9.24.110 Administrative Citations | Larkspur Municipal Code

9.24.110 Administrative Citations.

A. This section provides for administrative citations which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this code or other public nuisances. The fines and administrative penalties provided under this chapter are enacted under the authority of the City’s general police powers, and Government Code Sections 36901 and 38773.5. The City Manager, or any designated Enforcement Officer, shall have the authority to gain compliance with all provisions of this code. These powers include the power to issue a pre-citation notice, as described herein, the power to inspect public and private property, and to seek and employ whatever remedies are available under this code.

B. Definitions. For the purposes of this section, the following definitions shall apply:

Administrative Citation. An "administrative citation" is an official notification, on a form meeting the criteria of this section, of violation of any provision of this code. Administrative citations require correction of the identified violation(s) and impose penalties on the responsible person(s).

Person Responsible. A “person responsible” is any person an Enforcement Officer determines is responsible for causing, maintaining, committing, or allowing a violation of this code. A “person responsible” includes without limitation any person who exercises legal or physical control over a property or business premises in the City, such that the person responsible is capable of preventing or correcting violations of this code.

Pre-citation Notice. A "pre-citation notice" is an official notification, on a form meeting the criteria of this section, of violation of any provision of this code. Pre-citation notices require correction of the identified violation(s).

1. Whenever an Enforcement Officer determines that a violation of this code has occurred, the Enforcement Officer shall have the authority to issue an administrative citation to any person responsible for the violation, pursuant to the process outlined in subsection 3 of this section.

2. For ongoing violations of this code that create an immediate danger to health or safety, the Enforcement Officer may immediately issue an administrative citation without providing prior notice. Prior to issuing an administrative citation for a continuing violation of this code that does not create an immediate danger to health or safety, the Enforcement Officer shall serve a pre-citation notice on the person responsible containing the following information:

a. The date the violation was observed;

b. The address or a definite description of the location where the violation was observed;

c. The section of this code violated and a description of the violation;

d. The compliance date by which the violation shall be corrected or otherwise remedied, which shall be no less than seven (7) days and no more than sixty (60) days from the date the pre-citation notice was given, as determined to be reasonable by the Enforcement Officer;

e. A statement that if the violation is not corrected by the specified compliance date, that an administrative citation will be issued which imposes a fine, the amount of which will be specified;

f. The fine schedule for the violation(s); and

g. The name, signature, and department of the Enforcement Officer issuing the pre-citation notice.

3. Within a reasonable period after the time specified for correction of the violation contained in the pre-citation notice, the Enforcement Officer will conduct a follow-up inspection to determine whether the violation has been corrected. If the violation has not been corrected, the Enforcement Officer may issue an administrative citation that includes an administrative penalty in the form of a fine in accordance with subsection (D) of this section. Then, within a reasonable period of time to allow for correction of the violation in the sole discretion of the City, the Enforcement Officer will conduct another follow-up inspection. If the violation has not been corrected, the Enforcement Officer will issue a second fine in accordance with the amount of fines in this section. The Enforcement Officer will continue to conduct follow-up inspections to determine whether the noticed violations have been corrected and issue fines for noncompliance in accordance with this section until the violation has been corrected. After the issuance of the initial administrative citation, each time that an Enforcement Officer determines that a previously noticed violation has not been corrected shall constitute an additional violation of this code.

4. Each administrative citation shall contain the following information:

a. The date of the violation;

b. The address or a definite description of the location where the violation occurred;

c. The section of this code violated and a description of the violation;

d. The amount of the fine for the code violation;

e. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

f. An order requiring the correction of any continuing violation of the code and prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

g. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for the administrative citation may be obtained; and

h. The name, signature and department of the citing code enforcement official.

1. For any violation of the Larkspur Municipal Code not pertaining to local building or safety codes for which no other specific penalty is established, the fine imposed by an administrative citation for that violation shall be:

a. One hundred dollars ($100.00) for a first violation;

b. A fine of two hundred dollars ($200.00) for a second violation of the same provision of the Larkspur Municipal Code within one year of the first violation; and

c. Five hundred dollars ($500.00) for each additional violation of the same provision within one year of the first violation.

2. For any violation of the Larkspur Municipal Code pertaining to the local building or safety codes for which no other specific penalty is established the fine imposed by an administrative citation for that violation shall be:

a. One hundred thirty dollars ($130.00) for a first violation;

b. Seven hundred dollars ($700.00) for a second violation of the same ordinance within one year;

c. One thousand three hundred dollars ($1,300.00) for each additional violation of the same ordinance within one year of the first violation; and

d. Two thousand five hundred dollars ($2,500.00) for each additional violation of the same ordinance within two (2) years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is of a local building and safety code that is an infraction and is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

e. The City will make available a process for granting a hardship waiver to reduce the amount of the fine for a second or third violation of the same ordinance or local building and safety code that is an infraction upon a showing by the person responsible that the person responsible has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the person responsible.

3. Notwithstanding subsection (C)(3) of this section, pursuant to Larkspur Municipal Code Section 9.24.060, the Enforcement Officer may impose a fine for each day that an ongoing violation of this code occurs. In that event, each day that an ongoing violation has not been corrected shall be treated as a separate violation. If the Enforcement Officer elects to impose a fine for each day that an ongoing violation occurs, the pre-citation notice and administrative citation shall each state the method of calculating the fine.

4. Payment of the Fine. The fine specified in the administrative citation shall be paid to the City within thirty (30) days from the date of the administrative citation, even if the recipient of the administrative citation chooses to request a hearing to contest the administrative citation. In the event that the recipient of an administrative citation chooses to request a hearing to contest the citation, the recipient may apply for an advance deposit hardship waiver, as described in this section.

5. Requirements for Post-Hearing Refund of Fine. Any administrative citation fine paid pursuant to subsection (A) of this section shall be refunded in accordance with subsection (J) of this section 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 charged in the administrative citation.

6. Payment of a fine under this section shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.

1. Any recipient of an administrative citation may contest that there was a violation of this code, or that they are the responsible person, by completing a request for hearing form and returning it to the City Clerk or other person specified in the administrative citation within thirty (30) days from the date of the administrative citation, together with an advance deposit of the fine, except where an advanced deposit hardship waiver has been obtained in accordance with procedures adopted by the City Manager or designee.

2. A request for hearing form may be obtained from the department specified on the administrative citation.

3. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.

F. Administrative Hearing Officer. The City Manager shall designate an Administrative Hearing Officer who shall be an independent decision-maker and conduct the hearing on any contest to an administrative citation.

1. No hearing to contest an administrative citation before an Administrative Hearing Officer shall be held unless the fine has been deposited in or an advance deposit hardship waiver has been obtained in accordance with procedures adopted by the City Manager or designee.

2. The date of a hearing before the Administrative Hearing Officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for the hearing is filed in accordance with the provisions of this chapter. The date of the administrative hearing shall be no sooner than ten (10) days from the date that notice of the hearing is provided. Notice of the hearing shall be provided to the person(s) to whom the administrative citation was issued and, if the violations of this code described in the notice of violation relate to the condition of real property, shall be posted on the property where the violations occurred.

3. At the hearing, the party contesting the administrative citation, and the Enforcement Officer, shall be given the opportunity to testify and to present evidence concerning the administrative citation. Written testimony and arguments and evidence from the party contesting the administrative citation and the Enforcement Officer shall be submitted to the Hearing Officer at least five (5) days before the hearing. The Hearing Officer may limit the time for any person to present oral testimony.

4. The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

5. The administrative citation and any report submitted by the Enforcement Officer to the Administrative Hearing Officer shall constitute prima facie evidence of the respective facts contained in those documents.

6. The Administrative Hearing Officer may continue the hearing for good cause, and request additional information from the Enforcement Officer or the recipient of the administrative citation prior to issuing a written decision; provided, that the hearing shall not be continued for more than fifteen (15) days.

1. On the basis of a preponderance of the evidence, the Hearing Officer shall determine whether to affirm or dismiss the administrative citation.

2. Within fifteen (15) days after the conclusion of the hearing, the Administrative Hearing Officer shall issue a written decision to uphold or cancel the administrative citation and to uphold or modify the amount of the fine specified in the administrative citation and shall list in the decision the reasons for that decision. The decision of the Administrative Hearing Officer shall be final. The Administrative Hearing Officer’s decision shall include a statement that the recipient of the administrative citation has appeal rights.

3. The Administrative Hearing Officer’s decision shall include a statement that the person who received the administrative citation may contest the decision by filing a notice of appeal in accordance with the timelines and procedures specified in Government Code Section 53069.4.

4. If the Administrative Hearing Officer determines that the administrative citation should be upheld and the amount of the fine not modified, then the fine amount on deposit with the City shall be retained by the City.

5. If the Administrative Hearing Officer determines that the administrative citation should be upheld, including the amount of the fine, and the fine has not been deposited pursuant to an advance deposit hardship waiver, then the Administrative Hearing Officer shall set forth in the decision a schedule for payment of the fine, which shall not extend more than one hundred and eighty (180) days from the date of the decision.

6. If the Administrative Hearing Officer determines that the administrative citation should be canceled or that the amount of the fine should be reduced and the fine was deposited with the City, then the City shall promptly refund the amount deposited and the amount specified in the decision of the Administrative Hearing Officer, together with interest at the average rate earned on the City’s investment portfolio for the period of time that the fine amount was held by the City.

7. The recipient of the administrative citation shall be served with a copy of the Administrative Hearing Officer’s written decision.

I. Late Payment Charges. Any person who fails to pay to the City any fine imposed pursuant to the provisions of this section on or before the date that the fine is due shall be liable for a late payment charge, as set forth below, in addition to the amount of the fine:

Number of Days Overdue	Penalty
31–60 days after due date	10% of the balance due
61–90 days after due date	20% of the balance due
91 days or more after due date	20% of the balance due

J. Recovery of Administrative Citation Fines and Costs. The City may collect any past due administrative citation fine or late payment charge by use of all available legal means, including but not limited to recovery through a lien on the responsible party’s property pursuant to Government Code Section 38773.1 or through a special assessment on the responsible party’s property pursuant to Government Code Section 38773.5, if the violation occurred on the responsible party’s property. The City also may recover its collection costs, including reasonable attorneys’ fees, in any administrative citation process or civil action brought to collect administrative citation fines and late payment charges.

K. Right to Judicial Review. Any person aggrieved by the decision of an Administrative Hearing Officer on an administrative citation may obtain review of the decision by filing a notice of appeal with the Marin County Superior Court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.

1. The administrative citation, pre-citation notice, Administrative Hearing Officer decision, and all notices required to be given by this section shall be served on the responsible party. Notice shall be given either by personal delivery thereof to the person to be notified, or by deposit in the United States mail in a sealed envelope postage prepaid, addressed to such person to be notified at the person’s last known business or residence address as the same appears in the public records pertaining to the matter to which such notice is directed. Service by mail shall be deemed completed at the time of deposit in the post office.

2. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder. (Ord. 1062 § 14, 2022; Ord. 1040 § 2, 2019)