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CC 2020-07-14_11a Administrative Citations_Uncodified Urgency Ordinance_PPCONSIDERATION OF Urgency ordinances regarding state and local covid-19 orders and adopting an administrative citation process for violations of the municipal code and city ordinances 7/14/2020 1 Administrative Citations California Government Code allows local agencies to issue citations and levy fines for the violation of their ordinances (Gov. Code §53069.4) Government Code includes a number of requirements for these types of citations and fines 7/14/2020 2 Administrative Citations Government Code requirements include: Adoption by the local agency by ordinance Fines limited to certain amounts based on the number of times cited for the same violation within the past 12 months Appeal procedure Hardship waiver process 7/14/2020 Hardship waiver allowed for repeat violators who have made a bona fide effort to comply with the first violation and for whom the payment of the additional fines would create an undue financial hardship 3 Administrative Citations Fine amounts established by resolution: $100 for the first offense $200 for the second offense within the same year $500 for each additional offense in the same year Fines for violations of building and safety codes: $130 for the first violation $700 for the second violation within a year $1,300 for the third violation in a year $2,500 for additional violations within two years if property is commercial, contains a building, and the violation is due to failure by the owner to remove visible refuse or to prohibit unauthorized use of the property 7/14/2020 Penalties Ten percent (10%) penalty for failure to pay fine by due date Fines are due 20 days after issuance of citation  7% interest charged for failure to pay within 60 days of issuance of citation 4 Administrative Citations Appeal Process Appeal must be filed within 20 days of citation issuance Fine must be deposited by appeal deadline Administrative hearing conducted by hearing officer identified by City Manager Decision of hearing officer may be appealed to the Superior Court 7/14/2020 5 Administrative Citations Why adopt an administrative citation process? Current code enforcement tools limited to: Letters requesting compliance Criminal citations Civil Litigation Administrative citations are: More effective than a letter Do not impose criminal penalty Less costly and time consuming for all parties than current civil and criminal tools Provide due process 7/14/2020 6 Administrative Citations Why an urgency ordinance? City’s current enforcement tools to respond to COVID-19 orders are severely limited State and County emergency public health orders issued to limit the spread of COVID-19 and mitigate threats to public health and safety All other cities in the County, and the County, have administrative citation ordinances in place Many have used these types of citations to enforce State and County orders 7/14/2020 7 Uncodified Urgency Ordinance re State and Local COVID-19 Orders Ensure that all State and County orders relating to COVID-19 are enforceable by City enforcement staff through all available enforcement mechanisms, including administrative citations Not specific to State’s face covering order, but would include this order 7/14/2020 8 Uncodified Urgency Ordinance re State and Local COVID-19 Orders City police officers and enforcement staff maintain prosecutorial discretion regarding citations Intend to seek voluntary compliance first Administrative citations may be issued for repeated noncompliance or refusal to comply 7/14/2020 9 Recommended Action Adopt the Uncodified Urgency Ordinance; adopt the Urgency Ordinance adding Chapter 1.18 to Title 1 of the Arroyo Grande Municipal Code; and adopt the Resolution establishing administrative fines and penalties. 4/5ths vote required for adoption of each of the two urgency ordinances 7/14/2020 10 Thank You 7/14/2020 11 Uncodified Urgency Ordinance re State and Local COVID-19 Orders What is an “uncodified” ordinance? Will not be added to the City’s Municipal Code Retains force of law under the terms of the ordinance Often used when the ordinance is limited in its application or effective time frame 7/14/2020 12