AgdaPkt 2000-02-28 - Laserfiche WebLink

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5ß-.í( ordinance gave code enforcement another tool to use in attempting to gain compliance with municipal, zoning, building, and housing codes. Under this ordinance, staff can respond to a violation by issuing an administrative citation instead of the usual infraction citation. There are many differences between the two choices, but probably the most significant is that the administrative citation is handled outside of the Municipal Court justice system. Both methods of citation have appeal rights. Code enforcement efforts in other jurisdictions have been very successful in using the administrative citation process in achieving code compliance and neighborhood beautification. When the City adopted the administrative citation system, it broadened the options for code enforcement by adding an informal civil remedy to the City Code, which in effect dacriminalized certain violations. b. Comparison of Administrative and Criminal Citations. i. Administrative Citation Under the administration citation system, when there is a violation of the City Code, an individual receives a courtesy notice describing the offense, the action necessary to correct the offense, and a deadline to comply without receiving an administrative citation. (The courtesy notice is not required in cases of health, safety and/or, public sanitation, such as a gas water heater in a sleeping area.) If the deadline passes and compliance is not achieved, an administrative citation is issued. The recipient of the administrative citation has 30 days to payor appeal. If the individual chooses to appeal, a deposit equivalent to the fine is paid (except in a hardship case) and the appeal is heard by a hearing officer who may be either an in-house staff member or an outside entity, such as a mediation service or retired judge. At the hearing, the party contesting the administrative citation is given the opportunity to testify and to present evidence and cross-examine witnesses concerning the administrative citation. The contestant may appear personally or through an attorney. Subpoena of witnesses and documents is 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. After considering all of the testimony and evidence submitted at the hearing, the hearing officer issues a written decision to uphold or cancel the administrative citation and the reasons for that decision. The decision of the hearing officer is final upon service on the responsible party, and is subject to judicial review as allowed by law. Within 10 days following the hearing, the hearing officer makes written findings and issues a decision on each violation regarding (1) the existence of the violation; and (2) the extent of compliance with the City's order to cease the commission of the City Code violation(s). The findings must be supported by evidence received at the hearing. If the hearing officer determines that the contestant committed the violation charged in the administrative citation, the amount assessed by the hearing officer becomes a debt to the City. The amount deposited with the City is applied to the debt. Any excess is refunded. If the hearing officer determines that the administrative citation should not be sustained, the City promptly refunds the amount of the deposited administrative penalty. ii. Criminal Citation Under the criminal citation system, when there is a violation of the zoning ordinance, for example, an individual is notified to correct the violation by a certain deadline. If the violation is not corrected by the deadline, various enforcement actions may be taken. Specifically under the criminal citation process: a notice of violation (with -9- ,~~ H' ~- ~ ~ T