:236:99 Page 2 of 6
Proposed Process ’
Staff proprses to :change the current process to one that involves the.use of administrative
citations, compliance orders and penalties, which is the approach which appears to be most
successful in other cities. Once a violation has been identified~ a written notice would be sent
or delivered to the responsible party. The notice would include a specific penalty that may
be assessed if the violation is not corrected in the specified, period of time. If the violation
is not corrected, depending upon the type of violation, either an administrative citation or a
compliance order would be issued.. A citation (Attachment A) would be utilized for
violations that are relatively easy to correct, such as the removal of illegal signs, fences, or
inoperable vehicles. If compliance is not met after the first citation, a second citation would
be issued and.for continuing violators another citation could be issued each day thereafter
until corrected. Each citation issued for the same violation within a three-year period would
result in a 50 percent increase of the free.
A compliance,order (Attachment B) would be used for more complicated cases that may
require multiple compliance dates. These cases include such violations as unauthorized use
and occupancy, unpermitted construction or storage of hazardous materials, and substandard
housing. The eo’mpliance order would specify a time line for submittals for permit approvals,
the beginning date for construction, etc. If compliance is not achieved, penalties woulct~be
assessed against the violator.
Violators who receive an administrative citation would have the opportunity to appeal the
action in writing or in person to the City’s Hearing Officer if they desired. The violator
would be required to post the full amount of the administrative f’me at the time he or she
requests a hearing. Provisions are inetuded for the issuance of hardship waivers in those
circumstances where the violator is financially unable to pay the penalty prior to the hearing.
If the Hearing Officer determines that the citation should not be sustained, the penalty that
was deposited before the hearing would be refunded.. (See Attachment D for detailed
procedures.) .
Individuals who receive a compliance order but fail to comply with it will be ordered to
attend a hearing before the City’s Hearing Officer. Because of the complexities associated
with the types of violations that would result in compliance orders, the Hearing Officer
would be given the latitude to adjust penalties, establish additional time frames, and to
require the payment .of administrative costs to cover the ~taff time needed to resolve the
situation.
Failure to pay the assessed penalties and/or administrative costs would result in the violator
being turned over to a collection agency or the issuance of a lien against the person’s
CMR:236:99 Page 3 of 6
property if the violation was connected to property.
Similiir to, the parking citation process, those individuals who are not satisfied with the
decision of the City’s Hearing Officer, may request a review of the decision, by the.Municipal
Coui’t.
Phased Implementation Approach
The PAMC provides, authority to several departments, including Police, Planning, Fire,
Utilities, and Public Works, for enforcement of code violations. As staff developed the
penalties program, it was evident that, because of administrative effort that would be required
to initiate and sustain such a program, a phased implementation approach should.be used.
The Fire Department and the Inspection ServicesDivision of the Planning Department
volunteered.to initiate implementation for a period of approximately six months. The phased
approach will. provide staff with the information needed to determine the resource needs for
full impt.ementation of the program. In addition, it provides staff with the opportunity to
review the effectiveness andefficiency of the procedures, and to make any adjustments that
may be n~,eded prior to expanding .the program to the remaining departments.
Hearing Officer
Currently, a City Parking Adjudicator handles the appeals for individuals who wish to contest
their parking citation. The Parking Adjudicator is abudgeted, half-time position in the Police
Department’s Traffic Division. (Also included in the Police Department’s budget are
temporary salary dollars that cover a temporary, half-time Office. Specialist to handle the
associated clerical duties for the Adjudicator.) The.current Adjudicator has been with the
City since the inception of the parking citation program. Staff proposes using the current
Parking Adjudicator as the City’s Hearing Officer by extending his hours for the .initial six
months. (The temporary Office Specialist’s hours will also be extended.) The Adjudicator
¯ is familiar with City procedures and services, and has a substantial legal backgroun&. Staff
does not know how many appeals would result from this new process or the amount of time
needed by the Hearing Officer to handle the appeals.-
Aftera review of the first phase, and if the results of the review warrant it, staff will return
to Council with a request to permanently increase the Heating Officer’s position to full time
and to provide for more permanent staffing for clerical duties. It should be noted that at that
time, the City Manager would determine the most appropriate department in which to
permanently assign the Heating Officer.
CMR:236:99 Page 4 of 6
RESOURCE IMPACT
Funds for this program are included in the City Manager’s proposed 1999-01 budget. ~l’he
Police Department’s proposed 1999-2001 budget includ.es $23,800 in both years to cover
additional costs for the Hearing Officer and Office Specialist. This-amount is estimated to
cover six months of the year. The City Attorney’s Office Proposed 1999-200t Budget
¯ includes $55,000 for a one-half time contract attorney to implement administrative penalties
and advise enforcement personnel. This is an essential component of this program. This
funding is meant to be a "stop-gap" measure until FY 2000-2001 when .office space is
available to support an additional 0.5 FTE Senior Assistant City Attorney for code.
enforcement services. For the last two fiscal years, the .City Attorney’s Office has funded
code enforcement activities above the budgeted 0.1 FTE by diverting outside counsel funding
to contract staff. This step was taken in order.to assess the feasibility ofa code enforcement
program implemented via adrhinistrative penalties and court actions. While this
independently-initiated program has been successful,-and essential to developing the
administrative penalties ordinance and implementation proposal, this funding source is.no
longer available due to increased operating department support needs. Staff will return to
Council to requrst any additional funding needs for full implementation Of thispr0gram after
completing a review of the first phase.
The proposed penalty amounts were developed to ensure that it would be. financially more
viable to obtain the appropriate permits and to comply than to be assessed penalties.
Additionally, the current bail schedule and information received from San Jose’s process
were considered in the determination of penalty amounts. The more hazardous the violation,
the higher the penalty assessment. Additionally, staffused the experience of other cities like
San Jose in setting the penalty amounts.
While some revenue would be generated by the assessment of penalties, until staff has some
experience with the new procedures it is difficult to determine the amount of projected
revenue. It is .important to note that the primary goal of this new process isto bring violators
into compliance and not to generate new revenue.
POLICY IMPLICATIONS
A change to this process decriminalizes the procedure for ensuring compliance with PAMC
violations .and uses administrative remedies.
CMR:236:99 Page 5 of 6
ENVIRONMENTAL REVIEW
This is not a project subject to California EnvironmentalQuality Act (CEQA).
ATTACHMENTS
Attachment A- Copy of Proposed Citation
Attachment B- Copy of Compliance Order
Attachment C- Administrative Penalties Procedures
Ordinance
Resolution
PREPAI~D BY:Lynne Johnson, Assistant Police Chief
Fred Herman, Chief Building Official
REVIEWED BY:Patrick Dwyer, Chief of Police
Ed Gawf, Director, Planning and Community Environment
Ruben Grij alva, Fire Chief
Carl Yeats,. .
Ad..~~reetor.. .REPORT COORDINATOR:
LYI~ JOHNSON, Assistant Police Chief
CITY MANAGER APPROVAL:
HARRISON, Assistant City Manager
CMR:236:99 Page 6 of 6
City of Palo Alto
ADM!NISTRATIVE CITATION
NO.
Issuing Agency :
Case No.
Issuance Date:¯Violation Address:
Compliance Date:
Name:
Parcel Number:
Inspection Date:
Issued to:
Method of Service: Personal_ Certified Mail_ Posted_
AN INSPECTION OF THE PROPERTY FOR WH!CH YOU ARE RESPONSIBLE HAS IDENTIFIED THE
. FOLLOWING VIOLATION(S): "
VIOLATION CODE & SECTION . PENALTY
TRIg TOTAL PENALTY IS NOW DUE AND PAYMENT IS REQUIRED BY (DATE).__
PAYMENT IS TO BE MADE TO THE REVENUE COLLECTION DIVISION
CITY OF PALO ALTO
250 HAMILTON AVE.
PO BOX 10250 "
PALO ALTO, CA 94303
Appeal of this citation may be made by filling out a request for hearing. Contact the citing authority for an
application
A reinspeetion will be conducted on ~_ to verify eompliane.e. Additional citations may be issued for each day
the violation exists.
Issuing.Officer:Tiile: .
Signature:Phone:(650)’ ¯
NOTE: PERMITS FROM THE INSPECTION SERVICES. DIVISION MAY BE REQIBllED FOR
STRUCTURAL, PLUMBING, MECHANICAL AND ELECTRICAL WORK. WORK PERFORMED
WITHOUT REQUII~D PERMIT(S) IS A VIOLATION OF Tile PALO ALTO MUNICIPAL CODE AND
WILL NOT QUALIFY AS COMPLIANCE.
~650~
DATE OF NOTICE CODE ENFORCEMENT OFFICER PHONE NUMBER SIGNATUR~
¯City of Palo Alto
COMPLIANCE ORDER
File No.
Permit No.
Violation Address:.
Inspection Date: ¯
Compliance Date/Time:
Owner:
Mailing Address:
Occupant (if different)
AN INSPECTION OF THE PROPERTY FOR WHICH YOU ARE RESPONSIBLE HAS
reENTereD THE FOLLOWING VI,OLATION(S) OF THE PALO ALTO MUNICIPAL CODE:
CODE SECTION VIOLATION.AND CORRECTIONS REQUIREDCOMPLIANCE DATE
NOTE: PERMITS FROM TI~ INSPECTIONSERVICES DMSION MAY BE REQUIRED FOR
STRUCTURAL, PLUMBING, MECHANICAL AND ELECTRICAL WORK. WORK PERFORMED
WITHOUT REQUIRED PERMIT(S) IS A VIOLATION OF THE PALO ALTO MUNICIPAL CODE AND
WILL NOT QUALIFY AS COMPLIANCE.
DATE OF NOTICE ¯ CODE ENFORCEMENT OFFICER
(650)
PHONE NUMBER SIGNATURE
WARNING
FAILURE TO CORRECT ALL VIOLATIONS LISTED IN TI~S 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 CIVIL, WHICH MAY BE PURSUED BY TH~ 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.
ADMINISTRATIVE .CITATION HEARING PROCEDURES
A recipient of an Administrative Citation may contest the citation by way of an
Administrative Hearing or Administrative Mail-in Review. An Administrative Hearing involves
a personal appearance before a Hearing Officer to present evidence and oral test’.maony. An
Administrative Mail-in Review involves the submission of evidence and written testimony to a
Hearing Officer, by mail.
I. "Commencing the Administrative Hearing Process.
. To obtain an Administrative Hearing date, a contesting party is required to submit
a timely Request for Administrative Hearing form, with attachments, to the City
of Palo Alto, at its designated place. The form shall contain the following
in_formation relating.to the contesting party’s witnesses and evidence:
,1.A detailed statement setting forth the grounds upon which:
the violation is disputed,, and/or
-the penalty amount is disputed, and/or
a late payment charge is disputed, and/or
an installment sehed.ule may be justified for the payment of
penalties, late payment charges and costs.
o For each witness, if any, who. will be personally appearing at the Heating,
a summary of the witness’s anticipated testimony.
For each witness, if any, who will not be personally appearing at the
Hearing, a copy of the witness’s written statement.
Copies of all other evidence, if any, that will be submitted at the Hearing,
such asreports, photographs or other documents.
Within fifteen days after the receipt of a Request for Administrative Hearing form,
the City shall mail a Notice of Hearing to the contesting party setting forth the
day, time and location of the Hearing. Accompanying the Notice of Hearing, or in
any event, not .later than fifteen days before the Hearing date, the City shall mail to
the contesting party the following supplemental documents relating to the City’s
witnesses and evidence:
copies of witness statements and other evidence fulfilling the requirements
set out in Sections I.A.2., I.A.3. and I.A.4., above.
a Cost Memorandum, setting out the administrative costs sought by.the
City from the contesting party for the time and expense incurred by the
City to prepare and present its case.
A contesting party may re~pond to the City’s s.upplemental documents by.
presenting rebuttal evidence at the Hearing.
Any Administrative Hearing evidence not submi(ted in accordance with the
requirements of Sections I.A. and I,B., above, may be excluded from
consideration by the Hearing Officer.
Commencing the Administrative Mail-in Review Process.
To request an AdministratiVe Mail-in Review, a contesting party is required to
submit a timely. Request for Administrative Mail-in Review form, with
attachments, to the City of Palo Alto, at its designated place. The form shall
contain the following information relating to the contesting party’s wimesses and
evidence:
"1.A detailed statement setting forth the grounds upon which:
the violation is disputed, and/or ¯
the penalty amount is disputed, and/or
a late payment charge is disputed, and/or
an installment schedule may be justified for the payment of
penalties, late payment.charges and costs.
2.Copies of written witness statements, if any.
3.Copies of supporting reports, photographs’,.or other documents,’if any. ¯
Within fifteen days after the receipt of a Request for Mail-in Review form, the
City shall submit to the Hearing Officer and shall mail to the contesting party the
following supplemental documents relating to the City’s witnesses and evidence:
copies of reports~ witness Statements and other evidence upon which the
City is basing its citation.
a Cost Memorandum, setting out the administrative costs sought by the
City from the contesting party for the time and expense incurred by the
City"to prepare and.present its ease.
2
Co
Eo
Within fifteen days after the date of the Ci~!’s mailing of supplemental
documents, the,contesting party shall have the fight to mail to the Hearing Officer,
¯ rebu_ttal evidence or rebuttal argument contesting the Violation, the penalty
amounts, la~e payment charges or.the cost memorandum, or justifying an
installment schedule for the payment of penalties and costs.
Any Administrative Mail-in Review evidence not submitted in accordance with
the requirements of Sections II.A., II.B. and IIC., above,may be excluded from
e0nsideration by the Hearing Officer.
and Responsibilities Related to Adt~istrative Hearings ~tnd MaiI-in Reviews.
A contesting party and the City of Palo Alto are entitled to a Hearing or Review
conducted by a rleutral Hearing Of-fleer. The Hearing Officer’s tenure or
compensation shall not in any way be affected by any code enforcement decision
rendered by the He .aring Officer. The Hearing Officer shall be disqualified from
conducting a Hearing or Review if the Hearing Officer:
Is relatedby blood or law to a comesting party or any.witness in the
matter.
Has ever had a social, or financial relationship with a contesting party or
any witness in the matter.
3.- Would in any way be appreciably affected, personally or financially by the
outcome of the matter.
The Hearing Officer shall not be bound by the formal rules of evidence as set out
in the California Evidence Code, however,, such rules shall serve as a guideline
when appropriate. All relevant and materia! evidence shall, be admissible unless
-the probative value of such evidence is substantially outweighed by the cost or
time to be expended in presenting such evidence.
A contesting party may. be represented by legal counsel.
There shall be no preAdministrative’ Hearing discovery rights except as set out in
Sections I.A. and L B. above, and there shall be no pre-Administrative Mail-in
Review discovery rights except as set out in Sections II.A. and II.B, above.
The citation and any additional reports submitted by the City. shall constitute
presumptive evidence of the facts asserted in such documents. If the citation fails
to allege, all the elements of a violation or otherwise .fails-to provide adequate
notice of a violation, it shall be di,~missed by the Hearing Officer. ,
The City shall have the burden of proof to establish that the referenced code
¯ .section has been violated, that the cited party was respofisible for the violation,
that the penalty sought is reasonable, that a latepayment charge.was incurred, and
that the administrative costs Sought-are reasonable. The standard of proof shall be
by a preponderance of the evidence.
Go A contesting party shall have the right to establish that the payment of
administrative penalties, late payment charges and/or an administrative costs
would create an extraordinary bards.hip on the party. The party shall have the
burden of establishing the existence of stieh hardship by a preponderance of the
evidence. The Hearing Of-fleer shall consider the existence of such hardship in
determining a schedule for the e0ntesting party’s payment of administrative
penalties,, late payment charges and/oran administrative-costs.
HQ Oral witness te.stimony presented at an Admim"strative Hearing shall be taken
under oath. Written witness statements shall be made under penalty of perjury. A
witness statement shall contain the following language at the end of the statement,
followed by the witness’s signature and date: "I declare under penalty 0f perjury
under the laws of the State of California that the foregoing is tree and correct."
The Hearing Officer may exclude the testimony of a witness not given under oath
or not submitted under penalty of perjury.
The Hearing Officer shall assign an exhibit number to each item of physical
evideneesubmitted and shall retain such evidence as part.of the record.
The Heating Officer shall issue a written Notice of Decision within thirty days
after the eonelusion of a Hearing, or ha.the ease of a Mail-in ¯Review, within thirty
days after the receipt of supplemental or rebuttal documents.
Ko The Decision shall be based so.lely only upon testimony and evidence presented at
the Hearing or submitted for a Mail-in Review, The Decision shall.contain
findings of facts and all issues adjudicated by the Hearing Officer shall be
supported by such findings of facts.
The Decision shall contain a date or a schedule for the payment of such
administrative penalties, late payment charges, and administrative costs, as may
have been imposed by the Heating Officer.
Rights and Responsibilities Related to Administrative Hearings only.
A.The Hearing shall be conducted informally. However, it shall be conducted with
the professionalism expected in a court of law.
FB
Upon the timely receipt of arequest for a continuance of an Administrative
¯ Hearing date, the Heating Officer shall grant a continuance of the date. In the
absence of exigent circumstances, the Hearing Officer shall not grant morethan
one eontinuane.e in a ease. In the absence of exigent circumstances, the Hearing
Officer shall not grant a continuance upon a request ree..eived at the Heating Office
within twenty-four hours of a scheduled Heating date and time. The Hearing
Office shall not grant a continuance in excess of ninety days. A contesting party is
. responsible for the re-service of subpoenas, if necessitated by a change of Hearing
date.
A contesting party and the-City of Palo Alto may present any combination of oral
witness testimony, written witness statements or other physical evidence.
A contesting party and the City shall have the fight to crossexamine witnesses
who appear at the He..aring.
,The Hearing Officer shall not assume the role of counsel or advocate for a
contesting party or for the City, but shall have the right to question witnesses.
Tl~e Heating Officer shall make all reasonable accommodations necessary to
allow a disabled contesting party the opportunity to present a case or to allow a
disabled witness to testify.
In the absence of a subpoena, no City employee or any other witness shall be
required to appear at a Hearing.
A contesting party may appear at a Hearing personally or through counsel.-The
failure of a contesting party to appear at a Hearing, personally or through counsel,
shallconstitute:
An admission by thd contesting party that all the allegations contained in
the citation are true and correct.
An admission by the contesting party that the administrative penalty
.-sought in the citation is reasonable. :
An admission by the contesting party that a late payment charge, as may
havebeen established by City ordinance, may be imposed.
An.admission by the contesting party that the costs sought by the City, as
set out in its Costs Memorandum, are reasonable.
A contesting party who has requested ma Administrative Heating may apply to the
Hearing Officer for the issuance of a subpoena directing a witness to appear at a
Hearing or directing a custodian of a document to present Such document at a
Hearing.
2~
To subpoena a witness to a Hearing, a contesting party, is required to
submit to the Heating Officer a copy o’f the citation and a completed
Application for Subpoena (Witness) form containing the following
information:
ao Full name of witness.
Witness’s department (if witness is a City employee).
Date of Hearing,
Summary of witness’s anticipated testimony.
To subpoena a document to a Hearing, a contesting party is required to
submit ~o the Hearing Officer a copy of the citation and a completed
Application for Subpoena (DocumenO form containing the following
information:
A detailed description of.the doctiment.
Full name of the custodian of the document.
Date of Hearing.
Statement explaining the need for the document.
In the absence of exigent circumstances, the.Hearing Officer shall not
consider an Application for Subpoena that is submitted within five
working days of a Hearing date, A timely and fully completed Application
shall be granted if the statement in support of the Application establishes
that the requested witness or document will materially assist the contesting
party and that the request is not excessively burdensome,
A contesting party is responsible for the timely service of all subpoenas,
according to law. ~
6
CODE ENFORCEMENT ADMINISTRATIVE PENALTIES
PROCEDURES
These procedures are to be followed by Code Enforcement Officers (CEO) in the event an
Administrative Citation or a Compliance Order may be issued. Proper and complete documentation
is required on all code enforcement cases.
A. Complaint Receipt
The individual taking .the complaint or the individuai.who observes the violation is tO complete the
standard complaint form (Attachment A) or inspection form (Attachment A1, A2). Anonymous
complaints or service requests (Attachment A3) are only taken on alleged.violations that may
constitute a hazard or other dangerous or unsanitary condition.
The staff person must be sure the complaint is a violation that is enforced by their division. If it
relates to anotNer division or department, the individual should be referred to the proper department.
Verify the Co~mplaint
A field inspection is usually necessary to verify the complaint. In order to be valid, the objection
must be a violation of the Palo Alto Municipal Code (PAMC).
C. Determine Corrective Action
The CEO has a great deal of discretion in determining Milch enforcement tool to use. However,
consistency in enf0rcemen~ practice is highly recommended.
Minor infi’actions that the home owner or business occupant is probably unaware may be handled
with a simple notice form (Attachment B) or written on the inspection form. This will be effective
on most minor violations, such as plant and shrub encroachments on public sidewalks. Follow up
will be. required to verify compliance. More substantial violations or repeat offenders will require
a more formal process that may include the issuance of an administrative citation or a compliance
order.
D. Written Notice
An administrative citation is to be issued only after the violator hits been notified in writing. An
inspection form presented to the individual responsible for the violation may suffice or a letter
should be delivered in person or by certified, return receipt requested, mail. The letter or inspection
form should include a warning that if compliance is not achieved by the date specified that an
administrative citation will be issued. The letter or inspection form will also specify the amount of
the potential penalty according to the schedule of fines and that administrative costs may be
recovered.
E. Administrative Citation
The-CEO may discuss the specific violation with their supervisor prior to or after confirmation of
non-compliance. If the decision is made to issue the citation, upon confirmation of non-compliance,
the CEO will complete the citation form (Attachment C). The citation may be delivered in person,
by certified mail, return receipt requested, or as a last resort by posting. (See PAMC 1.12.030(d) for
notice procedure.)
A copy of the citation should be delivered to the Revenue Collections Office at the civic Center.
The Revenue Collections .Office will notify the citing department regarding administrative citation
payments. The notification will be delivered via E-mail, the same day payment :is received. If
payment is not received by the date specified on the administrative citation, the CEO will request
the Accounting Division to ~nvoice the responsible party. Within 7 days of receiving the request
from the CEO, the Accounting Division will issue an invoice for the fme amount, plus a 10 percent
penalty. The invoice will state-that payment is due within 14 calendar days of the invoice date and
that unpaid invoices as of the first of the month following the 14-day period will accrue an additional
10 percen~ penalty. If payment is not received bythe first of the month following the 1.4-day period,
the Accounting Division will issue a new invoice for an additional. 10 percent penalty on the original
fine amourtt. 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 10 percent penalty. Thereafter, an additional 10 percent
penalty on the original fine amount will be due on the first day of each month that the citation
remains outstanding.
A second citation may be issued for the same violation if corrective action is not taken after
consulting with a supervisor. The penalty increases by 50% for this second citation and doubles for
the third citation within a three year period.
F. Appeals
The recipient of the citation may appeal the citation by completing a Request for Hearing form
(Attachment D) and posting the full amount of the administrative, citation fine within thirty days
from the date of citation. (In certain hardship case~, the City may waive the 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, who will be responsible for scheduling the appeal
hearing. Appeals will be conducted by the City’s Hearing Officer.
G. Compliance Order
In situations where compliance is not achieved by means of a citation or for mor.e Complicated cases
a Compliance Order (Attachment E) may be issued. The Compliance Order will result in a heating
before the Hearing.Officer if c0mpliance is not achieved in the allotted time frame.
The Compliance Order process should be used in all cases where various time frames are specified.
For example, submit-p~ans for building permit within thirty days, commence construction within
sixty days and complete all work within 45 days, etc. The Compliance Order can be amended to alter
the schedule for valid reasons. Valid reasons could be a delay in the permit process at no fault of the
applicant.
It is not necessary to submit a copy of the Compliance Order to Revenue Collections. The amount
of penalty will- not be established until the hearing process is complete and the hearing officer has
set the penalties and administrative costs to be recovered.
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OFPALO ALTO
AMENDING CHAPTER i. 12 OF TITLE 1 [GENERAL
PROVISIONS]OF THE PALO ALTO MUNICI’PAL CODE
PROVIDING.FOR ADMINISTRATIVE ¯CITATIONS AND
PENALTIES AND AMENDING CHAPTER 1.16 OF TITLE 1
[GENERAL PROVISIONS] OF THE PALO ALTO MUNICIPAL
CODE PROVIDING FOR ADMINISTRATIVE REMEDIES FOR
CONTINUING VIOLATIONS
The Council of the City of Palo Alto d~es ORDAIN as
follows:
Legislative Findings.
(i) The Council finds and determines that the .public
interest requires the availability of administrative methods, for
enforcement of the requirements of this code as an alternative to
either criminal or civil proceedings within the. court system.
Administrative citations and administrative compliance hearing
processes afford relatively informal, inexpensive, expeditious,
and approPriate procedures for dispute resolution involving matters
of local concern.
(2) The Council further finds and determines that the
public interest requires the capacity to impose, administrative
penalties authorized under California Government Code .section
53069.4 as an alternative to criminal penalties or civil abatement
remedies. Administrative penalties are necessary and.appropriate
sanctions.forconduct violative of city laws needed to protect the
health, safety, and general Welfare, and they may be effective in
inducing compliance without invoking the more formal, expensive,
and time consumptive.processes of the court system.
~ Chapter 1.12 of Title 1 ’of the Palo Alt6
Municipal Code is amended in its entirety to read as follows:
CHAPTER 1.12 ADMINISTRATIVE PENALTIES -- CITATIONS
1.12.010 Suup~ Applicability.
(a) " This chapter provides foradministrative ~=LLL=dI=~ £u~
any vlol=tlo~o£ 5hi~ ~ode, which ~L~edle~ m~ be p~u~dcitations
which are in li=u u£ &~kyaddition to all .other I~=i ~’e~=dy,
u~imi~=l ok civilv legal remedies and which are an alternative to
any criminal legal remedies which may be pursued by the city to
address any violation of Title 4,. Title 5, Title 6, Title 8, Title
9, Title 12, Title15, Title 16, Title 17, Title 18, or Title 22 of
this code or to any regulations, ad0pted under the authority of this
code.
990430 syn’0043699
~ (b) Use of the remediesand procedures of this chapter
shall at the solediscretion of the code enforcement officers and
enforcement officials authorized to proceed under this chapter, and
the availability of the remedies and procedures of this chapher
.shall not limit or preclude the use 0f criminal or civil injunctive
code enforcement proceedings..
u~a~ u,.=wL~- Oi Ch~wL~a 1 16, shall ~v~
i,, S=cLIu,, 1.12.070
Seutlu,a 1.16.030
e,,fu,u=~ Lhe pluvimlo,i~ of Lh= P=iu AILu "" ’"’
1.12.020 Code enforcement officer -- Defined.
For the purposes of this chapter, ~code enforcement
officer" shall mean any city employee or agent of the city with the
authority to enforce any provision of this code to which this
chapter is applicable.
1.12.025 Enforcement Official -- Defined.
For the purposes of this chapter, ~Enforcement
OfficialUpr~ncipal supervisor of a department or a division of a
department) to which a code enforcement officer empowered .to
issue administrative citations under this chapter is assigned.
uvau=u ii, ......Ch=pL=a
1 12 040 .......................
990430 syn 0043699
2
wily t"=,~a~=~, and .-i,=ii ~u,,L~i,, all
th=~eeLiun w=~ vlol=L=d.
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..... ffi .....
i~dl...v id~=l~, i~ . kn~w~ L~ Lh=..,.
~,~u~= iildividu=l~ b~~=a Lifi=d a’Lail,
tu iuu=t= the~u~ili=~ ......uw-ii=x and
i~u= Lib= ’ " ’ " " =.i ......L=aLZv= ¢iL=LiuuJ.J.IU..L V ~.~=~.Ci.U.ILL.kLJ..L :-4 ¯
990430 syn 0043699
Ch=pte~ 1 16 Lu b~ ~v=d u** Lh~ ; ’ " "
1.12.050(~), Lh~ noLio~ ~h=ll be d=e,~ed =££~eLiv= u~= d=~ afLe~
po~ Li,i9 .
1.12.030 Administrative citation.
(a) Whenever a code enforcement officer enforcement of any
provision of this code to which this chapter is applicable
determines that a violation of such code provision has occurred,
990430 sy~ 0043699
4
the .code enforcement officer shali have’ the authority to issue an
administrativecitation to any person responsible the violation.
~(b) Each administrative citation shall contain the
following information:
(I) 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 ~iolated¯and an abbreviated description of the acts or omissions
constituting the violation;
violation;
(4)The amount of the penalty for t~e code
(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 whicha request for
hearing -form to contest the administrative citation -may be
obta±ned; 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 ereate an
immediate danger to health or safety, the code enforcement.office~
shall provide a reasonable period of time not less than five
business days to correct or otherwise remedy the violation.
(d) An administrative citation may be served by personal
delivery on any person determined to be responsible for the
violation if the responsible person can be located. If the code
enforcement officer cannot readily locate a responsible party for
personal delivery of an administrative citation, then the citation
may be served by certified mail, postage prepaid, return receipt
requested, addressed to.a location reasonablY, calculated to. give
notice to the responsible party of the administrative..citation.
All 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, 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~.~eturned unsigned, then
service may instead be effected by .regular first class mail,
990430 syn 0043699
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.
1.12.040 Amount of administrative.penalties.
(a). The amounts of administrative penalties for code
violations imposed pursuant to this chapter shall be set forth in
the schedule of administrative penalties established by resolutio~
of the city council.
(b) The schedule ofadministrative penalties shall Specify
any increased penalties for repeat violations of the same code
provision by the same person within thirty-six months from the date
of an administrative citation.
(c)- The schedule of administrative penalties shall specify
the amount of any late payment charges imposed for the payment of
an administrative penalty after its due date.
1,12,050 Payment of administrative penalties..
990430 syn 0043699
6
(a) The administrative penalty -for an..administrative
citation shall be paid tothe city through its revenue collections
official within thirty calendar, days from the date.~ the
adminis£rative citationis served. If a hearing is requested
pursuant to Section 1.12.060, the administrative penalty 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
1.12.070.
(b) Any administrative citation penalty shall be
refunded in a’ccordance 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.
(c) Paymen~ of an. administrative penalty~ under this
chapter shall not bar e~orcement proceedings for any continuation
or.repeated occurrence of. any code violation thatis the subject of
anadminis~rative citation,
1.12.060 ~ear~ng 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 an advance deposit of
the administrative penalty or notice that a request for an advance
deposit hardship waiver has been filed pursuant to Section
1.12.0701
(b) A request for hearing form may be obtained from the
revenue collection official.
990430 syn 0043699
ic) The person requesting the hearing shall be notified
of the rimeand 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
wriiten 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.
1.12.070 Advance deposit hardship waiver.
(a) Any person who intends to request a hearing to contest
an administrative citation and who claims to be financially unable
to make the advance deposit of the fine as required in Sectio~
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.
(c) 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.
(d) The directorof 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 fullamount of the fine in advance of the
hearing.
990430 sy. 0043699
8
(e) if the director.of administrative services determines
not to issuean advance deposit hardship waiver, the person shall
remit the deposit to the city within ten days of the date of that
decisio~ in order.to secure the hearing.
(f) The director of administrative services shall issue
a wr±tten 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
shallbe 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.
1,12,080 Hearing officer.
The Enforcement Official shall designate a hearing officer
for the administrative citation hearing. The hearing officer may
be the Enforcement official Or any designee, including but not
limited to subordinate employees or persons retained for that
purpose, but shall not be the citing code enforcement officer.
’ ’ "~" " evi~ ~ ’’ -~=~L~ ~o~L=i~d ~
~UU~L.~*C~Th~"": ¯ ’ ’ ’ "-’ ’ ’ ’~lLL~ll~ ~ V ~
’ ’
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990430 ~n 0043699
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’i ’~" " ’ ........
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±~q,,=.~Lifi~ ’~~ ’ " "’’
1.12.0 9 0 He. aring, procedures.
(a) No hearing to contest an administrative citation
before’a hearing officer shall be.noticed unless the administrative
penalty has been deposited in advance in accordance with Section
1.12.060 or an advance deposit hardship waiver has been issued in
accordance with Section 1.12.070.
(b) A hearing before the hearing officer shall.be set for
a date that is not less than fifteen days and not mere than sixty
days from the date that the request for hearing is filed in
accordance with the provisions of this chapter. The. party
contesting the administrative citation may request one continuance
for any reason, provided that the hearing officer is given the
request for continuance at least twenty four hours in advance of
the scheduled hearing and that the deferred hearing shall not be
deferred more thanninety days after the request for hearing was
made. A request for continuance made less than twenty four hours
before the scheduled hearing may be granted by the.hearing office~
based upon exigency only.
(c)At the hearing, the. party contesting the
administrative, citation shall be given the opportunity to testify
and to present evidence and cross-examinewitnesses concerning the
administrative citation. That contestant may appear personally or
through an attorney. Prehearing discovery is not authorized, but
subpoena Qf witnesses and documents shall be permitted as
authorized by law. The hearing officer may conduct the hearing
informally, both as to rules of procedure and admission of
evidence, in any manner which will provide a fair hearing.
(d) The failure of any. recipient of an administrative
citation to appear at the administrative citation hearing or, in
the alternative, to present’written or demonstrative evidence shall
constitute an admission of the violation by the recipient and an
admission that. the amount of the administrative penalty is
appropriate as well as a failure to exhaust administrative
remedies that may bar judicial review.
990430 ~n 0043699
i0
(e) The administrative citation and any additional report
submitted by the code enforcement officer shall .conStitute
presumptive evidence of the respective facts contained in those
documents.
(f) The hearing officer may continue the hearing and
request additional information from the code enforcement officer or
.the recipient of the administrative citation prior to issuing a
written decision.
I..12.100 Hearing officer’s decision.
(a) After considering all the ~estimony. 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 Zhirty 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 hearing, the hearing officer shall make findings and issue a
decision regarding:
(2
The existence of the violation;
The extent of compliance with the order.
990430 syn 0043699
11
(d) The hearing officer shall issue written findings on
each violation. The findings shall be supported by evidence
received at the hearing.
(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.
(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 cancelling the administrative
citation, and if the administrative penalty was deposited with the
city, then the city shall promptly refund the amount of the
deposited administrative penalty, together with interest at the
average rate earned on the city’s portfolio for the period of time
that the administrative penalty 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 citatio~
penalties upheld by the hearing officer.
070
1.12.130 Administrative penalties.
990430 m!n 0043699
12
(a) The hearing officer may impose administrative
penalties in an amount not to exceed the maximum provided in the
schedule of administrative penalties adopted by Council resolution
in effect on the date when the violation occurred.
(b) In determining the amount of the administrative
.penalty, the hearingofficer may take any or all of the following
factors intoconsideration:
(i) The duration of the.violation;
(2) The- frequency, recurrence, and number of
violations, related or unrelated, bY the same violator;
(3)The seriousness of the violation;
into compliance;
(5)
community;
(6)
The good .faith efforts of the violator to come
The .economic impact ofthe violation on the
Such. other, factors as justice may require.
(c) Late payment charges shall accrue and be payable in
the amount and by the terms specified in the schedule of
administrative penalties.
(d) Administrative penalties Sustained by the hearing
officer are a debt owedto the city and in addition to all other
means of enforcement, if the violation concerns the condition of
real property, may be enforced by means of a lien against the real
property on which the violation occurred in accordance with section
1.12.180. Failure to pay administrative penalties within the time
allowed under this chapter shall constitute a violation of thi~
code p~nishable as a misdemeanor.
1.12.140 Administrative costs.
(a) The hearing officer may assess administrative costs
against the violator When the hearing officer determines that a
violation has occurred and that compliance was not achieved.
(b) Administrative costs may include any and all costs
incurred by the city (both direct and indirect costs) in
investigating and commencing administratlve proceedings for the
violation as well as any and all costs incurred by the city in
connection with the hearing before the hearing officer, including
but not limited to costs of the code enforcement officer incurred
in preparation for the hearing and for participating in the hearing
itself and costs of the city to conduct the hearing. Failure to
pay administrative costs in the amount specified in the
administrative hearing officer’s decision on or before the date
specified .in that decision shall consti£~te a violation of this
990430 syn 0043699
13
code punishable as a misdemeanor and shall further be subject to
collection and late charges as otherwise provided for
administrative penaltiesherein.¯
1.12 180 C~li~t±~, ~£ ......t.~v~ -
I=L= p,=y,,,~,,t ’’ ’’
1.12.150 Failure to pay administrative penalties and
costs.
Failure to pay the assessed administrative penalties and/or¯administrative costs specified in a hearing officer’s dec&sion may
be enforced as:
¯(i) A personal obligation of the violator; .and/or,
¯(2) If the violation is in connection with real
property, a lien upoh the real property in accordance with section
1.12.180, which shall remain in effect...until all of the
admznzstratlve penalties, interest~ and administrative costs are
paid in.full; and/or,
(3) A criminal misdemeanor.
1.12.160 Judicial review.
Any person subject to a decision of the hearing officer may
obtain review of the decision in the appropriate court pursuant-to
the provisions of California Government Code .section 53069.4.
The administrative order shall provide notice .of this right of
judicial review and the time allowed therefor by law.
1.12.200 F=il-~-e to uou,piy will, =dL,i~i.~L~=tlve old=-’ o,’ pay
=du,i~i~ txatl.v~ fi,,e. 1
]~,~’J I,L I I r ~ LU I+~ 0 t L L.,L~ 1 ,,~ ’’ ’ ~.I~’w-~.-,,=u.m--,-=L~,-,t-v= u~-’d=~.’ &ft=~.
=v=-l~ble tu W=I’~ ¯ CUI.I.I.p.L.--a.ZJ.U;~=W"L.,£,I. L,.Z~.= =UI.I.I.,..,L,I.,I...I.~L.-o.,.U--V=, U’U~:" ,
¯ 1.12.170 Collection of administrative civil penalties.
990430 syn 0043699
14
The city may collect the assessed administrative penalties
and administrative costs by use of all available legal means,
including recordation of a lien pursuant to the provisions of this
chapter.
1.12.180 Lien procedure.
(a) Whenever the .amount .of any administrative penalty
and/or administrative cost imposed pursuant to this chapter in
connection wi.th real property has not been satisfied in full within
ninety days after the administrative penalty and/or administrative
cost imposition becomes final, unless tolled by a timely request
for.judicial review pursuant to California Government Code section
53069.4 or reversed by court order, this obligation may constitute
a lien against any real property invol~ed where any violation was
determined to concern the condition of that real property.
(b) The lien ~rovided herein shall have no force ~dd
effect until recorded with the cOunty recorder. Once recorded, the
administrative order-shall have the force and effect and priority
of a judgment lien governed by the provisions of section 697.340 of
the California Code of Civil Procedure and may be extended as
provided in ~ections 683.110 through 683.220 of the California Code-
of Civil Procedure.
(c) Interest shall .accrue on the principal amount of the
judgment remaining unsatisfied pursuant to law.
(d) Prior to recording any such lie~, .the director of
administrative services shall prepare and.file with the city clerk
a report stating the amounts dueand owing.
(e) The city clerk shall fix a time, date, and place for
hearing such report and any protests or objections thereto by the.
city council.
(f) The director of administrative services shall cause
written notice to be served on each property owner whose interest
is disclosed by the current county equalized assessment roll not
less than ten .days prior to the time set for the hearing.
1.12.190 Public hearing and protests of proposed liens.
(a) Any person owning a legal or equitable interest in
real property proposed to be subject to a lien pursuant to Section
1.12.180 may file a written protest with the city clerk and/or may
protest orally at the city. council hearing..
(b) Each written protest or objection must contain a
description of the property in which the protesting party has a
legal or equitable interest and the grounds .of such protest or
objection. The grounds for protest or objection, and any evidence
or testimony submitted in support or ~in opposition to the
imposition of a lien, shall be confined to whether the amount of
990430 syn 0043699
15
any administrative penaltyand/or administrative, cost imposed was
satisfied in full within the time allowed by law and/or was
successfully challenged by a timely writ of mandate.
(c) The city council, after the hearing, shali adopt a
resolution confirming, discharging, or modifying the amount of the
lien based upon evidence produced at the’.hearing.
1.12.200 Recording of lien.
Thirty days following the adoption of aresolution by the
city council imposing a lien, the director of administrative
services shall file the same ,as a judgment lien in the office of
the county recorder of Santa Clara County. The lien may carry such
additional administrative charges as set forth by resolution of the
city council.
1.12.210 Satisfaction of lien.
Once payment in full is received by the city for
outstanding penalties and costs, the director of .administrative
services shall either record a notice of satisfaction or provide
any property owner or financial institution having .a legal or
equitable interest in the property with a notice of satisfaction so
they may record this notice with the office of the county recorder.
Such notice, of satisfaction shall cancelthe~city’s lien.
SECTION $, Chapter 1.16 of Title 1 of the Palo Alto
Municipal Code is amended in its entirety to read as follows:
Ch=pt=~ 1.16 ADHINISTRATIVE }ENALTIES - CONTINUING~
VIOLATIONS - COH~LIAI¢CE ORDERS
CHAPTER 1.16 ADMINISTRATIVE COMPLIANCE ORDERS
i. 16. 010 S~ope..
i. 16 020 ............. . .
Th= p~uv’i~iO~ uf S~uLiU~m 1.12.020, 1.12.0=O, 1.12.060,
~.mm.x~u, 1.12.140, 1.12.150, 1.12.170, 1.12.180, 1.12.1~0, =*ld
1.16.010 Applicability.
(a) This chapter provides for administrative remedies
which are in addition to all other civil legal remedies or which
are an alternative to any criminal.legal remedies which may be
pursued by the city to address any violation of Title.4, Title 5,
9904~0 syn 0043699
16
Title 6, Title 8, Title 9, Title 12, Title 15, Title 16, Title.17,
Title 18, or Title 22 of this code.
’(b) Use of the remedies, and procedures of this chapter
shall be at the sole discretion of the enforcement officials
authorized to. proceed under this chapter.
1.16.020 Enforcement Official -- Defined.
For purposes of this chapter~ "Enforcement Official" means
the.principal supervisor for any city department or division which
is charged with responsibility for enforcement of any provision of
this code. An.act authorized in this chapter to be conducted by an
Enforcement Officialmay be delegated by the Enforcement Official
toa subordinate employee or to any other person retained for that
purpose.
1.16.030 Compliance order.
(a) Whenever an Enforcement Official determines that a
violation ,exists regarding any provision of this code to which
this chapter is applicable and for which the Enforcement Official
is responsible for enforcement, the Enforcement Official may issue
a wmitten compliance order to any person responsible for the
violation
990430 syn 0043699
17
(b) A compliance order issued pursuant to .this chapter.
shall contain the following information:
(I) The date and location.of the violation;
-(2) The section of this .code violated and a
description o£ the violation;
(3) The action required to correct the violation;
(4) The time period after which administrative
penalties will begin to accrue if Compliance with the order has not
been achieved, and the amount of penalties that will begin to
accrue; in the case of continuing violations which pertain to
building, plumbing, electrical, or similar structural or .zoning
matters that do not create an immediate danger to health or safety,
the time period after which administrative penalties will begin to
accrue shall not be less than five business days;
(5) Either a copy of this chapter or an explanation
of the consequences of noncompliance with the compliance order and
a description of the hearing procedure and appeal process, for
.contest%ng the compliance order.
1.16.040 Method Of Service.
(a) All compliance, orders may be served by personal
delivery on any person determined to be responsible for the
violation if the responsible person can be located. If the
Enforcement Official cannot locate or effect service on a
responsible party for personal delivery of a .compliance order, then
the compliance order may be served by certified mail, postage
prepaid, return .receipt. requested, addressed to a location
reasonably calculated to give notice to the responsible_party.of
service of the administrative citation. All notices required by
this chapter to be served subsequent to ~service of a compliance .
order may be served either by personal delivery or by certified.
mail, postage prepaid, ’return receipt requested, and shall be
deemed effective on .the date 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; service by regular mail shall be deemed effective
on the date three days following deposit in the mail.
(b) Where a violation of code provisions respecting the
.condition of real property is involved, service by certified mail
of a compliance order or subsequent written notices authorized by
this chapter may be effected at the address as shown on the last
equalized county assessment roll.
(c) Where a violation of code provisions respecting the
condition Qf real property is involved and personal delivery or
service by mail upon the property owner is unsuccessful, service
990430 syn 0043699
18
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.
(d) 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.
1;16. GtO Co,.lali=,~C= O.’d=~
I£ tile di~=uLu~’ deL=i.,ii,=~ LhaL all vloi=Liu~.~
990430 syn 0043699
19
1.16.050 Hearing.
(a) If .the Enforcement Officiai determines that all
violations have been corrected within the time specified in the
compliance order or within any amended orders, the Enforcement
Official shall so advise each party to whom the compliance order
was addressed.
(b) If.full compliance .is not achieved within the time
specified in the compliance-order or within any amendedorders, the
Enforcement Official shall schedule a hearing before, the
Enforcement Official or a delegatee.
1.16.060 Notice of. hearing.
(a) Every notice of hearing on a compliance ordershall
contain the date~ time and place at which the hearing shall be
conducted. ¯
(b) Each hearing shall be set for a date not less than
fifteen days nor more than sixty days from the date of service of
the notice of hearing unless the hearing officer determines that
~he matter is urgent or that goodcause exists for an extension of
time. The party subject to the compliance order may request one
continuance for any reason, provided that the deferred hearing .
shall be conducted within ninety days after the date originally
scheduled for hearing; if the hearing officer determines that
compliance is urgently required to protect the public peace,
health, safety, or welfare, however, the hearing officer may deny
the extension of time.
(c) " Written notice of hearing shall be served on any
person to whom the compliance order was addressed.
(d) The hearing serves to provide the full opportunity of
a person subject to a cDmpliance order, to object to the
determination that a violation has occurred and/or that the
violation has continued to exist and/or .that the .person was not
responsible for the violation. The failure of any person subject
to a compliance order to appear a the hearfng or in the alternative
to present evidence for consideration at the ~hearing shall
constitute ~a failure to exhaust administrative remedies that may
bar judicial review.
1.016.070 Hearing -- Findings and order.
990430 syn 00436~)9
20
(a) At the place and time set forth in the notice of
hearing, the hearing officer shall conduct a hearing on the
compliance order. At the hearing, the party subject to the
compliance order shall be given the opportunity to testify andt0
present evidence and cross-examine, witnesses concerning the"
administrative citation. That contestant may appear personally or
through an attorney. Prehearing. discovery is not authorized, but
.subpoena of witnesses and documents -shall be permitted as
authorized by law. The hearing officer may conduct the hearing
informally, both as to rules of procedure and admission of
evidence, in any manner which will provide .a fair hearing.
(b) The ~earing officer shall consider any written or oral
evidence’consistent with ascertainment Of the facts regarding the
violation and compliance with the order.
(c) Within a reasonable time following the conclusion of
the hearing, the hearing officer shall make findings and issue a
decision regarding:
(i) The existence of the violation;
(2)The extent of compliance 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.
(e) If the hearing-officer finds by a preponderance of the
evidence that a violation has occurred and that the violation.was
not corrected within the time period specified-in the compliance
order, the hearing officer shall issue an administrative-order.
(f) If the hearing officer finds that no violation has
occurred or that the violation was corrected within the time period
specified in the compliance order, the hearing officer shall issu~
a finding of those facts.
1.16.080 Administrative order.
If the hearing officer determines that a violation occurred
which was not corrected within the time period specified in the
compliance order, the hearing officer shall issue an administrative
order which imposes any or all of the following:.
(a) An order to correct code vi61ations, including a
schedule for correction if appropriate;
(b)Administrative penalties as provided in this chapter;
1.16.1G0
Administrative costs as provided, in this chapter.
990430 syn 0043699 21
1.16.090 Administrative penalties.
(a) The hearing officer may impose administrative
penalties for each day during which a violation is maintained after
the date when compliance was ordered to be achieved, in an amount
not to exceed the .maximum provided in the schedule of
administrative penalties adopted by Council resolution effective on
the date when the violation occurred.
(b) In determining the amount of the administrative
penalty, the hearing officer may take any or all of the following
factors into consideration:
(I) The duration of the violation;
(2) The ¯frequency, recurrence, and number
violations, related or unrelated, by the same violator;
(3) The seriousness of the, vi61ation;
Of
990430 syn 0043699
22
(4)
into compliance;
The good faith efforts of .the violator to come
community;
(5)The economic impact of the violation on .the
(6) Such other factors as justice may require.
(c) Administrative penalties imposed by the hearing
officer shall accrue from the date specified in the compliance
order and shall cease to accrue on the date the violation is
corrected as determined by the Enforcement Official.
(d) The Enforcement Official may suspend the imposition
of applicable penalties for any period of time during which:
and,
(i) The violator has filed for necessary permits;
(2)Such permits are required to achieve
compliance; and,
|
(3) Such permit applications are actively pending
before the city, state or other appropriate governmental agency.
(e) Administrative penalties assessed by the hearing.
officer shall be due by the date specified in the administrative
order.
(f) ~dministrative penalties assessed by the hearing
officer are a debt owed to the city and in addition to all other
means of enforcement, if the violation concerns the condition.of
real-property, may be enforced by means of alien against the real
property on which the violation occurred. Failure to pay
administrative penalties within the time allowed under this chapter
shall constitute a violation of this code punishable as a
misdemeanor.
(g) If the violation is not corrected as specified in the
administrative order, administrative penalties shall continue to
accrue on a daily basis until the violation is corrected, subject
to the maximumamount set forth in the schedule of administrative
penalties.
(h) If the violator gives written notice to the
Enforcement Official. that the violation has been corrected and if
the Enforcement Official finds that compliance has been achieved,
the Enforcement Official shall deem the date of the final
inspection to be the date on which the Enforcement Official finds
that the violation was corrected.
1.16.100 Administrative costs.
(a) The Enforcement Official may assess administrative
costs against the violator when the Enforc@~ent official finds that
990430 syn 0043699 23
a violation has occurred and that compliance has not been achieved
within the time specified in the compliance order.
(b) The administrative-.costs may include any and all costs
incurred by the city in-connection with the matter before the
Enforcement Official, including but not limited to costs of
investigation, staffing costs incurred ’in preparation for the
.hearing and for the hearing itself, and costs for.all reinspections
necessary to enforce the compliance order.. Failure to-pay.
administrative costs within the time allowed under this chapter
shall constitute a violation of this code punishable as a
misdemeanor and shall further be subject to collection and late
charges as.otherwise Providedfor administrative penalties herein.
1.16.110 Failure to compiy with administrative compliance
order.
Failure to pay the assessed administrative penalties and/or
administrative cost~ specified in an administrative order may be
enforced as:
(I) A personal obligation Of the violator; and/or,
(2) If the violation is in connection with real
property, a lien upon the real property which shall remain in
effect until all of the administrative penalties, interest, and
administrative costs are .paid in full; and/or,
(3) A criminal misdemeanor.
1.16.120 Judicial review.
Any person subject to an administrative order issued
pursuant to this chapter may obtain review of the .administrative
order in the appropriate court pursuant to .the provisions of
California Government Code section 53069.4 by filing with the cour£
a notice of appeal. The administrative order shall provide notice
of this right of judicial review and th~ time. allowed therefor by
law.
1.16.130 Recovery of administrative civil penalties.
The city may collect the assessid administrative penalties
and administrative costs by use of all available legal means,
including recordation of a lien pursuant to the provisions of this
chapter.
1.16.140 Report of compliance after administrative order.
If the Enforcement Official determines that compliance has
been achieved after a.c6mpliance -order has been issued by the
Enforcement Official following hearing, the Enforcement Official
shall give notice to each party to whom the compliance order was
addressed indicating that compliance has been achieved.
990430 sya 0043699
24
i.16.150 Compliance dispute.
(a) If the Enforcement Official does not file a report of
compliance, a violator who contends that..compliance with an
adminis£rative order has been achieved may request a compliance
hearing before the city manager or designee by filing a request for
a hearing with the Enforcement Official issuing the administrative
compliance order.
(b) The compliance hearing shall be noticed and conducted
in the same manner as a hearing on a compliance order provided in
Sections 1.12.060 and 1.12.080 through 1.12.100 of this chapter.
(c) The city manager or designee shall determine if
compliance has been achieved and, if so, when it was achieved. The
decision of the city manager or designee shall, be final, subject
only to judicial review as provided by law. The decision shall
provide notice of the right of judicial review and the time allowed-
therefor by law.
1.16.160 Lien procedure.
(a) Whenever the amount of any administrative penalty
and/or administrative cost imposed pursuant to this chapter in
connection with real property has not been satisfied in full within
ninety days, unless tolled by a timely request for judicial review
pursuant to California Government Code section 53069,-4 or reversed
by court order, this obligation may constitute a lien against any
real property involved .where any violation was determined to
concern the condition of that real property.
(b) The lien provided herein shall have no force and
¯ effect until recorded with the county recorder. Once recorded, the
administrative order shall have the force and effect and priority
of a judgment lien governed by the provisions of Sections 697.340
of the California Code of Civil Procedure and may be extended as
provided in Sections 683.110 through 683.220 of the California Code
of Civil Procedure.
(c) Interest shall accrue on the principal amount of the
judgment remalning unsatisfied pursuant to law.
(d) Prior to recording any such lien, the director of
administrative services shall prepare and file with the city clerk
a report stating the amounts due and owing.
(e) The city clerk shall fix a time, date, and place for
hearing such report and any protests or objections thereto by the
city council.
(f) The director.of administrative services shall cause
written notice to beserved oneach property owner whose interest
is disclosed by the current county equalized assessment roll not
less than ten-days prior to the time set for the hearing.
1.16.170 Public hearing and protests.
990430 syn 0043699
25
(a) Any person owning a legal or equitable interest in
real property proposed to be subject to a lien pursuant to this
chapter may file a written protest with the city clerk and/or may.
.protest orally, at the~city council hearing. , .
(b) Each written protest or objection must contain a
description of the property in which the protesting party .has a
legal or equ.itable interest and the grounds of such protest or
objection. The grounds for protest, or objection, and any evidence
or testimony submitted in support or in opposition to the
imposition of a lien, shall be confined to whether the amount of
any administrative penalty and/or administrative cost imposed was
satisfied in full within the .time allowed by law and/or was
successfully challenged by a timely writ of mandate.
’ (c) The city council, after the hearing, .shall adopt a
resolution confirming, discharging, or modifying the amount of the
lien based upon evidence produced at the hearing.
1.16.180 Recording of .lien.
Thirty days following the adoption of a resolution by .the
city c~uncil imposing a lien, the director of administrative
services shall file the same as a judgment lien in ~the office of
the county recorder of Santa clara County. The lien may carry such
additionall administrative charges as set forth by resolution of.the
city council...
1.16.190 Satisfaction of lien.
Once payment in full is received by the city for
outstanding penalties and. costs, the director ofadministrative
services shall either record a notice of satisfaction or provide
any property Owner or financial institution having a legal or
equitable interest in theproperty with a notice of satisfaction so
they may record this notice with the office of the ’county recorder.
Such notice of satisfaction shallcancel the eity’s lien.
SECTION 4. The City Council finds thatthis ordinance is
not a .project for purposes of the California Environmental Quality
Act.
SECTION 5. This ordinance shall become effective upon the
commencement of the thirty-first day after the date of its passage.
SECTION 6. The City Clerk shall cause this Ordinance to
be published in a newspaper of general circulation.printed and
published in the county and circulated in the City within fifteen
days after its passage, in accordance with Section 36933 of the
Government Code, shall certify to the adoption and publication of
this Ordinance, and shall cause this Ordinance and its
¯ certification, together with proof of publication, to be entered in
the Book of Ordinances of the Council of this City.
990430 syn 0043699
26
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Mayor
~ity Manager
Police Chief
Fire Chief
Director of Public Works.
Director of Planning and
Community Environment
Director of Community Services
Director of Administrative
Services
990430 ~n 0043699
27
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE dITY OF PALOALTO
SETTING FORTHTHE ADMINISTRATIVE PENALTY SCHEDULE
~FOR CERTAIN VIOLATIONS OF THE PALO ALTO MUNICIPAL
CODE
4.04. 020
4. I0. 045
4 .10.050
4. i0. 055
4 .10.057
4.10.070
4. i0. 120
4 ,10.200
4.10.230
4.10.240
4.10.260
Daily report of seco_n.’d hand
Maintaining reports,:i..~ Second!ihand ~-~-~S.
Failure to make ~t s.~ond hana’~dealers.
4.10,270 Second hand goo~id f~r~--inspect~0n
4.18~040 Unlawful dog o~ ken~.
4.32. 020 Soliciting wi~t a P%~t
4.32. 060,Investigation ~ record~
4.32. 090 Acts .re~~urlng
4.32. I~[8-~ .He~s of ~sd~l-~at~on.
4.34 020~" -Pe=it re~d~-~~closlng out sale
4.39 030 .-._~d~b~ ala~i~~
4 42 020 of ~i’.~c convenience,
4 42 090 -:-pe~
4 42 10~._Taxi expired,
4 42 13:0(b) Taxi not displayed.
4 42.~60 of passengers,
4 42~200 Taxi re~lations.
4 5:t~,030 License~e~ired -bingo,
4,51. 050 Minors m:estricted - bingo
4.~51.,080 Staffing and operations - bingo.
4,51,110 Physical presence re~ired - bingo
4,.52.,020 License re~ired - billiards and bowling,
4,52~~.0~0 ~Mf~nors restricted - billiards and bowling,
4,:52.’060 -~ffensive conduct - billiards and bowling.
4,5~,.0-7.0~Interference w/emerg, access
billiards/bowling,4.54.030 (a) Permit required - massage establishment
4.54.060(a)Permit re~ired -massage tech,
4.54,130 Business name - massage,
4.55,030 License re~ired - adult entertainment,
The Council of the City of Palo Alto does resolve as
follows :-
SECTION 1. Standard Penalty. Except as:~’.-otherwise
specifically set forth in Section 2 below, t_~’~ administrative
penalty amount for a first violation of,<~,the P~:~to Municipal
Code shall be fifty dollars ($50.00) . _/~"- ......... -~ ,-.%~~,~,:~_.
I -~..~:-
SECTION 2, Non-Standard Pena~£~ies,~he ~~~r~eare
the Palo Alto Municipal Code sections~-s~e.~~ below:
License or pe~it re~ired.
~. ~-~’:~[~. $ 300License fees for pushcart vendo~ ~,~i:~-~: ~- 300
Regulations for sollcltors and peddlers.~:~:~-~-..-~,~:-~..350
Identification cards for sol~@~rs..~:~ .~,~Z0
Radiations for pushcart ve~6~i.~’~~:q.-~-~’~ 0.0
License re~ired - circus..~;~-~: ~..~:~<,:-;-:~~-~;:- 300
Arcade prohibited.--~:~,~ -: .......~.- i~
Pa~ brokers prohibited".. ’~; ~~.-
25O
250
250
250
250
250
250
25O
250
250
250
250
250
250
I00
i000
i000
250
25O
25O
25O
250
50
250
250
i000
250
25O
25O
i000
25o
25o
I000
990505 syn 0052233
4.56.030
4.56.120
"4.56.150
4.56.200
4.57.020
4.58.020
4 ,58.030
4.59. 010
4.59. 020
4.59.030
4.59. 040
4.59.050
4.59.070
4 59. 080
4 59. 090
4 59. 095
4 59. i00
4 59.1D5
5 12. 010
5.20.030
5.20. 040
5.20.050
5.20.080
5.20.130
5.20.16Q
5.20.180
5.20. 190
5.20.220
5.20.230
5.26.030
5.30.030
5.35. 020
6.08. 020
6.16. 010
6.16.080
6.16. i00
6.20.0106 20.020
6.20 030
6.20 040
6.20 045-
6.20 045
6.20 045
6.20 060
6.20.080
6.20.090>
6.2O. i00
6.20.110
6.20 ..120
6. 210~ 13 o
6.20. 140
6.20.150
6.24, 020
6.28.040
6 .:32. 010
6.32. 020
6. 312. 050
6.36. 010
8.04.02 0
8.04. 080
8.08. 010
License required - hot tub and sauna.
Business name - h6t tub and sauna.
Display of permit - hot tub and sauna.
Employment of persons < 18 - hot tub and
sauna.
Permit required - firearms sales.
Minors restricted - narcotics paraphernalia
shop
Regulations narcotics paraphernalia shop.
Pet shop requlrements.
Pet shop sanitation
Pet shop food
Pet shop notification.
Pet shop - sale of dangerous or wild animals
Dead animals.Permit required - pet shop and kenne~:-
Permit required - grooming shop.
Sales of kittens and puppies
Sales of raccoons. ~_
Sales of rabbits, chicks, ducklingsPermit required - refreshment stud,
Discarding solid waste.
Accumulatio~ of garbage.
Unauthorized bins, boxes, and con~i~ner~.
i000
250
250
250
I000750
750250
250250
250 ~’~’+
250
250
250
Number of containers required. ~-~ "=--:.---... 250
Maintenance of bins and boxes ~4- ~~:~i.~,.~,~ 250Spillage or leakage of solid waste.
No accumulation of solid waste~..<~..._ ~:.~.~::~50
NO burning, burial, or dump~.~t~solid wa~,~250Scavenging prohibited. ~!:~~.~i~.;~il-;.~.~<~i~:~ i00
NO trespassing in city~-~7~i~lT~-.,’-I .......x~"250Aerial release of pes~76~ides...~!~"<~;~!.:~’~.~.%~-~7"250Use of - Prooess lfood<250
Paper bag avallabllx~y requlred. ~- ..250
Interference wit~imal c~hrol officer,i00
No dog License.~:j~’2~,e,-
More than two ~_~’~".~:--~’
Leash Law ~-..~’
Animals at ~!arse.~];~-.~.~ ~fi’~.i "Sani tat io~~,i~ima i s.
~Ani me i s _~.~~+t~. enclos~r~;~i?.~
Nuisanc4 ~Dn :~i~ewalk.
¯ -An~-mal was~:e;i~em6Val - first offense.
Anima~ wastd-~remo~a~.~.- second offense.
Animal waste ~M~k~ third Offense.
Bees.:~clDs.e to ~~ line..,p~erm_ ~ _~I.e.q~_ ire d----~--~ ,, J~-ives tock
GoatS~i,,~t’~.~at large.
Number ~f~bir, ds kept.
Number of__Catskept.Permit ~e~uired - breeding animals.
Cat or dog in heat.
Barking dogs.
Vaccination required - animals.
Permft required - construction of stable.
Possession of dangerous or wild animals.
Keeping diseased animals.
Confining animals with rabies.
Dead animals in public.
Sales of certain animals.Permit required - tree work.
Interference with tree enforcement.Weeds as public nuisance,
75
100
75
75
i00
i00
I00
25
50
125
i0~
i00
i00
i00
i00
100
i00
100
100
250
5OO
50O
5OO
50O
25O
50O
50O
5O0
990505 syn 0052233
9 04. 010
9 04. 020
9 04. 030
9 08. 010
9 I0. 030 1
9 i0 040
9 10 050
9.I0 060(b)
9.10 060(c)
¯ 9.10 060(d)
9.10 060(e)
9.10.060 (f)
9.10. 060 (g)
9.10.060 (h)
9.10.060(I)
9.10.060 (k)
9.10.060(1)
9.12. 010
9.14.020
9.14.025
9.14 030
9.14 040
9.14 050
9.14 080
9.14 090
9.14 i00
9.22 010
9.26 020
9.28.010
9.28. 020
9.32.110
9.40. O20
9 44. 010
9 48 010
9 48 030
9 48 040
9 48 050
9 50 010
9 56 O30
9.60 030
9.60 050.
9.60 060
9.60 070-
9.74 030
9.78. 020
9.99. 040
12.08. 010
l~. os. ~.Q~o.
12.12. 010
12.16 ,’b30
12.20. 020
12.3.2,010
15 ; 04,0~2
15.04. 012
(10.3.44)
1.6.0~. 08:0
16 ..:04 . 095
16.04. 120
16.04. 140
16.08. 020
16.09 .-020
Open container in business district,i00
Open container in City parking lot.100
Open container near liquor store.100
Discharge of firearms/fireworks.I000
Residential property noise limits." I00
Commercial property noise limits,i00
Public property noise limits.100
Construction noise signs.250
Construction noise.250
Construction equipmen~ noise,i00
Residential power equipment noise.50
Leaf blower noise ....i00 ~...-
Street sweeping noise.~ 100 .~
Refuse collection noise.~!.~.,i0~
Safety device noise. -...... ~,~ ~i~’i~’~.~ ~.Publ~c parklng lot cleaning nolse. .~~
Business district, street cleaning n6i~.
Loudspeakers. . , ~ :~’ ~ ~ ~-~ i:~Smoking prohibited - public p±ace~.~~" ,~:~~..~v~-~ .i-~,.--.~-.
Smoking prohibited - me,ice loc~ons..~"~i~~-~’ ~~..~’.-~..:~
Smoking prohibited - city cars. ~"’~..~,.~.100’%~’q-~iZ.~.--~T,~.t~i~ .
Smoking prohibited - child care~a~-l.~ies,i00 :,~:i~~’~i~~ ¯
Smoking prohibited - restauran~s.~-~.~.~[~;,~_.I00
Location of tobacco vending machin~5~i ~:~i~.:~1000 "
Display of tobacco products. " ~4!~ ~-~5~;~:~:~[~500 "
Failure to post "No Smoking" sig~~ ~-~_~~~50-
Impersonating public officials. ~ -~.~i~~500
False representation as polic~ficer
Hetel ~est register re~i~,~;~-~&:~-250
Use of false name by hot~~"<~.~~[~ 50
Fort~etell~ng ~-’ ~7 :~..~>~.;~ ~ ~<.. .~,250
Landing axrcraft at o~er tha~~;i~.~:500
Solicitation prohibi~ - p~ic p~~t.. i00
Displaying goods on i~%dewal~~-~?~[:-? ~50
Operation of sidew~k eleven-Dr.~500
Throwing rubbi s~s t re~;. o,.~i 250
Obligation to ~ sid%~k. ~500
Graffiti prohibited on~lic ~erty.500
Abatement ~.p.-._ublic 500
Blocking 500
Placing Hall.500
~icycles ......City Hall.500
_Alc6holic ’b6~f~B prohibited - City Hall.i00
-Dis~riminat f~ ~~o~sing.250
Mosquito breed:~g~i~ces.500
News~rack viola6~6~~150
~Permit.:re~red m,.~ip~blic right of way.500
Remo~-~.i.~C~ Engineer monuments.500
Building ~on-public easement without permit,i000
Overhead,Wires~in underground districts.500
Providing;false information to City Utilities.500
Water use r~gulation.100
Violations of uniform Fire Code,250 unless
Otherwise
Specified
i000Failure to abate a hazard.
Violations of Uniform Building Code.500
Unlawful occupancy.500
Expiration of permit.500
Certificate of occupancy required.500
Violations of Uniform Plumbing Code.500
Permit required - industrial waste discharge.750
990505 syn 0052233
16.09.033
16.09.035
16,09.070
16.09,075
16.09.091
16.09.100
16.09.101
16.09.102
16.09.105
16.09.106
16.09.112
16 09.113
16 09.114
16 09.121
16 I0 020
16 I0 050
16 16 020
16 20 i00
16 20 ii0
16 20 210
16 24 080
16.28030
16.28,110
16.28,250
16.28.29016.28.3 o
16.32.010
16.36.050
16.36.060
16.40.090
16.40.180
16.42.090
16.45.070
16.46.060
16.47.050
16.52.0~0
17.04.020
17.10.030
17,10.14D
17.10.150
17.10.1%0
17.12.~i0
17.12-.060
17;~6.010
17;20.010
17.24.010
17.32.010
18,01..~80
1:8,.:88.~60
18;~0.I~0
22.04.030
Reports required ~ industrial waste permit 750
holders.
Training required - industrial waste permit 750
holders.
(b)Unlawful discharge into sewer.system.750
Discharge into manhole.750
Storage of hazardous materials,i000
Waste prohibitions.¯ ¯750
Discharge of copper-based root control 750
chemicals,
Grease disposal.750
Unpolluted wa~er.750
Discharge into storm drains.
Dental facility requirements.’, .750~
VeHicle service facility requirements~-,~5~Machine shop requirements.:,~-~.-~-~;7~
Prohibition against dilution.~50~
Construction of private sewer syst,~m.--
Permit required - private sewage ~System..5~0
Violations of National Electrical~Code.~-500
Prohibited locations - signs.~o -250
Fuel price gigns required.’-:’~,~:250
Non-compliance with sign ordinance,°v~;~,z 250
Fence violation.":;;, .......:~,~..~250Permit required - ~xcavation and S~’~.~I/500
22.04.150(a) Resident and.guests only " Foothills Park.
22.04.150(b) Entrance to park - Foothills Park.
22.04.150(c) In park after hours - Foothills Park.
22.04.150(d)Speed limit 20MPH - Foothills Park.
Excavation permit.
Maintenance of protective device~.
Protection of adjacent prope~_
Deposits of earth, rock,
Permit required - moving~~,.~~ ~--
Interference with~:.r~pair or~;demoliti~n work.500Failure to submit:s~eismiq.l~eport, ~250
Failure to pay ~.e~ - Stanfbrd Res.~.:.-~rch Park.250Failure to pacefee - Sa.~:;Antoni..p~.~ West 250
~Construc£ion,~,~;,.,flood haoz~r~500Storage of!~a£ardous ma~e~’ials - safety.500
:Permit requ!~.~d~-L~ik.t/nderground storage.500FiK~cial responslbi:lity undergro~d 500
Mcn~torins, . , ~ders~pu~d,~.,;,,, storage tanks.1000
- Unla~d~bandonm~nt - undergro~dstorage i000
Permit £e~ired hazardous waste s~orage.500
Hazardous waste storage .facilities.500
Hazardous materials management plan.250
Hazardous materials inventory statement.250
Hazardous waste discharge report.1000
Pe~it re~ired - storage of hazardous i000
,-;,materials.
.-Violation of zoning laws.
,SedUcing vehicles in residential zone.
" Tempora~ uses.
Compliance with park rules.
250
100
100
500
5OO
25O
250
5O
5O
50
5O
5O
990505 syn 0052233
22.04.150(e) Locked in after hours - FoothillsLPark.50
22.04.15.0 (f) Skateboards and motorcycles Foothills Park.50
22.04,150(g) Smoking on trails Foothills Park.250
22.04.150(h) Fires in Foothills Park.250
22.04.150(,I) Use of trails - Foothills Park,50
~i) Unleashed dog Foothills Park.i0022.04.150 -
22.04.155 Restraint of dogs..I00
22.04.160 Permit required - sales in parks.50
22.04.170 Violation of park use permit.100
-22.04.180 Sound in parks.50
22.04. 190 Unauthorized golf in parks.50
22.04.200 Unauthorized models and kites in parks.50
22.04.210 Parking in parks.30
22.04 220 Bicycle not permitted on trails..
22.04 230 Dumping in park..:.’ ~/5!_0_~..~
22.04 240 Interference with park use permit.,:---.
22.04 250 Park regulations.¯ .....
22.. 04 260 Discharge of weapons in park ~- ....15DD
22.04 270 Removal of flora or fauna.~~.500~- ..........
22.04 280 Removal of turf or soil.
22.04.290 Vandalism in .park.~?? -4~.~lO0~~i~i~!~!,,i~~,,;~~¯
22,04.300 Unlawful fire in city park ~"~";~ ~500
22.04.320 Parksclosed.~-:-~; ~-,: "50
22.04.321 {a) Skateboardlng in park after hours. "~. _.,~,. ,<~:-;-=.~50
22.04,322 Trespass at Rinconada Park pool. :~~-:~<~-~?~;~i~:50
22.04.330 klcohol in Cogswell Park.~i~~--~-~" ....i00
22.04. 331 Alcohol in Lytton Plaza,~ ......~.~ -
22.04,332 Alcohol in Johnson Park,,. -:---- .~:_.: :~~- ~000
22.04,333 Alcohol in Boulware Park.~. 0 "-:~;’[~-- ’[I00
22.04. 334 Alcohol in Scott St. Minipa~.~-;i :~-?-[:~jo ~.I00
22 04.335 Alcohol in Greer Park. ~:~? "~-~"10022 04. 336 (a) Alcohol in Riconada pa~~..I00
22 04.337 Alcohol in Mitchell ~rk._~--~,:._ _-i00
22 04.338 Alcohol in Robles Pa’~:k 4:,~,:"- ~ -i00
22 04.339 Alcohol in Hopkins~rk . ~,!~~ ....i00
i’’~ " ":~ "~":"’ ’22 04.340 Vehicles in par~-,.’,;~;,¢~¯:~_"~250
22 04.360 Open container ~;;~ark -i~.~a~coholi~everage.i0022 04. 370 Reckless driving/in par~~. . ~-~300
22 04.380 Unlawful r~diI~-oand to~in.,~~ks.I00
~i-~ECT.~ON ~!~;i~:~;~e.cond Violation. Except as otherwise
specifically ~set for~;~%.~ect~on 2 above, the penalty amount for
a second Violoation of~!~§~e section of the municipal code by the
same person-with~in a ~’hi~ty-six (36) month period shall be one
hundred fi~fty~<perceht (I~.%). of the penalty amount listed in thisResolution for ~a~i~.rs~..vzolation of. that municipal code section at
the time of the Second-violation.
" ¯ SECTION ~i~ Third Violation. Except as otherwise
specifically seZ forth in Section 2 above, the penalty amount for
a third and subsequent violation of the same municipal code section
by the same .person within a thirty-six (36) month period shall be
two.hundred percent (200%) of the ~penalty amount listed in this
Resolution for a first violation of’ that municipal code section at
the-time of the third or, as applicable, .subsequent violation.
SECTION 5. Delinquency Penalty.. Any penalty amountimposed pursuant to Chapters 1.12 or 1.16 of the Palo Alto
990505 syn 0052233
municipal code and. this Resolution shall be deemed delinquent if it
is not paid in accordance with the terms and provisions of Chapters
1.12 or 1.16. Any person who fails to pay to the City all or part
of the amount of any penalty imposed pursuant to the provisions of
Chapters 1.12 or 1.16 of the Palo Alto municipal code and this
Resolution on or before the date that said penalty amount is due
shall be liable for the payment of an additional delinquency
penaity. The delinquency penalty shall be equal to ten-percent
(10%) of the amount of the penalty remaining unpaid to the City per
month,, simple interest on the penalty amount, from thick, date the
penalty amount becomes delinquent until the~ date.i~that¯ all
delinquent penalty amounts are paid to the City~i%: ~.
SECTION 6. The Council finds ~£~a.t t~e .~:d~io~ of this
resolution does not constitute a project fo~ p~rposes of the
California Environmental Quality .~t, a~, ~the~.efore,. no
environmental assessment is required.’ ~ ~ ..... . -~ .
INTRODUCED AND PASSED:
AYES:
NOES
ABSTENTIONS:
ABSENT:
ATTEST:
C~ity Clerk
APPROIfED AS ~O
Senior Asst.
City Manager
Police Chief
990505 sy~ 0052233