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O 708 ORDINANCE NO. 708 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 w. .3 ORDINANCE NO. 708 PAGE 2 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 ORDINANCE NO. 708 PAGE 3 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. ORDINANCE NO. 708 PAGE 4 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. ORDINANCE NO. 708 PAGE 5 "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 ORDINANCE NO. 708 PAGE 6 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 ORDINANCE NO. 708 PAGE 7 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); ORDINANCE NO. 708 PAGE 8 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. ORDINANCE NO. 708 PAGE 9 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. ORDINANCE NO. 708 PAGE 10 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: ORDINANCE NO. 708 PAGE 11 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). ORDINANCE NO. 708 PAGE 12 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. ORDINANCE NO. 708 PAGE 13 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 ORDINANCE NO. 708 PAGE 14 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. ORDINANCE NO. 708 PAGE 15 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 ORDINANCE NO. 708 PAGE 16 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. ORDINANCE NO. 708 PAGE 17 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 ORDINANCE NO. 708 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.] ORDINANCE NO. 708 PAGE 19 On motion by Council Member Storton, seconded by Council Member Paulding, and by the following roll call vote to wit: AYES: Council Members Storton, Paulding, George, Barneich, and Mayor Ray Russom NAYS: None ABSENT: None the foregoing Ordinance was adopted this 14th day of July, 2020. ORDINANCE NO. 708 PAGE 20 n , CAREN •AY -47 OM, MAYOR ATTEST: Lthao't - KELLY (tuitevot___ET/ORE, CITY CLERK APPROVED AS TO CONTENT: 413,:ie ',(314ae.DA BILL ROBESON, TING CITY MANAGER APPROVED AS TO FORM: c TIMOTHY CARMEL, CITY ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Urgency Ordinance No. 708 was passed and adopted at a regular meeting of the City Council on the 14th day of July 2020; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of July 2020. lita(41U0/1)— KELLY TRE, CITY CLERK