CC 2020-07-14_11a Administrative Citations_Uncodified Urgency OrdinanceMEMORANDUM
TO: CITY COUNCIL
FROM: BILL ROBESON, ACTING CITY MANAGER
WHITNEY MCDONALD, ACTING DEPUTY CITY MANAGER
TIMOTHY CARMEL, CITY ATTORNEY
SUBJECT: CONSIDERATION OF ADOPTION OF AN UNCODIFIED URGENCY
ORDINANCE PROVIDING THAT ALL STATE AND COUNTY ORDERS
AND REGULATIONS APPLICABLE WITHIN THE JURISDICTION OF
THE CITY OF ARROYO GRANDE AND ISSUED IN RESPONSE TO
COVID-19 AS BEING EXPRESSLY ENFORCEABLE BY CITY
OFFICIALS; AN URGENCY ORDINANCE ADDING CHAPTER 1.18 TO
TITLE 1 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO
ADMINISTRATIVE CITATIONS, FINES AND PENALTIES; AND A
RESOLUTION ESTABLISHING ADMINISTRATIVE FINES AND
PENALTIES
DATE: JULY 14, 2020
SUMMARY OF ACTION:
The proposed Uncodified Urgency Ordinance provides that State and County orders and
regulations relating to COVID-19 and applicable in the City, including the recent State
regulations relating to face coverings, would be enforceable by City staff. Such
enforcement would include administrative citations, in addition to criminal prosecution as
infractions or misdemeanors. In order to implement administrative citation enforcement,
a companion Urgency Ordinance adding Chapter 1.18 to Title 1 of the Arroyo Grande
Municipal Code (AGMC) would also be adopted, providing that violations of the AGMC
are subject to administrative citations and penalties. Additionally, a Resolution would be
adopted establishing the administrative fines and penalties.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There would be some impacts on City personnel associated with the initial implementation
of the Administrative Citation Ordinance, which would include the development of
appropriate forms and procedures. There would also be personnel resources needed to
conduct code enforcement through the use of administrative citations. Enforcement of
County and State COVID-19 Orders within the City will also generate uncertain costs,
depending on the nature and extent of the need for local enforcement of these State and
County orders during this time of local emergency.
RECOMMENDATION:
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.
Item 11.a. - Page 1
CITY COUNCIL
CONSIDERATION OF ADOPTION OF: AN UNCODIFIED URGENCY ORDINANCE
PROVIDING THAT ALL STATE AND COUNTY ORDERS AND REGULATIONS APPLICABLE
WITHIN THE JURISDICTION OF THE CITY OF ARROYO GRANDE AND ISSUED IN
RESPONSE TO COVID-19 AS BEING EXPRESSLY ENFORCEABLE BY CITY OFFICIALS;
AN URGENCY ORDINANCE ADDING CHAPTER 1.18 TO TITLE 1 OF THE ARROYO
GRANDE MUNICIPAL CODE RELATING TO ADMINISTRATIVE CITATIONS, FINES AND
PENALTIES; AND A RESOLUTION ESTABLISHING ADMINISTRATIVE FINES AND
PENALTIES
JULY 14, 2020
PAGE 2
BACKGROUND:
Concerns have been expressed regarding the enforcement of State and County orders
and regulations relating to the COVID-19 pandemic (the “COVID-19 Orders”) that are
applicable in the City, including the recent regulations issued by the California Department
of Public Health relating to the mandatory use of face coverings. Local law enforcement
may generally issue criminal misdemeanor citations for violations of these State or County
orders. However, additional enforcement options are currently limited in the City due to
the lack of express authority to issue fines by civil administrative citations. These types of
citations must be authorized by way of local ordinances, as allowed through State law.
Arroyo Grande has not adopted an administrative citation and penalty process, although
cities throughout the State have done so including every other city in San Luis Obispo
County. And, as opposed to issuance of criminal misdemeanor citations, which carry with
them the possibility of up to six months in jail, there is broader authority for City officials
to issue civil administrative citations, which carry fines but no possibility of incarceration.
In order to create the necessary enforcement mechanisms and have clear authority for
the City to enforce the State and County orders and regulations, which are applicable as
a matter of law within the jurisdiction of the City, staff and the City Attorney’s office have
developed two urgency ordinances. The first is an Uncodified Urgency Ordinance which
will clearly provide that State and County COVID-19 orders, rules, and regulations are
“acknowledged and declared to be requirements of the Arroyo Grande Municipal Code
(AGMC),” “adopted by reference into the AGMC” and subject to enforcement in
accordance with the provisions of the AGMC.
The second is an administrative citation ordinance (the “Administrative Citation
Ordinance”). For some time, staff and the City Attorney’s office have been in the process
of working on such an ordinance and intended to bring it forward to the City Council in
the next several weeks. An administrative citation ordinance will provide additional tools
for City enforcement staff to gain compliance for violations of the City’s Municipal Code.
Currently, the City’s enforcement tools are limited to civil remedies through the court
system and criminal citations. These options are costly for all parties and are often
inefficient, burdensome, and time consuming. Administrative citations that enable the City
to impose fines and penalties are likely to incentivize greater compliance in a more
efficient and less onerous fashion for all involved. For instance, administrative citations
may be used to help gain compliance for property-related violations, noise ordinance
violations, and other code enforcement and nuisance abatement concerns.
In addition, staff believes that enforcement of the COVID-19 orders without the ability to
issue administrative citations will be less effective. Criminal penalties for things such as
not wearing face coverings may also seem to be overly harsh. Staff believes that if
voluntary compliance cannot be achieved, an approach of seeking compliance through
Item 11.a. - Page 2
CITY COUNCIL
CONSIDERATION OF ADOPTION OF: AN UNCODIFIED URGENCY ORDINANCE
PROVIDING THAT ALL STATE AND COUNTY ORDERS AND REGULATIONS APPLICABLE
WITHIN THE JURISDICTION OF THE CITY OF ARROYO GRANDE AND ISSUED IN
RESPONSE TO COVID-19 AS BEING EXPRESSLY ENFORCEABLE BY CITY OFFICIALS;
AN URGENCY ORDINANCE ADDING CHAPTER 1.18 TO TITLE 1 OF THE ARROYO
GRANDE MUNICIPAL CODE RELATING TO ADMINISTRATIVE CITATIONS, FINES AND
PENALTIES; AND A RESOLUTION ESTABLISHING ADMINISTRATIVE FINES AND
PENALTIES
JULY 14, 2020
PAGE 3
the issuance of civil administrative fines is more reasonable than citing non-compliant
businesses and individuals with criminal misdemeanor charges.
In order to get an administrative citation process immediately in place so that it can be
used to enforce the COVID-19 orders, staff has redrafted the Administrative Citation
Ordinance to be an urgency ordinance, which would be effective immediately upon
adoption. Such urgency ordinances must contain a declaration of facts constituting the
urgency and require adoption by at least a four-fifths (4/5) vote of the City Council
pursuant to Government Code section 36937(b). As part of putting an administrative
citation procedure in place, it will also be necessary to adopt a resolution to provide for
the fines and penalties, and such a Resolution has also been drafted for City Council
consideration.
Staff fully intends to continue to follow the principle of seeking voluntary compliance with
the City’s Codes and regulations, and that approach will also apply to COVID-19 related
orders, regulations, and rules. The accompanying Administrative Citation Ordinance has
been prepared in an effort to strengthen the City’s code enforcement process. As
discussed below, the Administrative Citation Ordinance would establish new
administrative remedies, fines, and penalties.
ANALYSIS OF ISSUES:
The Uncodified Urgency Ordinance will provide express authority for City enforcement of
the COVID-19 orders, rules, and regulations, which are applicable as a matter of law
within the jurisdiction of the City, by using City law, including but not limited to through
application of the proposed Chapter 1.18 - Administrative Citations. The administrative
fines and penalties would also need to be established by adoption of a City Council
Resolution. Through passage of the Uncodified Urgency Ordinance, the State and County
COVID-19 orders, rules, and regulations issued now and in the future, to the extent they
apply within the jurisdiction of the City, would clearly be applicable and enforceable
pursuant to the authority provided to City authorities under the Arroyo Grande Municipal
Code, and administrative fines could then be levied against violators.
With regard to the Administrative Citation Ordinance, Government Code section
53069.4(a)(1) authorizes cities to levy administrative fines for Code violations and
provides as follows:
The legislative body of a local agency…may by ordinance make any
violation of any ordinance enacted by the local agency subject to an
administrative fine or penalty. The local agency shall set forth by ordinance
the administrative procedures that shall govern the imposition,
Item 11.a. - Page 3
CITY COUNCIL
CONSIDERATION OF ADOPTION OF: AN UNCODIFIED URGENCY ORDINANCE
PROVIDING THAT ALL STATE AND COUNTY ORDERS AND REGULATIONS APPLICABLE
WITHIN THE JURISDICTION OF THE CITY OF ARROYO GRANDE AND ISSUED IN
RESPONSE TO COVID-19 AS BEING EXPRESSLY ENFORCEABLE BY CITY OFFICIALS;
AN URGENCY ORDINANCE ADDING CHAPTER 1.18 TO TITLE 1 OF THE ARROYO
GRANDE MUNICIPAL CODE RELATING TO ADMINISTRATIVE CITATIONS, FINES AND
PENALTIES; AND A RESOLUTION ESTABLISHING ADMINISTRATIVE FINES AND
PENALTIES
JULY 14, 2020
PAGE 4
enforcement, collection, and administrative review by the local agency of
those administrative fines or penalties. Where the violation would otherwise
be an infraction, the administrative fine or penalty shall not exceed the
maximum fine or penalty amounts for infractions set forth in Section 25132
and subdivision (b) of Section 36900.
Amounts of fines are generally limited by whether a violation would have otherwise been
an infraction or a misdemeanor. Arroyo Grande Municipal Code Section 1.16.010
provides Code violations are misdemeanors, unless the Code declares them to be
infractions, but also provides authority for any misdemeanor to be charged by the City
Attorney as an infraction. Where the violation would have been an infraction, Government
Code Section 36900(b) provides that, aside from building and safety code violations, the
violator may be fined up to $100 for the first offense, $200 for the second offense within
the same year, and $500 for each additional offense in the same year. In 2018 the State
Legislature enacted AB 2598 which increases the fines for violations of building and
safety codes in Government Code Sections 25132 and 36900 to $130 for the first
violation, $700 for the second violation within a year, and $1,300 for the third violation in
a year. In addition, the new law authorizes a fine of $2,500 for additional violations within
two years if the property is commercial property, 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. The statutes also require a hardship waiver process 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.
The draft Administrative Citation Ordinance includes provisions to implement the
foregoing penalty amounts, and provide that the administrative fines are to be established
by City Council resolution. Some cities have adopted resolutions with penalty provisions
with varying amounts of fines for a long list of different violations, up to the statutory limits.
For example, the fine for a first violation of a leash law might be only $25. Others take a
simpler approach, and provide that violations are subject to the penalties set forth in the
statutes (e.g., $100 for the first offense, $200 for the second offense within the same year,
and $500 for each additional offense in the same year). Staff is proposing that the City
Council establish the fines in the amounts allowed by State law.
Government Code Section 53069.4 also contains a provision that requires that
administrative penalty ordinances provide a reasonable period of time for a person
responsible for correction of code violations that are building, plumbing, electrical, or other
similar structural or zoning issues, that do not create an immediate danger to health or
safety, to correct the violation. In 2018 the State Legislature also enacted AB 2164, which
authorizes the immediate imposition of administrative penalties for building, plumbing,
Item 11.a. - Page 4
CITY COUNCIL
CONSIDERATION OF ADOPTION OF: AN UNCODIFIED URGENCY ORDINANCE
PROVIDING THAT ALL STATE AND COUNTY ORDERS AND REGULATIONS APPLICABLE
WITHIN THE JURISDICTION OF THE CITY OF ARROYO GRANDE AND ISSUED IN
RESPONSE TO COVID-19 AS BEING EXPRESSLY ENFORCEABLE BY CITY OFFICIALS;
AN URGENCY ORDINANCE ADDING CHAPTER 1.18 TO TITLE 1 OF THE ARROYO
GRANDE MUNICIPAL CODE RELATING TO ADMINISTRATIVE CITATIONS, FINES AND
PENALTIES; AND A RESOLUTION ESTABLISHING ADMINISTRATIVE FINES AND
PENALTIES
JULY 14, 2020
PAGE 5
electrical, or other similar structural or zoning requirements if the violation exists as a
result of or to facilitate the illegal cultivation of cannabis. This new provision contains a
limited exception on the ability to impose immediate administrative penalties related to
cannabis cultivation if the violation is committed by a tenant. In such certain instances a
reasonable time for the correction or remedy of the violation must be provided prior to the
imposition of the administrative penalty.
A process for administrative review of the citations must be established by ordinance, and
is subject to basic due process requirements. Typically, after receiving an administrative
citation, local ordinances provide that the violator has the right to appeal to a hearing
officer by filing an appeal within an enumerated number of days. Some cities use
independent hearing officers. While that may increase the perception of fairness to the
appellant, such an approach incurs costs to the City. Another approach used by many
cities and which staff is proposing, is that review be by a City employee. Under the
proposed Ordinance, the City Manager has the authority to appoint the hearing officer.
This review method would be speedy, informal and relatively inexpensive for both the
appellant and the City. Typically, there are few administrative hearings since the facts
relating to City Code violations are usually straightforward and easy to establish.
To ensure fairness, any City employee involved in the issuance of the citation would be
disqualified from conducting the hearing. The hearing itself would be relatively informal.
The City's "file" would supply the evidence in support of the citation. The appellant would
appear in person. All City documents supporting the citation would, of course, be available
to the appellant prior to the hearing.
Prior to the hearing, it is required that the fine be remitted in advance, however, a
procedure is included to allow for a hardship waiver of that requirement. Also, as required
by Government Code Section 53069.4, anyone aggrieved by a decision of the hearing
officer may seek judicial review in San Luis Obispo County Superior Court in accordance
with the applicable requirements outlined in the Government Code.
Based on the existence of a local emergency, as declared by the City’s Director of
Emergency Services related to the COVID-19 pandemic, and a need for the immediate
preservation of the public health, safety and welfare, the City Council is asked to adopt
the Uncodified Urgency Ordinance and the Administrative Citation Ordinance as urgency
ordinances pursuant to Government Code Section 36937(b), so that both urgency
ordinances take effect immediately upon adoption.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
Item 11.a. - Page 5
CITY COUNCIL
CONSIDERATION OF ADOPTION OF: AN UNCODIFIED URGENCY ORDINANCE
PROVIDING THAT ALL STATE AND COUNTY ORDERS AND REGULATIONS APPLICABLE
WITHIN THE JURISDICTION OF THE CITY OF ARROYO GRANDE AND ISSUED IN
RESPONSE TO COVID-19 AS BEING EXPRESSLY ENFORCEABLE BY CITY OFFICIALS;
AN URGENCY ORDINANCE ADDING CHAPTER 1.18 TO TITLE 1 OF THE ARROYO
GRANDE MUNICIPAL CODE RELATING TO ADMINISTRATIVE CITATIONS, FINES AND
PENALTIES; AND A RESOLUTION ESTABLISHING ADMINISTRATIVE FINES AND
PENALTIES
JULY 14, 2020
PAGE 6
1.Approve staff’s recommendation and adopt the Uncodified Urgency Ordinance,
the Urgency Administrative Citation Ordinance adding Chapter 1.18 to Title 1
of the AGMC and the Resolution establishing administrative fines and
penalties;
2. Do not approve staff’s recommendations; or
3. Provide direction to staff.
ADVANTAGES:
Adoption of the Uncodified Urgency Ordinance will provide clear enforcement authority
for City enforcement of the State and County orders relating to COVID-19, which are
applicable as a matter of law within the jurisdiction of the City. The proposed
Administrative Citation Ordinance is comprehensive and intended to address violations
of the Arroyo Grande Municipal Code and other uncodified ordinances without a criminal
prosecution. It is a mechanism available to the City to address violations of its code and
other regulations. The Administrative Citation Ordinance encourages voluntary and
complete compliance with applicable laws in both a timely and cost effective manner for
the protection and benefit of the entire Arroyo Grande community. Adoption of the
Administrative Citation Ordinance as an urgency ordinance will make it immediately
available for use to enforce the COVID-19 orders, rules and regulations.
DISADVANTAGES:
While it is expected that once fully implemented the availability of administrative citations
will enhance the City’s code enforcement efforts and ultimately reduce costs, initially there
will be a need to develop appropriate forms and procedures, which will impact staff.
ENVIRONMENTAL REVIEW:
The Uncodified Urgency Ordinance and Administrative Citation Ordinances are exempt
from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), which is the general rule
that CEQA applies only to projects which have the potential for causing a significant effect
on the environment and CEQA does not apply where it can be seen with certainty that
there is no possibility that the activity may have a significant effect on the environment.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Item 11.a. - Page 6
ORDINANCE NO.
AN UNCODIFIED URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE PROVIDING
THAT ALL STATE AND COUNTY ORDERS AND
REGULATIONS, APPLICABLE WITHIN THE JURISDICTION
OF THE CITY OF ARROYO GRANDE, AND ISSUED IN
RESPONSE TO COVID-19, AS BEING EXPRESSLY
ENFORCEABLE BY CITY OFFICIALS
WHEREAS, in December 2019, an outbreak of respiratory illness due to a novel
coronavirus (a disease now known as COVID-19) was first identified in Wuhan City, Hubei
Province, China; and,
WHEREAS, COVID-19 is a respiratory disease that may result in serious illness or death
and is easily transmissible from person to person, and according to the federal Centers
for Disease Control and Prevention (“CDC”) as of June 24, 2020, there are over 2,336,615
confirmed cases of COVID-19 in the United States and over 121,117 deaths due to
COVID-19 in the United States; and
WHEREAS, on March 4, 2020, the Governor declared the existence of a state of
emergency in the State of California due to the threat posed by COVID-19; and
WHEREAS, on March 11, 2020, the Director-General for the World Health Organization
declared that COVID-19 can be characterized as a “pandemic”; and
WHEREAS, on March 13, 2020, the President of the United States declared that the
outbreak of COVID-19 in the United States constitutes a national emergency; and
WHEREAS, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code,
the City Manager, in his capacity as the Director of Emergency Services, proclaimed a
local emergency on March 17, 2020 regarding the COVID-19 pandemic and the City
Council ratified the emergency proclamation through adoption of Resolution No. 4974 at
its regular meeting on March 24, 2020; and
WHEREAS, Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City
Council is to review the need for a continuing emergency declaration at regularly
scheduled meetings at least every twenty-one (21) days until the emergency is terminated
and in accordance with that requirement, the City Council has continued to determine that
a local emergency continues to exist throughout the City of Arroyo Grande; and
WHEREAS, the Governor, the State Public Health Officer, the San Luis Obispo County
Emergency Services Director, and the San Luis Obispo County Health Officer have
promulgated and issued, and will reasonably continue to promulgate and issue, various
orders, rules, and regulations concerning the COVID-19 state of emergency that are
applicable within the jurisdiction of the City of Arroyo Grande (“Orders”), pursuant to State
and County law, including but not limited to the California Emergency Services Act (Gov.
Code §§ 8550, et seq.) and the California Public Health & Safety Code; and
Item 11.a. - Page 7
ORDINANCE NO.
PAGE 2
WHEREAS, COVID-19 has rapidly spread throughout California, the County of San Luis
Obispo, and the City of Arroyo Grande, necessitating stringent public health emergency
orders as well as guidance from federal, State, and local authorities; and
WHEREAS, the COVID-19 pandemic continues to spread rapidly within California, the
County of San Luis Obispo, and the City of Arroyo Grande, continues to present an
immediate and significant risk to public health and safety, and can result in serious illness
or death, especially to vulnerable populations, including the elderly and those with
underlying health conditions; and
WHEREAS, heightened levels of public health and safety planning and preparedness
have been necessitated in preparation for and response to confirmed cases of COVID-
19 in the County of San Luis Obispo, and rapid response not lending itself to otherwise
applicable notice and approval timelines has been and will be necessary to respond to
the fast evolving pandemic and to mitigate against the spread of COVID-19 and its
resulting public health and safety impacts; and
WHEREAS, in the absence of such actions, County wide health services may become
overwhelmed and unable to keep up with medical demand for care and availability of
hospital or care facility capacity; and
WHEREAS, the health, safety, and welfare of City of Arroyo Grande (“City”) residents,
businesses, visitors, and staff are of utmost importance to the City; and
WHEREAS, Executive Order N-25-20, issued by Governor Newsom on March 12, 2020,
requires that all Californians follow public health guidelines and grants the State the ability
to enforce California Department of Public Health (CDPH) rules, and on June 18, 2020,
the CDPH issued “Guidance for the Use of Face Coverings,” which expressly
“…mandates that face coverings be worn state-wide in the circumstances and with the
exceptions outlined [therein]...” and which Governor Newsom has stated is mandatory in
nature; and
WHEREAS, as necessary for public health and safety, the City desires express authority
for City enforcement of the Orders (applicable as a matter of law within the jurisdiction of
the City), using City law, including but not limited to and through application of Chapter
1.18 (Administrative Citations), which is being adopted concurrently as an Urgency
Ordinance with this Ordinance, with administrative fines to be as established by City
Council Resolution, and Chapter 1.16 (Penalty Provisions) of the Arroyo Grande
Municipal Code, which provides for enforcement of violations as infractions and/or
misdemeanors; and
WHEREAS, the City Council desires to expressly provide, through passage of this
uncodified urgency ordinance, that State and County orders and regulations issued, and
to be issued, in response to COVID-19, to the extent they apply within the jurisdiction of
the City, are applicable and enforceable within City jurisdiction pursuant to the authority
provided to City officers and employees under the Arroyo Grande Municipal Code, and
that administrative fines and penalties may be levied daily against violators.
Item 11.a. - Page 8
ORDINANCE NO.
PAGE 3
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and incorporated herein
by this reference. The recitals, included in support of federal, State, and County actions
referenced herein, are adopted as though set forth fully herein as findings in support of
this uncodified urgency ordinance.
SECTION 2. Governor’s Executive Orders and State Directives. All directives included
in present and subsequent state of emergency Executive Orders concerning the COVID-
19 pandemic issued by the Governor of the State of California and the orders, rules, and
regulations issued by the State Public Health Officer and the California Department of
Public Health concerning the COVID-19 state of emergency, which are applicable as a
function of law within the jurisdiction of the City of Arroyo Grande, including, but not limited
to:
Executive Order N-25-20 which orders all residents to heed any orders and
guidance of State and local public health officials, including but not limited
to the imposition of social distancing measures, to control the spread of
COVID-19
The “Guidance for the Use of Face Coverings” issued by the California
Department of Public Health on June 18, 2020 are hereby expressly:
a. acknowledged and declared to be requirements of the Arroyo Grande
Municipal Code (AGMC), and
b. adopted by reference into the AGMC, and
c. enforceable within the City of Arroyo Grande pursuant to both the provisions
of Chapter 1.18 (Administrative Citations) and the provisions of Chapter
1.16 (Penalty Provisions) of the AGMC and violations are subject to
applicable fines and penalties.
SECTION 3. County Orders. All directives included in present and subsequent Orders
and regulations concerning the COVID-19 pandemic issued by the San Luis Obispo
County Emergency Services Director, the San Luis Obispo County Health Officer, or the
San Luis Obispo County Board of Supervisors, which are applicable as a function of law
within the jurisdiction of the City of Arroyo Grande, are hereby expressly:
a. acknowledged and declared to be requirements of the AGMC, and
b. adopted by reference into the AGMC, and
c. enforceable within the City of Arroyo Grande pursuant to both the provisions
of Chapter 1.18 (Administrative Citations) and the provisions of Chapter
Item 11.a. - Page 9
ORDINANCE NO.
PAGE 4
1.16 (Penalty Provisions) of the AGMC and violations are subject to
applicable fines and penalties.
SECTION 4. Conflict. Should the directives referenced in above Sections 2 and 3 conflict
in any manner, the stricter directive shall apply, unless expressly acknowledged otherwise
by both the Governor and the County, or unless as an operation of law.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have
adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions thereof may be declared invalid or unconstitutional.
SECTION 6. Urgency. Based on the foregoing recitals, including the recitals in support
of federal, State and County actions referenced herein, and all facts of record stated
before the City Council, the City Council finds and determines that the immediate
preservation of the public peace, health, and safety requires that this Ordinance be
enacted as an urgency ordinance pursuant to Government Code Section 36937(b), and
take effect immediately upon adoption.
SECTION 7. Effective Date. This Ordinance is hereby declared to be an urgency
measure and shall become effective immediately upon adoption by at least a four-fifths
(4/5) vote of the City Council pursuant to Government Code section 36937(b).
SECTION 8. Termination. This Ordinance shall remain in effect until repealed by action
of the City Council, or until the state of local emergency in the City concludes, whichever
occurs earlier.
SECTION 9. Publication. The City Clerk shall certify as to the passage and adoption of
this urgency ordinance, and shall cause the same to be posted at the designated locations
in the City of Arroyo Grande and/or be published and promulgated in as widespread a
manner as is reasonably feasible under the conditions prevailing during this local
emergency.
SECTION 10. CEQA. Under the provisions of the California Environmental Quality
Act (CEQA) Guidelines Section 15061 (b) (3), this urgency ordinance is covered by the
general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. Where it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the environment,
such as the adoption of the regulations contained herein, the activity is not subject to
CEQA.
Item 11.a. - Page 10
ORDINANCE NO.
PAGE 5
On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NAYS:
ABSENT:
the foregoing Ordinance was adopted this 14th day of July, 2020.
Item 11.a. - Page 11
ORDINANCE NO.
PAGE 6
_____________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
_____________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
_____________________________________
BILL ROBESON, ACTING CITY MANAGER
APPROVED AS TO FORM:
_____________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 11.a. - Page 12
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADDING CHAPTER 1.18 TO TITLE 1 OF THE
ARROYO GRANDE MUNICIPAL CODE RELATING TO
ADMINISTRATIVE CITATIONS AND PENALTIES TO BE EFFECTIVE
IMMEDIATELY IN ORDER TO PROVIDE FOR THE ENFORCEMENT OF
ALL STATE AND COUNTY ORDERS AND REGULATIONS,
APPLICABLE WITHIN THE JURISDICTION OF THE CITY OF ARROYO
GRANDE, AND ISSUED IN RESPONSE TO COVID-19
WHEREAS, the City of Arroyo Grande is committed to protecting its residents’ health,
safety, welfare, and quality of life; and
WHEREAS, effective code enforcement is vital to carrying out this commitment; and
WHEREAS, it is critical that the City have a full range of tools and remedies available to
ensure compliance with local laws and, when necessary, penalize violators who fail to
comply with those laws; and
WHEREAS, the City is authorized by Government Code Section 53069.4 to make the
violation of any ordinance enacted by the City subject to the imposition of administrative
fines or penalties; and
WHEREAS, the provisions of the Arroyo Grande Municipal Code adopted by this
Ordinance to provide for administrative citations and penalties will enhance and
streamline the City’s system of code enforcement and facilitate compliance with local
laws; and
WHEREAS, in December 2019, an outbreak of respiratory illness due to a novel
coronavirus (a disease now known as COVID-19) was first identified in Wuhan City, Hubei
Province, China; and,
WHEREAS, COVID-19 is a respiratory disease that may result in serious illness or death
and is easily transmissible from person to person, and according to the federal Centers
for Disease Control and Prevention (“CDC”), as of June 24, 2020, there are over
2,336,615 confirmed cases of COVID-19 in the United States and over 121,117 deaths
due to COVID-19 in the United States; and
WHEREAS, on March 4, 2020, the Governor declared the existence of a state of
emergency in the State of California due to the threat posed by COVID-19; and
WHEREAS, on March 11, 2020, the Director-General for the World Health Organization
declared that COVID-19 can be characterized as a “pandemic”; and
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WHEREAS, on March 13, 2020, the President of the United States declared that the
outbreak of COVID-19 in the United States constitutes a national emergency; and
WHEREAS, in accordance with Section 8.12.060 of the Arroyo Grande Municipal Code,
the City Manager, in his capacity as the Director of Emergency Services, proclaimed a
local emergency on March 17, 2020 regarding the COVID-19 pandemic and the City
Council ratified the emergency proclamation through adoption of Resolution No. 4974 at
its regular meeting on March 24, 2020; and; and
WHEREAS, Arroyo Grande Municipal Code Section 8.12.065(C) provides that the City
Council is to review the need for a continuing emergency declaration at regularly
scheduled meetings at least every twenty-one (21) days until the emergency is
terminated, and, in accordance with that requirement, the City Council has continued to
determine that a local emergency continues to exist throughout the City of Arroyo Grande;
and
WHEREAS, the Governor, the State Public Health Officer, the San Luis Obispo County
Emergency Services Director, and the San Luis Obispo County Health Officer have
promulgated and issued, and will reasonably continue to promulgate and issue, various
orders, rules, and regulations concerning the COVID-19 state of emergency that are
applicable within the jurisdiction of the City of Arroyo Grande (“Orders”), pursuant to State
and County law, including but not limited to the California Emergency Services Act (Gov.
Code §§ 8550, et seq.) and the California Public Health & Safety Code; and
WHEREAS, COVID-19 has rapidly spread throughout California, the County of San Luis
Obispo, and the City of Arroyo Grande, necessitating stringent public health emergency
orders as well as guidance from federal, State, and local authorities; and
WHEREAS, the COVID-19 pandemic continues to spread rapidly within California, the
County of San Luis Obispo, and the City of Arroyo Grande, continues to present an
immediate and significant risk to public health and safety, and can result in serious illness
or death, especially to vulnerable populations, including the elderly and those with
underlying health conditions; and
WHEREAS, heightened levels of public health and safety planning and preparedness
have been necessitated in preparation for and response to confirmed cases of COVID-
19 in the County of San Luis Obispo, and rapid response not lending itself to otherwise
applicable notice and approval timelines has been and will be necessary to respond to
the rapidly evolving pandemic and to mitigate against the spread of COVID-19 and its
resulting public health and safety impacts; and
WHEREAS, in the absence of such actions, County wide health services may become
overwhelmed and unable to keep up with medical demand for care and availability of
hospital or care facility capacity; and
WHEREAS, the health, safety, and welfare of City of Arroyo Grande (“City”) residents,
businesses, visitors, and staff are of utmost importance to the City; and
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WHEREAS, Executive Order N-25-20, issued by Governor Newsom on March 12, 2020,
requires that all Californians follow public health guidelines and grants the State the ability
to enforce California Department of Public Health (CDPH) rules, and on June 18, 2020,
the CDPH issued “Guidance for the Use of Face Coverings,” which expressly
“…mandates that face coverings be worn state-wide in the circumstances and with the
exceptions outlined [therein]...,” and Governor Newsom has stated that these face
covering mandates are mandatory in nature; and
WHEREAS, the City Council, concurrent with this Urgency Ordinance to add Chapter
1.18 - Administrative Citations to the Arroyo Grande Municipal Code, has also adopted
an uncodified urgency ordinance (the Uncodified Urgency Ordinance), that expressly
provides that State and County orders and regulations issued, and to be issued, in
response to COVID-19, to the extent they apply within the jurisdiction of the City, are
applicable and enforceable within City jurisdiction and that administrative fines and
penalties may be levied daily against violators; and
WHEREAS, in order to implement the Uncodified Urgency Ordinance and provide for
such administrative fines and penalties, it is necessary that Chapter 1.18 - Administrative
Citations, as set forth herein, be adopted by this Urgency Ordinance and become effective
immediately so that administrative fines and penalties can be used to enforce any
violations of State and County orders and regulations issued, and to be issued, in
response to COVID-19.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2. Chapter 1.18 is hereby added to Title 1 of the Arroyo Grande Municipal Code
to read as follows:
Chapter 1.18 – ADMINISTRATIVE CITATIONS
1.18.010 - Applicability and Scope
A. The provisions contained in this Chapter may be used at the sole discretion of
the City and constitute one remedy to address violations of the Arroyo Grande
Municipal Code. By adopting this Chapter, the City does not intend to limit its
discretion or ability to utilize any administrative, civil, criminal, or other remedy
available at law or equity, or any combination thereof, to address violations of
the City’s laws.
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B. This Chapter applies to a violation of any provision, restriction, or requirement
of this Code or any code adopted by reference herein, any ordinance of the
City, any rule or regulation promulgated pursuant thereto, and any condition
of any permit, license, or other entitlement issued pursuant to this code.
C. This Chapter establishes the administrative procedures for the imposition,
enforcement, collection, and administrative review of administrative penalties
pursuant to Government Code Section 53069.4.
D. Because serious code violations may impact public health, welfare, and safety
and the adequacy and safety of housing, this chapter is intended to impose
strict civil liability upon the owners of real property (or the owner of a business
where the violation is caused by or relates to the operation of a business) for
all violations of the Arroyo Grande Municipal Code which may occur in the City
of Arroyo Grande regardless of the existence of a specific or general intent or
prior knowledge of such violations and, further, regardless of any intent (or
lack thereof) to violate the Code.
1.18.020 - Definitions
Unless specifically defined below, words or phrases used in this Chapter shall be
interpreted so as to give them the meaning they have in common usage and to give
this Chapter it’s most reasonable application.
“Administrative citation” or “citation” means an administrative citation issued
pursuant to this Chapter to remedy a violation.
“Citee” means a person served with an administrative citation charging him or her
as a person responsible for a violation. A citee may be any responsible person, but
does not necessarily have to be every responsible person, at the discretion of an
enforcement officer.
“City Manager” means the City Manager of the City of Arroyo Grande or his or her
designee.
“Code” means the Arroyo Grande Municipal Code and any ordinance of the City.
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“Day” means a calendar day.
“Deposit” refers to a required sum of money that is to be paid to the City at such time
as a hearing is requested or an appeal is filed, which amount shall be set by the City
Council from time to time by resolution.
“Enforcement officer” and “officer” shall mean any City employee or law enforcement
personnel with obligations to enforce the Code or who has been designated by the
City Manager as authorized to enforce the Code.
“Hearing officer” means the person appointed by the City Manager to serve as the
hearing officer for an administrative hearing. The hearing officer may be a
department head, or his or her designee, or other disinterested person. The
employment, performance evaluation, compensation and benefits of the hearing
officer, if any, shall not be directly or indirectly conditioned upon the determinations
or the amount of penalties upheld or made by the hearing officer.
“Person” means a natural person or a legal entity, including, but not limited to, any
natural person or legal entity that is also an owner, tenant, lessee or other person
with any right to possession or control of the property where a violation exists.
“Responsible person” means a person who causes, or contributes to the cause of,
a violation or who allows a violation to exist or continue to exist, by his or her action
or failure to act, or whose agent, employee, or independent contractor causes a
violation or allows a violation to exist or continue. There is a rebuttable presumption
that any record owner of a property, as shown on the County’s latest equalized
property tax assessment rolls, and a lessee, occupier, or person in possession of a
property has notice of each and every violation existing on said property and/or has
the ability to correct or require the correction of violations on said property. For the
purposes of this Chapter, there may be more than one responsible person for a
violation.
“Violation” or “violates” refers to any violation of this Code or any other ordinance of
the City, including any codes adopted by reference as permitted by law, and any
violation of any condition imposed upon the issuance of any permit, license, or other
approval (e.g., subdivision map, use permit, variance, etc.) pursuant to this Code or
any other ordinance of the City. “Violation” or “violates” also means the failure to
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obtain a franchise, land use approval, conditional use permit, license, permit, or
other approval or decision from the City when such is required.
1.18.030 – Authority to Inspect
Enforcement officers are authorized to enter upon any property or premises within
the City to ascertain whether the ordinances of the City are being obeyed, and to
make any examination and surveys as may be necessary in the performance of their
enforcement duties, in accordance with Fourth Amendment of United States
Constitution and the related protections of the California Constitution. These
inspections may include the taking of photographs, samples, or other physical
evidence. All inspections, entries, examinations, and surveys shall be performed
reasonably and in accordance with law. If an owner or occupant of property or his or
her agent refuses to consent to entry and inspection, an enforcement officer may
seek an administrative inspection warrant pursuant to Code of Civil Procedure
Sections 1822.50 et seq.
1.18.040 – General Enforcement Authority
Enforcement officers may issue notices of violation and administrative citations,
inspect public and private property, and use whatever judicial and administrative
remedies are available under this Code and any other law to enforce the ordinances
of the City. More specific provisions regarding administrative or other enforcement
authority and procedures for particular violations may exist in this Code and shall, to
the fullest extent permissible, be construed to complement rather than contradict or
supplant this Chapter.
1.18.050 - Issuance of Administrative Citation—Contents thereof
A. Whenever an enforcement officer determines that a violation has occurred, he
or she may issue a citation on a City-approved form imposing an
administrative penalty to the responsible person(s) in accordance with the
provisions of this Chapter.
B. When the violation pertains to building, plumbing, electrical, or other similar
structural or zoning issues that create an immediate danger to health or safety,
a citation may be issued forthwith. In the absence of an immediate danger, a
citation for a violation pertaining to building, plumbing, electrical, or other
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similar structural or zoning issues shall not be issued pursuant to this Chapter
unless the responsible person has first been provided with a reasonable
period, as determined by the enforcement officer, in which to complete the
abatement or compliance actions.
Notwithstanding the foregoing and subject to the below provisions relating to
tenant-occupied-property, administrative citations may be immediately issued
pursuant to this Chapter for the violation of any building, plumbing, electrical,
or other similar structural, health and safety, or zoning requirement, if the
violation exists as a result of, or to facilitate, the illegal cultivation of cannabis.
For tenant-occupied-property, before an administrative penalty is imposed
pursuant to this subsection relating to cannabis cultivation, a rental property
owner shall be provided a reasonable amount of time to correct or remedy the
violation if he or she can provide evidence that all of the following are true:
1. A tenant is in possession of the property that is the subject of the
administrative action.
2. The subject rental property owner or agent can provide evidence that the
subject rental or lease agreement prohibits the cultivation of cannabis.
3. The subject rental property owner or agent did not know that the tenant
being issued the administrative citation was illegally cultivating cannabis
and no complaint, property inspection, or other information caused the
rental property owner or agent to have actual notice of the illegal cannabis
cultivation.
C. A citation may be issued for a violation not committed in the enforcement
officer’s presence if the enforcement officer has determined, through
investigation, that the citee did commit, or is otherwise responsible for, the
violation.
D. Each day, or any portion thereof, that a prohibited condition, use, or activity
under the code is committed, continued, or permitted shall constitute a
separate violation for which an administrative fine may be imposed. A single
citation may charge multiple violations of the Code; however, each violation is
subject to a separate and distinct administrative fine.
E. Each citation shall contain the following information:
1. Name and mailing address of the responsible person(s);
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2. The address or description of the location of the violation;
3. The date and approximate time of the commission of the violation(s), or
detection thereof by an officer;
4. The relevant provision(s) or section(s) of the Code alleged to have been
violated;
5. A description of the violation(s);
6. Amount of the fine for each violation, the procedure and place to pay the
fine(s) and/or reinspection fees, and any late penalty and/or interest
charge(s), if not timely paid;
7. When appropriate, the action(s) required to correct the violation(s), and, if
applicable, any deadlines or time limitations for commencing and
completing such action(s);
8. A description of the administrative citation appeal process and the manner
by which a hearing on a citation may be obtained (including information
regarding the form to be used, where it may be procured from, and the
period within which a request must be made in order to be timely);
9. The name and signature of the enforcement officer, and the signature of
the citee, if he or she is physically present and will sign the citation at the
time of its issuance. The refusal of a citee to sign a citation shall not affect
its validity or any related subsequent proceeding, nor shall signing a
citation constitute an admission that a person has committed a violation of
the Code;
10. A statement that the failure to timely tender the fine(s) and other fees,
costs, and/or charges imposed pursuant to this chapter may result in the
recordation of a lien, a delay in the issuance or renewal of any City license,
permit, or entitlement, and/or other collection efforts as allowed by law; and
11. Any other information deemed necessary by the City Manager.
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1.18.060 - Service of Administrative Citation
A. An administrative citation may be served either by personal delivery to the
citee or by first class mail through the United States Postal Service. The date
of personal service shall constitute the issuance date of a citation.
B. If served by first class mail, the citation shall be sealed in an envelope with
postage prepaid and addressed to the citee at his or her last-known business
or residence address as same appears in public records of the City, the San
Luis Obispo County Assessor’s office, and/or the Secretary of State. The date
a citation is deposited with the United States Postal Service shall: (i) constitute
its issuance date, and (ii) the date that service by mail shall be deemed to have
been completed.
C. If an agent, manager, or representative of a responsible person is personally
served with a citation, a copy thereof shall also be served by first class mail to
the responsible person at his or her last-known business or residence address
as same appears in public records of the City, the San Luis Obispo County
Assessor’s office, and/or the Secretary of State. In such instances, the date a
copy of the citation is deposited with the U.S. Postal Service shall: (i) constitute
its issuance date of a citation, and (ii) the date that service shall be deemed to
have been completed.
D. If service cannot be accomplished personally or by mail for citations involving
a real property-related violation of the Code, the officer shall post the citation
on the real property where the violation is alleged to have occurred. The date
of posting shall constitute the issuance date of a citation and the date on which
service is deemed to have been completed.
E. Any notice or order given pursuant to any provision of this Chapter shall be
served in the manner provided for in this section, unless otherwise stated.
F. Failure of a citee to receive a citation or notice shall not invalidate any fine,
late penalty charge, action, or proceeding that is imposed or brought pursuant
to this Chapter, if service was given in a manner stated in this section.
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1.18.70 - Notice of Pending Administrative Enforcement
The enforcement officer may record with the County Clerk-Recorder a notice against
a property that is the subject of enforcement. A notice of pending administration
action shall be on a form approved by the City Manager and shall describe the nature
of the administrative action and refer to the Code provision governing the pending
administrative action.
1.18.080 - Imposition of Administrative Fines, Late Fees, Interest Charges, and
Reinspection Fees—Payment and Collection of Fines, Fees, and other
Charges
A. The amounts of the fines imposed pursuant to this Chapter shall be set forth
in a schedule of fines established by resolution of the City Council. The City
Council may, by resolution, also impose escalating fines in amounts it deems
appropriate for repeat offenses of the same ordinance. The amounts of fines
may be modified from time to time by a resolution of the City Council.
B.
1. Except as provided in subsection 2 below, if a violation is otherwise
classified as an infraction under the Code, the administrative fine shall not
exceed one hundred dollars ($100.00) for a first violation, two hundred
dollars ($200.00) for a second violation of the same ordinance within a
twelve (12) month period of time, and five hundred dollars ($500.00) for a
third or greater violation of the same ordinance within a twelve (12) month
period of time, as set forth in subdivision (b) of Section 25132 and
subdivision (b) of Section 36900 of the California Government Code. The
amounts of such fines may be modified from time to time by a resolution of
the City Council, provided they do not exceed the limits allowed by State
law.
2. Notwithstanding any other provision of law, as provided in Government
Code Section 36900(c), a violation of any building and safety codes
adopted by the City and determined to be an infraction is punishable by the
following:
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a. A fine not exceeding one hundred thirty dollars ($130) for a first
violation.
b. A fine not exceeding seven hundred dollars ($700) for a second
violation of the same ordinance within one year.
c. A fine not exceeding one thousand three hundred dollars ($1,300) for
each additional violation of the same ordinance within one year of the
first violation.
d. For commercial property that has an existing building at the time of the
violation and where the owner failed to remove visible refuse or prohibit
unauthorized use of the property, a fine not exceeding two thousand
five hundred dollars ($2,500) for each additional violation of the same
ordinance within two (2) years of the first violation.
3. A fine levied for second or third violation of this section may be appealed
to the City Manager in writing within ten (10) calendar days of the date the
citation is issued based on a showing by the responsible party that the
responsible party has made a bona fide effort to comply after the first
violation and that payment of the full amount would impose an undue
financial burden on the responsible party. Regardless of the decision of the
City Manager, any party receiving a fine pursuant to this section for second
or third violations retains the right to an administrative hearing and to
appeal the citation pursuant to this Chapter.
C. In addition to any fine imposed pursuant to this Chapter, a reinspection fee
shall be assessed against any responsible person in an amount established
by resolution of the City Council if the responsible person does not timely and
completely correct or abate a violation (with all requisite approvals, permits,
licenses, and/or inspections) after having received notification from the City
to correct or abate same.
D. Failure to pay an administrative fine within the period specified on the citation
shall result in the assessment of a late penalty charge. The late penalty
charge shall be equal to ten (10) percent of the total fine owed (excluding any
reinspection fee).
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E. Failure to pay an administrative fine within sixty days of the issuance of an
administrative citation or, if contested, within sixty days of an order to pay
pursuant to a decision by a hearing officer or judicial officer confirming the
fine, shall result in the imposition of an interest charge at a rate established
by resolution of the City Council. Interest shall not accrue on a late penalty
charge or reinspection fee. The rate of interest may be modified from time to
time by resolution of the City Council.
F. Administrative fines, reinspection fees, late penalty charges, and any interest
due shall be paid to the City at such location or address as stated in the
citation, or as may otherwise be designated by the City Manager.
G. The due date for the City’s receipt of an administrative fine shall be twenty
calendar days from the issuance date of a citation. Thereafter, a late penalty
charge shall be due and owing, as well as interest, as imposed by this
Chapter.
H. Payment of an administrative fine shall not excuse or discharge a citee from
the duty to immediately abate a violation of the Code, nor from any other
responsibility or legal consequences for a continuation or repeated
occurrence(s) of a violation of the Code.
I. Abatement of a violation shall not excuse the obligation of a citee to pay an
administrative fine or any other charges, fees, or costs imposed as a result of
the issuance of a citation.
J. Unpaid administrative fines and other charges, fees, or costs imposed in
accordance with this Chapter shall constitute a debt that may be collected in
any manner allowed by law, including but not limited to the recordation of a
lien (secured or unsecured) with the County Clerk-Recorder’s office and/or
with the California Franchise Tax Board Inter-Agency Offset Program
(pursuant to Section 12419.10 of the California Government Code). The City
may also withhold issuance or renewal of any license, permit, or other
entitlement for any property or business whenever an administrative penalty
resulting from a Code violation at said property or business remains unpaid.
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K. The City shall be entitled to recover its attorney fees and costs arising from
an action to collect an administrative fine and other charges, fees, or costs
imposed in accordance with this Chapter if it is the prevailing party and
provided it made the election to seek attorney fees at the commencement of
the action. A citee shall be entitled to recover his or her attorney fees if the
City made the election to seek attorney fees at the outset of the action and
the citee prevails thereon.
1.18.090 - Right to an Administrative Hearing—Waiver of Advance Deposit of
Fine
A. Any citee may contest the violation(s), or that he or she is a responsible
person, by filing a request for an administrative hearing on a City-approved
form with the office of the City Clerk, within twenty calendar days from the
issuance date of a citation. If the office of the City Clerk does not receive the
request in the required period, the citee shall have waived the right to a
hearing and the citation shall be deemed final.
B. A request for a hearing shall contain the following:
1. The citation number.
2. The name, address, email address, telephone and any facsimile numbers,
of each person contesting the citation.
3. A statement of the reason(s) why a citation is being contested.
4. The date and signature of the citee(s).
C. No filing fee shall be charged for the filing of a request for a hearing.
D. Requests for a hearing shall be accompanied by an advance deposit of the
entire amount of the fine stated in the citation. Failure to deposit the entire
amount of the fine within the required period shall render a request for an
administrative hearing incomplete and untimely, in which case the citee shall
have waived the right to a hearing and the citation shall be deemed final.
Fines that are deposited with the City shall not accrue interest. Fines
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deposited shall be returned to the person tendering the fines in the event a
citation is overturned.
E. A citee who is financially unable to deposit the administrative fine with his or
her request for a hearing may complete a City-approved application form for
an advance deposit hardship waiver (hereinafter, “hardship waiver”). This
form and all required accompanying records shall be tendered, along with a
request for a hearing, to the office of the City Clerk, within twenty calendar
days from the issuance date of a citation.
F. To be considered for a hardship waiver, the application form must be
complete, signed, and accompanied by documents that enable the City to
reasonably determine the citee’s present inability to deposit the fine.
Documents suitable for consideration may include, without limitation,
accurate, complete, and legible copies of state and federal income tax returns
and all schedules for the preceding tax year, financial statements, loan
applications, bank account records, income and expense records for twelve
months preceding submittal of the waiver form, as well as other
documentation demonstrating the citee’s financial hardship. The City may, at
its sole discretion, request additional documents in order to determine a
citee’s financial ability to tender an advance deposit of the fine. Failure to
submit sufficient evidence of a citee’s financial inability to tender an advance
deposit of the fine shall result in a denial of the hardship waiver. The City may,
at a time chosen in its sole discretion and after a citation is final or confirmed,
destroy or discard the documents submitted by a citee for a hardship waiver
without prior notice to the citee.
G. Failure to submit a completed, signed hardship waiver form, along with
sufficient records that support a claim of financial hardship, shall render the
request for hearing incomplete and untimely. In this event, the citee shall have
waived the right to a hearing and the citation shall be deemed final.
H. The City Manager, or his or her designee, shall issue a written decision
regarding the application for a hardship waiver. If the hardship waiver is
denied, the written decision shall specify the reasons for not issuing the
hardship waiver. This decision is final and nonappealable. The decision shall
be served upon the person requesting the hardship waiver by first class mail.
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1. Approval of a hardship waiver shall result in the City setting a hearing
pursuant to Section 1.18.100.
2. If the City determines that the citee is not entitled to a hardship waiver, the
citee shall tender the full amount of the administrative fine to the office of
the City Clerk within twenty calendar days of the date the decision is
deposited with the U.S. Postal Service. In the event the City Clerk does
not receive the full amount of the fine in the required period (i) the request
for a hearing is rendered incomplete and untimely, (ii) the citee shall have
waived the right to a hearing and the citation shall be deemed final, and
(iii) a late penalty charge shall be imposed upon the administrative fine.
I. A timely request for a hearing shall not excuse a citee from the duty to
immediately abate a violation of the Code, nor from any other responsibility
or legal consequences for a continuation or repeated occurrence(s) of a
violation of the Code.
1.18.100 - Administrative Hearing—Procedures
A. An administrative appeal hearing shall be scheduled and conducted within
sixty calendar days of the date a timely and complete request is received by
the office of the City Clerk. A citee who files a request for an administrative
hearing to contest a citation (hereinafter, “appellant”) shall be notified in
writing by first class mail of the date, time, and location of the hearing at least
ten calendar days prior to the date of the hearing. The failure of an appellant
to receive a properly addressed notice shall not invalidate the citation or any
hearing or City action or proceeding conducted pursuant to this Chapter.
B. At the place and time set forth in the notification of administrative hearing, the
hearing officer shall hear and consider the testimony of the issuing officer, the
appellant(s), and/or their witnesses, as well as any documentary evidence
presented by these persons concerning the violation(s) alleged in the citation.
C. Administrative hearings are informal, and formal rules of evidence and
discovery do not apply. The City bears the burden of proof to establish a
violation and responsibility therefor by a preponderance of evidence. The
issuance of an administrative citation shall constitute prima facie evidence of
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the violation and the enforcement officer who issued the citation is not
required to attend or participate at the hearing. The appellant(s), and officer,
if present, shall have an opportunity to present evidence and witnesses and
to cross-examine witnesses. An appellant may bring an interpreter to the
hearing at the appellant’s sole expense. The hearing officer may question any
person who presents evidence or who testifies at any hearing.
D. An appellant may appear at the hearing in person or by written declaration
executed under penalty of perjury. Said declaration and any documents in
support thereof shall be tendered to and received by the office of the City
Clerk at least three City business days prior to the hearing. If the appellant
fails to attend the scheduled hearing, or to otherwise submit a written
declaration in a timely manner, the hearing officer shall cancel the hearing
and send a notice thereof to the appellant(s) by first class mail to the
address(es) stated on the appeal form. A cancellation of a hearing due to
nonappearance of the appellant shall constitute the appellant’s waiver of the
right to appeal. In such instances, the citation (and corresponding fine and
other applicable fees) shall be deemed final.
E. Hearings may be continued once at the request of an appellant or the officer
who issued the citation, or as deemed necessary by the hearing officer.
1.18.110 - Hearing Officer Decision—Right of Appeal Therefrom
A. After considering all of the testimony and evidence submitted at the hearing,
the hearing officer shall issue a written decision to uphold or overturn the
citation and shall state the reasons therefor. If the citation is upheld and the
violation has not been fully corrected as of the date of the hearing, the hearing
officer shall order correction thereof in the decision and provide a deadline to
complete said action(s). The decision of the hearing officer shall be final,
except for the right to appeal to the Superior Court pursuant to Government
Code Section 53069.4 and as further provided herein. If the citation is upheld
and the appellant did not deposit the fine at the time the appellant requested
an administrative appeal hearing pursuant to an approved hardship waiver,
the hearing officer shall also order the payment of the fine (and other
applicable penalties, fees, and costs) as set by City Council resolution within
twenty calendar days of the decision.
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B. The appellant(s) shall be served by first class mail with a copy of the hearing
officer’s written decision. The date the decision is deposited with the U.S.
Postal Service shall constitute the date of its service. The failure of an
appellant to receive a properly addressed decision shall not invalidate any
citation(s) or any hearing, City action or proceeding conducted pursuant to
this Chapter.
C. Decisions of the hearing officer are, in accordance with Government Code
Section 53069.4(b), appealable to the Superior Court within twenty days after
the date of their service. Each decision shall contain a statement advising the
appellant(s) of this appeal right. An appellant shall serve a copy of the court-
filed notice of appeal on the office of the City Clerk, by personal service or
first class mail within five calendar days of filing the original thereof.
D. If a hearing officer’s decision is not appealed in a timely manner, the decision
shall be deemed confirmed.
E. The Superior Court is the sole reviewing authority and an appeal from a
hearing officer’s decision is not appealable to the City Council. If a responsible
person prevails on appeal, the City shall reimburse his or her court filing fee,
as well as the fine deposit in accordance with the court judgment. These
monies shall be mailed to the responsible person within forty-five calendar
days of the City’s receipt of a notice of judgment or ruling from the Superior
Court clerk.
1.18.120 - Penalties
Failure of a citee to comply with a corrective action stated in any uncontested
citation, or with regard to a correction order in any hearing officer decision that is
deemed confirmed and not appealed to the Superior Court, shall constitute a
misdemeanor.
1.18.130 - Consideration in Other Proceedings
The City Council, Planning Commission, any other board or commission of the City,
and City staff may consider the fact that a person has been issued an administrative
citation when determining whether to grant, suspend, revoke, or deny any permit,
license, or other approval, regarding a matter related to the condition causing a Code
Item 11.a. - Page 29
ORDINANCE NO.
PAGE 18
violation, and may consider such administrative citation to be evidence that the
person has committed acts that threaten the health, safety, and welfare of the
general public.
SECTION 3. This ordinance is exempt from CEQA pursuant to CEQA Guidelines
Section15061 (b)(3) which is the general rule that CEQA applies only to projects which
have the potential for causing a significant effect on the environment and CEQA does not
apply where it can be seen with certainty that there is no possibility that the activity may
have a significant effect on the environment.
SECTION 4. The City Clerk shall certify as to the passage and adoption of this urgency
ordinance, and shall cause the same to be posted at the designated locations in the City
of Arroyo Grande and/or be published and promulgated in as widespread a manner as is
reasonably feasible under the conditions prevailing during this local emergency.
SECTION 5. Based on the foregoing recitals, including the recitals in support of federal,
State and County actions referenced herein, and all facts of record stated before the City
Council, the City Council finds and determines that the immediate preservation of the
public peace, health, and safety requires that this ordinance be enacted as an urgency
ordinance pursuant to Government Code Section 36937(b), and take effect immediately
upon adoption.
SECTION 6. Effective Date. This ordinance is hereby declared to be an urgency measure
and shall become effective immediately upon adoption by at least a four-fifths (4/5) vote
of the City Council pursuant to Government Code section 36937(b).
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
[Remainder of page left intentionally blank.]
Item 11.a. - Page 30
ORDINANCE NO.
PAGE 19
On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NAYS:
ABSENT:
the foregoing Ordinance was adopted this ____ day of July, 2020.
Item 11.a. - Page 31
ORDINANCE NO.
PAGE 20
___________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
___________________________________
BILL ROBESON, ACTING CITY MANAGER
APPROVED AS TO FORM:
___________________________________
TIMOTHY CARMEL, CITY ATTORNEY
Item 11.a. - Page 32
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE SETTING FORTH ADMINISTRATIVE
FINES AND PENALTIES FOR VIOLATIONS OF THE
ARROYO GRANDE MUNICIPAL CODE
WHEREAS, Government Code section 53069.4 authorizes a local agency to enact an
ordinance to make any violation of any ordinance enacted by the local agency subject to
an administrative fine; and
WHEREAS, Government Code section 53069.4 provides that the administrative fine for
a violation that would otherwise be an infraction must not exceed the maximum fine
amounts for infractions set forth in Government Code sections 25132 and 36900(b); and
WHEREAS, Government Code Sections 25132 and 36900(c) further provide that
notwithstanding any other provision of law, a violation of local building and safety codes
determined to be an infraction is punishable by: fines not exceeding one hundred thirty
dollars ($130) for a first violation; seven hundred dollars ($700) for a second violation of
the same ordinance within one year; and a fine not exceeding one thousand three
hundred dollars ($1,300) for each additional violation of the same ordinance within one
year of the first violation. Those provisions also provide for a fine not exceeding two
thousand five hundred dollars ($2,500) for each additional violation of the same ordinance
within two 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 due to failure by the owner
to remove visible refuse or failure to prohibit unauthorized use of the property; and
WHEREAS, the City of Arroyo Grande has adopted Chapter 1.18 “Administrative
Citations” of Title 1 of the Arroyo Grande Municipal Code, which provides that a violation
of any provision of the Arroyo Grande Municipal Code or any other ordinance of the City
may be subject to an administrative fine; and
WHEREAS, Arroyo Grande Municipal Code section 1.18.080 provides that the
administrative fines for any such violations shall be established by resolution of the City
Council, and provides that the schedules of fines may include escalating fines for
repeated code violations; and
WHEREAS, the administrative fines, penalties and interest set forth below are in
accordance with the limitations set forth in Government Code sections 25132 and 36900.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. The recitals set forth herein are true, correct and incorporated herein by this
reference.
Item 11.a. - Page 33
RESOLUTION NO.
PAGE 2
2. Except as provided in subsection 3, below, the following schedule of
administrative fines and penalties is adopted:
a. Every violation is punishable by a fine or penalty of one hundred dollars
($100) for a first violation in a twelve (12) month period;
b. Every violation is punishable by a fine or penalty of two hundred dollars
($200) for a second violation of the same ordinance in a twelve (12) month
period;
c. Every violation is punishable by a fine or penalty of five hundred dollars
($500) for each third or further violation of the same ordinance in a twelve
(12) month period.
3. As provided in Government Code Sections 25132 and 36900(c), a violation of
any building and safety codes adopted by the City is punishable by the
following:
a. A fine not exceeding one hundred thirty dollars ($130) for a first violation;
b. A fine not exceeding seven hundred dollars ($700) for a second violation of
the same ordinance within one (1) year;
c. A fine not exceeding one thousand three hundred dollars ($1,300) for each
additional violation of the same ordinance within one (1) year of the first
violation;
d. For commercial property that has an existing building at the time of the
violation and the owner failed to remove visible refuse or prohibit
unauthorized use of the property, a fine not exceeding two thousand five
hundred dollars ($2,500) for each additional violation of the same ordinance
within two (2) years of the first violation.
4. Failure to pay any administrative fine within the time period set forth in any
administrative citation shall result in the imposition of a late penalty in the
amount of ten percent (10%) of the administrative fine.
5. Upon a failure of the person liable therefore to pay any administrative fine and
late penalty within sixty (60) days of issuance of the administrative citation on
which the fine and late penalties were imposed, interest shall begin to accrue
on the fine at seven percent (7%) per year, compounded, from that sixtieth
(60th) day until the fine and late penalty are paid.
6. In addition to any fine imposed, an inspection fee of one hundred dollars ($100)
shall be assessed against any responsible person if he or she does not timely
Item 11.a. - Page 34
RESOLUTION NO.
PAGE 3
and completely correct or abate the violation for which the administrative fine
has been imposed after receiving notification to correct or abate the violation.
7. This Resolution shall be effective immediately upon its adoption.
On motion by Council Member _________, seconded by Council Member _______, and
on the following roll call vote, to wit:
AYES:
NAYS:
ABSENT:
The foregoing Resolution was passed and adopted this 14th day of July, 2020.
Item 11.a. - Page 35
RESOLUTION NO.
PAGE 4
___________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
___
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
_________________________________
BILL ROBESON, ACTING CITY MANAGER
APPROVED AS TO FORM:
___________________________________
TIMOTHY CARMEL, CITY ATTORNEY
Item 11.a. - Page 36