Suisun City City Council
November 21, 2023

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1.3 Contents of Agreement
This Agreement consists of Part I, Part II, and the following Exhibits:

EXHIBIT A: The approved owner’s PBV proposal. (Selection of proposals must be in accordance with 24 CFR 983.51.)
EXHIBIT B: Description of work to be performed under this Agreement, including:
 if the Agreement is for rehabilitation of units, this exhibit must include the rehabilitation work write-up and, where the PHA has determined necessary, specifications and plans.
 if the Agreement is for new construction of units, the work description must include the working drawings and specifications.
 any additional requirements beyond HQS relating to quality, design and architecture that the PHA requires.
 work items resulting from compliance with the design and construction requirements of the Fair Housing Act and implementing regulations at 24 CFR 100.205, the accessibility requirements under section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR 8.22 and 8.23, and accessibility requirements under Titles II and III of the Americans with Disabilities Act at 28 CFR parts 35 and 36, as applicable.

EXHIBIT C: Description of housing, including:
project site.
total number of units in project covered by this Agreement.



locations of contract units on site.
number of contract units by area (size) and number of bedrooms and bathrooms.


services, maintenance, or equipment to be supplied by the owner without charges in addition to the rent to owner.

utilities available to the contract units, including a specification of utility services to be paid by the owner (without charges in addition to rent) and utility services to be paid by the tenant.

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EXHIBIT D: The HAP contract.

1.4 Significant Dates
A. Effective Date of the Agreement: The Agreement must be executed promptly after PHA notice of proposal selection to the owner has been given. The PHA may not enter this Agreement with the owner until a subsidy layering review has been performed and an environmental review has been satisfactorily completed in accordance with HUD requirements.

B. A project may either be a single-stage or multi-stage project. A single- stage project will have the same Agreement effective date for all contract units. A multi-stage project will separate effective dates for each stage. _____ Single-stage project
i. Effective Date for all contract units:____________
ii. Date of Commencement of the Work: The date for
commencement of work is not later than ___________
calendar days after the effective date of this Agreement. iii. Time for Completion of Work: The date for completion of the work is not later than ______________calendar days
after the effective date of this Agreement.
_____ Multi-Stage Project
Enter the information for each stage upon execution of
the Agreement for the corresponding stage.

STAGE NUMBER

OF UNITS

EFFECTIVE
DATE

DATE OF

COMMENCEMENT

OF WORK

TIME FOR

COMPLETION

OF WORK

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1.5 Nature of the Work
_____ This Agreement is for New Construction of units to be assisted by the project-based Voucher program.
_____ This Agreement is for Rehabilitation of units to be assisted by the project- based Voucher program.

1.6 Schedule of Completion
A. Timely Performance of Work: The owner agrees to begin work no later than the date for commencement of work as stated in Section 1.4. In the event the work is not commenced, diligently continued and completed as required under this Agreement, the PHA may terminate this Agreement or take other appropriate action. The owner agrees to report promptly to the PHA the date work is commenced and furnish the PHA with progress reports as required by the PHA.

B. Time for Completion: All work must be completed no later than the end of the period stated in Section 1.4. Where completion in stages is provided for, work related to units included in each stage shall be completed by the stage completion date and all work on all stages must be completed no later than the end of the period stated in Section 1.4.

C. Delays: If there is a delay in the completion due to unforeseen factors beyond the owner’s control as determined by the PHA, the PHA agrees to extend the time for completion for an appropriate period as determined by the PHA in accordance with HUD requirements.

1.7 Changes in Work
A. The owner must obtain prior PHA approval for any change from the work specific in Exhibit B which would alter the design or quality of the rehabilitation or construction. The PHA is not required to approve any changes requested by the owner. PHA approval of any change may be conditioned on establishment of a lower initial rent to owner at the amounts determined by PHA.

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B. If the owner makes any changes in the work without prior PHA approval, the PHA may establish lower initial rents to owner at the amounts determined by PHA in accordance with HUD requirements.

C. The PHA (or HUD in the case of insured or coinsured mortgages) may inspect the work during rehabilitation or construction to ensure that work is proceeding on schedule, is being accomplished in accordance with the terms of the Agreement, meets the level of material described in Exhibit B and meets typical levels of workmanship for the area.

1.8 Work completion
A. Conformance with Exhibit B: The work must be completed in accordance with Exhibit B. The owner is solely responsible for completion of the work.

B. Evidence of Completion: When the work in completed, the owner must provide the PHA with the following:

1. A certification by the owner that the work has been completed in accordance with the HQS and all requirements of this Agreement.

2. A certification by the owner that the owner has complied with labor standards and equal opportunity requirements in the development of the housing. (See 24 CFR 983.155(b)(1)(ii).)

3. Additional Evidence of Completion: At the discretion of the PHA, or as required by HUD, this Agreement may specify additional documentation that must be submitted by owner as evidence of completion of the housing. Check the following that apply:
_____
_____
A certificate of occupancy or other evidence that
the contract units comply with local requirements.

An architect’s or developer’s certification that the
housing complies with:
_____ the HQS;
_____ State, local, or other building codes;
_____ Zoning;
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_____
_____
_____
The rehabilitation work write-up for rehabilitated
housing;
The work description for newly constructed
housing; or
Any additional design or quality requirements
pursuant to this Agreement.

1.9 Inspection and Acceptance by the PHA of Completed Contract Units
A. Completion of Contract Units: Upon receipt of owner notice of completion of Contract units, the PHA shall take the following steps:

1. Review all evidence of completion submitted by owner.

2. Inspect the units to determine if the housing has been completed in accordance with this Agreement, including compliance with the HQS and any additional requirements imposed by the PHA under this Agreement.

B. Non-Acceptance: If the PHA determines the work has not been completed in accordance with this Agreement, including non-compliance with the HQS, the PHA shall promptly notify the owner of this decision and the reasons for the non-acceptance. The parties must not enter into the HAP contract.

C. Acceptance: If the PHA determines housing has been completed in accordance with this Agreement, and that the owner has submitted all required evidence of completion, the PHA must submit the HAP contract for execution by the owner and must then execute the HAP contract.

1.10 Acceptance where defects or deficiencies are reported:

A. If other defects or deficiencies exist, the PHA shall determine whether and to what extent the defects or deficiencies are correctable, whether the units will be accepted after correction of defects or deficiencies, and the requirements and procedures for such correction and acceptance.

B. Completion in Stages: Where completion in stages is provided for, the procedures of this paragraph shall apply to each stage.

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1.11. Execution of HAP Contract
A. Time and Execution: Upon acceptance of the units by the PHA, the owner and the PHA execute the HAP contract.

B. Completion in Stages: Where completion in stages is provided for the number and types of units in each stage, and the initial rents to owner for such units, shall be separately shown in Exhibit C of the contract for each stage. Upon acceptance of the first stage, the owner shall execute the contract and the signature block provided in the contract for that stage. Upon acceptance of each subsequent stage, the owner shall execute the signature block provided in the contract for such stage.

C. Form of Contract: The terms of the contract shall be provided in Exhibit D of this Agreement. There shall be no change in the terms of the contract unless such change is approved by HUD headquarters. Prior to execution by the owner, all blank spaces in the contract shall be completed by the PHA.

D. Survival of owner Obligations: Even after execution of the contract, the owner shall continue to be bound by all owner obligations under the Agreement.

1.12 Initial determination of rents
A. The estimated amount of initial rent to owner shall be established in Exhibit C of this Agreement.

B. The initial amount of rent to owner is established at the beginning of the HAP contract term.

C. The estimated and initial contract rent for each units may in no event exceed the amount authorized in accordance with HUD regulations and requirements. Where the estimated initial rent to owner exceeds the amount authorized in accordance with HUD regulations, the PHA shall establish a lower initial rent tow owner, in accordance with HUD regulations and requirements.

1.13 Uniform Relocation Act
A. A displaced person must be provided relocation assistance at the levels described in and in accordance with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Agreement to Enter into a PBV HAP Contract
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(URA) (42 U.S.C. 4201-4655) and implementing regulations at 49 CFR part 24.

B. The cost of required relocation assistance may be paid with funds provided by the owner, or with local public funds, or with funds available from other sources. Payment of relocation assistance must be paid in accordance with HUD requirements.

C. The acquisition of real property for a project to be assisted under the program is subject to the URA and 49 CFR part 24, subpart B.

D. The PHA must require the owner to comply with the URA and 49 CFR part 24.

E. In computing a replacement housing payment to a residential tenant displaced as a direct result of privately undertaken rehabilitation or demolition of the real property, the term “initiation of negotiations” means the execution of the Agreement between the owner and the PHA.

1.14 Protection of In-Place Families
A. In order to minimize displacement of in-place families, if a unit to be placed under Contract is occupied by an eligible family on the proposal selection date, the in-place family must be placed on the PHA’s waiting list (if they are not already on the list) and, once their continued eligibility is determined, given an absolute selection preference and referred to the project owner for an appropriately sized unit in the project.

B. This protection does not apply to families that are not eligible to participate in the program on the proposal selection date.

C. The term “in-place family” means an eligible family residing in a proposed contract unit on the proposal selection date.

D. Assistance to in-place families may only be provided in accordance with the program regulations and other HUD requirements.

1.15 Termination of Agreement and Contract
The Agreement or HAP contract may be terminated upon at least 30 days notice to the owner by the PHA or HUD if the PHA or HUD determines that the contract units were not eligible for selection in conformity with HUD requirements.

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1.16 Rights of HUD if PHA Defaults Under Agreement
If HUD determines that the PHA has failed to comply with this Agreement or has failed to take appropriate action to HUD’s satisfaction or as directed by HUD, for enforcement of the PHA’s rights under this Agreement, HUD may assume the PHA’s rights and obligations under the Agreement, and may perform the obligations and enforce the rights of the PHA under the Agreement. HUD will, if it determines that the owner is not in default, pay Annual Contributions for the purpose of providing housing assistance payments with respect to the dwelling unit(s) under this Agreement for the duration of the HAP contract.

1.17 Owner Default and PHA Remedies
A. Owner Default
Any of the following is a default by the owner under the Agreement:

1. The owner has failed to comply with any obligation under the Agreement.

2. The owner has violated any obligation under any other housing assistance payments contract under Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).

3. The owner has committed any fraud or made any false statement to the PHA or HUD in connection with the Agreement.

4. The owner has committed fraud, bribery, or any other corrupt or criminal act in connection with any Federal housing
assistance program.

5. If the property where the contract units are located is subject to a lien or security interest securing a HUD loan or mortgage insured by HUD and:
a. The owner has failed to comply with the regulations for the applicable HUD loan or mortgage insurance program, with the mortgage or mortgage note, or with the regulatory
agreement; or
b. The owner has committed fraud, bribery, or any other corrupt or criminal act in connection with the HUD loan or HUD-insured mortgage.

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6. The owner has engaged in any drug-related criminal activity or any violent criminal activity.

B. PHA Remedies

1. If the PHA determines that a breach has occurred, the PHA may exercise any of its rights or remedies under the Agreement.

2. The PHA must notify the owner in writing of such determination.

The notice by the PHA to the owner may require the owner to take corrective action (as verified by the PHA) by a time prescribed in the notice.

3. The PHA’s rights and remedies under the Agreement include but are not limited to: (i) terminating the Agreement; and (ii) declining to execute the HAP contract for some or all of the units.

C. PHA Remedy is not Waived
The PHA’s exercise or non-exercise of any remedy for owner breach of the Agreement is not a waiver of the right to exercise that remedy or any other right or remedy at any time.

1.18 PHA and Owner Relation to Third Parties
A. Selection and Performance of Contractor

1. The PHA has not assumed any responsibility or liability to the owner, or any other party for performance of any contractor, subcontractor or supplier, whether or not listed by the PHA as a qualified contractor or supplier under the program. The selection of a contractor, subcontractor or supplier is the sole responsibility of the owner and the PHA is not involved in any relationship between the owner and any contractor, subcontractor or supplier.

2. The owner must select a competent contractor to undertake rehabilitation or construction. The owner agrees to require from each prospective contractor a certification that neither the contractor nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contract by the Comptroller General or any federal Department or agency. The owner agrees not to award contracts to, otherwise engage in the service of, or fund any contractor that does not provide this certification.

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B. Injury Resulting from Work under the Agreement: The PHA has not assumed any responsibility for or liability to any person, including a worker or a resident of the unit undergoing work pursuant to this Agreement, injured as a result of the work or as a result of any other action or failure to act by the owner, or any contractor, subcontractor or supplier.

C. Legal Relationship: The owner is not the agent of the PHA and this Agreement does not create or affect any relationship between the PHA and any lender to the owner or any suppliers, employees, contractor or subcontractors used by the owner in the implementation of the Agreement.

D. Exclusion of Third Party Claims: Nothing in this Agreement shall be construed as creating any right of any third party (other than HUD) to enforce any provision of this Agreement or the Contract, or to assert any claim against HUD, the PHA or the owner under the Agreement or the Contract.

E. Exclusion of owner Claims against HUD: Nothing in this Agreement shall be construed as creating any right of the owner to assert any claim against HUD.

1.19 PHA-Owned Units
Notwithstanding Section 1.18 of this Agreement, a PHA may own units assisted under the project-based voucher program, subject to the special requirements in 24 CFR 983.59 regarding PHA-owned units.

1.20 Conflict of Interest
A. Interest of Members, Officers, or Employees of PHA, Members of Local Governing Body, or Other Public Officials

1. No present or former member or officer of the PHA (except tenant-commissioners), no employee of the PHA who formulates policy or influences decisions with respect to the housing choice voucher program or project-based voucher program, and no public official or member of a governing body or State or local legislator who exercises functions or responsibilities with respect to these programs, shall have any direct or indirect interest, during his or her tenure or for one year thereafter, in the Agreement or HAP contract.

2. HUD may waive this provision for good cause.

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B. Disclosure
The owner has disclosed to the PHA any interest that would be a violation of the Agreement or HAP contract. The owner must fully and promptly update such disclosures.

1.21 Interest of Member or Delegate to Congress
No member of or delegate to the Congress of the United States of America or resident-commissioner shall be admitted to any share or part of the Agreement or HAP contract or to any benefits arising from the Agreement of HAP contract.

1.22 Transfer of the Agreement, HAP Contract, or Property A. PHA Consent to Transfer
The owner agrees that the owner has not made and will not make any transfer in any form, including any sale or assignment, of the Agreement, HAP contract, or the property without the prior written consent of the PHA. A change in ownership in the owner, such as a stock transfer or transfer of the interest of a limited partner, is not subject to the provisions of this section. Transfer of the interest of a general partner is subject to the provisions of this section.

B. Procedure for PHA Acceptance of Transferee
Where the owner requests the consent of the PHA for a transfer in any form, including any sale or assignment, of the Agreement, the HAP contract, or the property, the PHA must consent to a transfer of the Agreement or HAP contract if the transferee agrees in writing (in a form acceptable to the PHA) to comply with all the terms of the Agreement and HAP contract, if the transferee is acceptable to the PHA. The PHA’s criteria for acceptance of the transferee must be in accordance with HUD requirements.

C. When Transfer is Prohibited
The PHA will not consent to the transfer if any transferee, or any principal or interested party, is debarred, suspended, subject to a limited denial of participation, or otherwise excluded under 2 CFR part 2424, or is listed on the U.S. General Services Administration list of parties excluded from Federal procurement or nonprocurement programs.

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1.23 Exclusion from Federal Programs
A. Federal Requirements
The owner must comply with and is subject to requirements of 2 CFR part 2424.

B. Disclosure
The owner certifies that:

1. The owner has disclosed to the PHA the identity of the owner and any principal or interested party.

2. Neither the owner nor any principal or interested party is listed on the U.S. General Services Administration list of parties excluded from Federal procurement and nonprocurement programs; and none of such parties are debarred, suspended, subject to a limited denial of participation, or otherwise excluded under 2 CFR part 2424.

1.24 Lobbying Certifications
A. The owner certifies, to the best of the owner’s knowledge and belief, that:

1. No Federally appropriated funds have been paid or will be paid, by or on behalf of the owner, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of the Agreement or HAP contract, or the extension, continuation, renewal, amendment, or modification of the HAP contract.

2. If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Agreement or HAP contract, the owner must complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

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B. This certification by the owner is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.

1.25 Subsidy Layering
A. Owner Disclosure
The owner must disclose to the PHA, in accordance with HUD requirements, information regarding any related assistance from the Federal government, a State, or a unit of general local government, or any agency or instrumentality thereof, that is made available or is expected to be made available with respect to the contract units. Such related assistance includes, but is not limited to, any loan, grant, guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or any other form of direct or indirect assistance.

B. Limit of Payments
Housing assistance payments under the HAP contract must not be more than is necessary, as determined in accordance with HUD requirements, to provide affordable housing after taking account of such related assistance. The PHA will adjust in accordance with HUD requirements the amount of the housing assistance payments to the owner to compensate in whole or in part for such related assistance.

1.26 Prohibition of Discrimination
A. The owner may not refuse to lease contract units to, or otherwise discriminate against, any person or family in leasing of a contract unit, because of race, color, religion, sex (including sexual orientation and gender identity), national origin, disability, age, or familial status.

B. The owner must comply with the following requirements:

1. The Fair Housing Act (42 U.S.C. 3601–19) and implementing regulations at 24 CFR part 100 et seq.;

2. Executive Order 11063, as amended by Executive Order 12259 (3 CFR 1959–1963 Comp., p. 652, and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing Programs) and implementing regulations at 24 CFR part 107;
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3. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d–2000d– 4) (Nondiscrimination in Federally Assisted Programs) and implementing regulations at 24 CFR part 1;

4. The Age Discrimination Act of 1975 (42 U.S.C. 6101–6107) and implementing regulations at 24 CFR part 146;

5. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8;

6. Title II of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq.; 28 CFR part 35
Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR, 1964–1965 Comp., p. 339; 3 CFR, 1966–1970 Comp., p. 684; 3 CFR, 1966–1970 Comp., p. 803; 3 CFR, 1978 Comp., p. 230; and 3 CFR, 1978 Comp., p. 264, respectively) (Equal Employment Opportunity Programs) and implementing regulations at 41 CFR chapter 60;

7. 8. Executive Order 11625, as amended by Executive Order 12007 (3 C FR, 1971–1975 Comp.., p. 616 and 3 CFR, 1977 Comp., p. 139) CFR, 1977 Comp., p. 393, and 3 CFR, 1987 Comp., p. 245) (Women’s Business Enterprise).
(Minority Business Enterprise Development); and

9. Executive Order 12138, as amended by Executive Order 12608 (3

10. HUD’s Equal Access Rule at 24 CFR 5.105.

The PHA and the owner must cooperate with HUD in the conducting of compliance reviews and complaint investigations pursuant to all applicable civil rights statutes, Executive Orders, and all related rules and regulations.

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1.27 Owner Duty to Provide Information and Access to HUD and PHA A. The owner must furnish any information pertinent to this Agreement as may be reasonably required from time to time by the PHA or HUD. The owner shall furnish such information in the form and manner required by the PHA or HUD.

B. The owner must permit the PHA or HUD or any of their authorized representatives to have access to the premises during normal business hours and, for the purpose of audit and examination, to have access to any books, documents, papers, and records of the owner to the extent necessary to determine compliance with this Agreement.

1.28 Notices and Owner Certifications
A. Where the owner is required to give any notice to the PHA pursuant to this Agreement, such notice shall be in writing and shall be given in the manner designated by the PHA.

B. Any certification or warranty by the owner pursuant to the Agreement shall be deemed a material representation of fact upon which reliance was placed when this transaction was entered into.

1.29 HUD Requirements
A. The Agreement and the HAP contract shall be interpreted and implemented in accordance with all statutory requirements, and will all HUD requirements, including amendments or changes in HUD requirements. The owner agrees to comply with all such laws and HUD requirements.

B. HUD requirements are requirements that apply to the project-based voucher program. HUD requirements are issued by HUD Headquarters as regulations, Federal Register notices, or other binding program directives.

1.30 Applicability of Part II Provisions — Check All that Apply ____ Equal Employment Opportunity
Section 2.1 applies only to construction contracts of more than $10,000.

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____ Labor Standards Requirements
Sections 2.3, 2,7, and 2.9 apply only when this Agreement covers nine or more units.
____ Flood Insurance
Section 2.10 applies if units are located in areas having special flood hazards and in which flood insurance is available under the National Flood Insurance Program.

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EXECUTION OF THE AGREEMENT

I/We, the undersigned, certify under penalty of perjury that the information provided above is true and correct. WARNING: Anyone who knowingly submits a false claim or makes a false statement is subject to criminal and/or civil penalties, including confinement for up to 5 years, fines, and civil and administrative penalties. (18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §3729, 3802).

PUBLIC HOUSING AGENCY (PHA)
Name of PHA (Print)

By:

Signature of authorized representative

Name and official title (Print)

Date
OWNER
Name of Owner (Print)

By:

Signature of authorized representative

Name and official title (Print)

Date

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OMB Approval No. 2577–0169
(exp. 04/30/2026)

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U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
SECTION 8 PROJECT-BASED VOUCHER PROGRAM

AGREEMENT TO ENTER INTO A

HOUSING ASSISTANCE PAYMENTS CONTRACT

NEW CONSTRUCTION OR REHABILITATION

PART II
OMB Burden Statement. The public reporting burden for this collection of information is estimated to average 0.25 hours, including the time for collecting, reviewing and reporting the data. This form is required to establish terms between a PHA and owner to provide housing assistance. Assurances of confidentiality are not provided under this collection. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions to reduce this burden, to the Office of Public and Indian Housing, US. Department of Housing and Urban Development, Washington, DC 20410. HUD may not conduct and sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid control number.

2.1 Equal Employment Opportunity
A. The owner shall incorporate or cause to be incorporated into any contract in excess of $10,000 for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR chapter 60, which is to be performed pursuant to this Agreement, the following nondiscrimination clause:

During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, creed, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.

The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided 152

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by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, creed, sex, or national origin.

3. The contractor will send to each labor union or representative of workers with which the contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided by or at the direction of the Government advising the labor union or workers representative of the contractor’s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The contractor of will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and with the rules, regulations, and relevant orders of the Secretary of Labor.

5. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions as may be imported and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor or as otherwise provided by law.

7. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order 153

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as the Government may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Government, the contractor may request the United States to enter into such litigation to protect the interest of the United States.

B. The owner agrees to be bound by the above nondiscrimination clause with respect to his or her own employment practices when participating in federally assisted construction work.

C. The owner agrees to assist and cooperate actively with HUD and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the nondiscrimination clause and the rules, regulations, and relevant orders of the Secretary of Labor, to furnish HUD and the Secretary of Labor such information as they may require for the supervision of such compliance, and to otherwise assist HUD in the discharge of HUD’s primary responsibility for securing compliance.

D. The owner further agrees to refrain from entering into any contract or contract modification subject to Executive Order No. 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the nondiscrimination clause as may be imposed upon contractors and subcontractors by HUD or the Secretary of Labor pursuant to the Executive Order. In addition, if the owner fails or refuses to comply with these undertakings, HUD may take any or all of the following actions; cancel, terminate, or suspend in whole or in part this Agreement; refrain from extending any further assistance to the owner under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the owner, and refer the case to the Department of Justice for appropriate legal proceedings.

2.2 Reserved

2.3 HUD—Federal Labor Standards Provisions
The owner is responsible for inserting the entire text of section 2.3 of this Agreement in all construction contracts and, if the owner performs any rehabilitation work on the project, the owner must comply with all provisions of section 2.3. (Note: Sections 2.3(b) and (c) apply only when the amount of the prime contract exceeds $100,000.)
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(a)(1) Minimum Wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project) will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made part hereof regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR

5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- 1321)) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) Any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
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(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, D. C. 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the
recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determinations or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
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(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program: Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
(2) Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractors under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due.
(3)(i) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the 157

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Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD the PHA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included in weekly transmittals.

Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired.

Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at:
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to HUD, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).
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or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of Title 18 and section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and Trainees.(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and
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individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employee and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and 160

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individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.

Department of Labor, Employment and Training Administration.

The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices.

Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR part 3 which are incorporated by reference in this Agreement.
(6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in section 2.3(a)(1) through (11) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the 161

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compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section 2.3(a).
(7) Contract Terminations; Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act Requirements.

All rulings and interpretations of the Davis-Bacon and related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the PHA, HUD, the U. S.

Department of Labor, or the employees or their representatives. (10) Certification of Eligibility. (i) By entering into this Agreement, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR part 24.
(ii) No part of this Agreement shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR part 24.
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, section 1010, Title 18, U.S.C., “Federal Housing
Administration transactions, provides in part: “Whoever, for the purpose of ...influencing in any way the action of such Administration...makes, utters or publishes any statement, knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both.”

11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor 162

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standards provisions of this Agreement are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Agreement to his employer.
(b) Contract Work Hours and Safety Standards Act. The provisions of this paragraph (b) are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $25 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for Unpaid Wages and Liquidated Damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by 163

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the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.
(c) Health and Safety. The provisions of this paragraph (c) are applicable only where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous to his health and safety as established under construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2) The contractor shall comply with all regulations issue by the Secretary of Labor pursuant to Title 29 part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq.
(3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
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2.4 Reserved

2.5 Reserved

2.6 Reserved

2.7 Wage and Claims Adjustments
The owner shall be responsible for the correction of all violations under section

2.3, including violations committed by other contractors. In cases where there is evidence of underpayment of salaries or wages to any laborers or mechanics (including apprentices and trainees) by the owner or other contractor or a failure by the owner or other contractor to submit payrolls and related reports, the owner shall be required to place an amount in escrow, as determined by HUD sufficient to pay persons employed on the work covered by the Agreement the difference between the salaries or wages actually paid such employees for the total number of hours worked and the full amount of wages required under this Agreement, as well as an amount determined by HUD to be sufficient to satisfy any liability of the owner or other contractor for liquidated damages pursuant to section 2.3. The amounts withheld may be disbursed by HUD for and on account of the owner or other contractor to the respective employees to whom they are due, and to the Federal Government in satisfaction of liquidated damages under section 2.3.

2.8 Reserved

2.9 Evidence of Unit(s) Completion; Escrow
A. The owner shall evidence the completion of the unit(s) by furnishing the PHA, in addition to the requirements listed in Part I of this Agreement, a certification of compliance with the provisions of sections 2.3 and 2.7 of this Agreement, and that to the best of the owner’s knowledge and belief there are no claims of underpayment to laborers or mechanics in alleged violation of these provisions of the Agreement. In the event there are any such pending claims to the knowledge of the owner, the PHA, or HUD, the owner will place a sufficient amount in escrow, as directed by the PHA or HUD, to assure such payments.

B. The escrows required under this section and section 2.7 of shall be paid to HUD, as escrowee, or to an escrowee designated by HUD, and the conditions and manner of releasing such escrows shall be designated and approved by HUD.

2.10 Flood Insurance
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the sale of flood insurance has been made available under the National Flood Insurance Program, the owner agrees that: (1) the project will be covered, during the life of the property, by flood insurance in an amount at least equal to its development or project cost (less estimated land cost) or to the limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968, whichever is less; and (2) that it will advise any prospective purchaser or transferee of the property in writing of the continuing statutory requirement to maintain such flood insurance during the life of the property.

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AGENDA ITEM NO. 12

AGENDA TRANSMITTAL

MEETING DATE:

November 21, 2023

CITY AGENDA ITEM:

Discussion and Possible Action to Adopt Resolution No. 2023-___: A Resolution of the City Council of the City of Suisun City Establishing the Regular Time of the Suisun City Council Meetings.

FISCAL IMPACT:

None.

STRATEGIC PLAN:

Ensure Good Governance, Transparency.

BACKGROUND:

The City Council holds its closed sessions as special meetings immediately before the City’s regularly scheduled meetings, which are held on the first and third Tuesdays of the month at 6:30pm or as soon thereafter as practicable, with any Tuesday evening being a regular meeting.

It recently came to the City Attorney’s attention that the public comment part of the special meeting agendas provided that only public comment on non-agenda items was permitted. This is contrary to current law, which provides that only items on the agenda can be discussed at special meetings. The City’s current closed session set-up is unusual.

The City Attorney is seeking direction from Council on how it wishes to handle public comment and the closed session meetings. The City Attorney recommends adopting an updated resolution to change the time of the regular meeting start so that closed session is part of the regular meeting.

STAFF REPORT:

The City Council has the authority to meet in closed session to confer with legal counsel on a limited numbers of topics, as provided by the Brown Act.

The City’s regular Council meetings are held on the first and third Tuesday of the month, beginning at 6:30pm, though regular meetings can be held on any Tuesday beginning at 6:30pm. The time of the meeting is set by resolution. SCMC §§ 2.04.020, 2.04.030; Resolution No. 2019-71.

Typically, closed sessions are part of a city’s regular meetings, and part of the regular meeting’s agenda; they are held either at the top of the meeting, or at the end after all open agenda items are discussed. Public comment is permitted only on the items to be discussed in closed session prior to the closed session to allow the council to hear from the public before any discussion of the closed session items. Public comments on items not on the agenda is, itself, an agenda item on the open session.

In order to get all its business done and end the meetings at a reasonable hour, the City holds its closed sessions beginning at 5pm. However, because the City Council meetings are set to begin no earlier than 6:30pm, any meeting beginning at an earlier time must be noticed as a special meeting.

Recently it came to the City Attorney’s attention that the public comment item on the special meeting/closed session agendas only allowed for comment on items not on the agenda. This is counter to the purposes of the Brown Act because technically comment on items on the closed session agenda were not permitted, but also this non-agenda items comment period provided a second public comment 167
agenda item in addition to that provided for in the regular meeting.

Public comment on items not on the agenda is not likely required for the special meeting, and may in fact not be permitted by the Brown Act, Gov’t Code § 54956, though what the remedy would be for allowing more public comment rather than less is unclear.

Additionally having a special meeting for closed session and a regular meeting for open session requires two agendas. This, again, is not a common practice.

There is a simple way to fix this issue: amend the resolution to allow regular meeting start times earlier, with closed session beginning at or after 5:00pm and regular session beginning at or after 6:30pm. A proposed resolution is included, drafted in such a way as to provide the Council with flexibility of actual start times. It should be noted that the proposed times are aligned with the Council’s current practice and are not set in stone – the Council may direct different start times. Updating the resolution will result in one meeting instead of two. The agenda will include a closed session comment section before closed session, and the rest of the agenda will remain as is.

STAFF RECOMMENDATION:

Adoption of Resolution No. 2023-___: A Resolution of the City Council of the City of Suisun City Establishing the Regular Time of the Suisun City Council Meetings.

DOCUMENTS ATTACHED:
1 .

Resolution of the City Council Establishing the Regular Time of the Suisun City Council Meetings

PREPARED BY:

Elena Gerli, City Attorney
REVIEWED BY:

Aaron Roth, Interim City Manager
APPROVED BY:

Aaron Roth, Interim City Manager

ATTACHMENTS:

1. Resolution Establishing Regular Time of Council Meetings.pdf 1 Blank Page - THIS PAGE INTENTIONALLY LEFT BLANK.pdf
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RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN

CITY ESTABLISHING THE REGULAR TIME OF THE SUISUN CITY

COUNCIL MEETINGS

WHEREAS, Section 2.04.030 of the City of Suisun City’s Municipal Code provides for the establishment of the meeting time of regular Council meetings by resolution.

NOW, THEREFORE, be it resolved by the City Council of the City of Suisun City does hereby resolve that the meeting time for regular meetings of the Suisun City Cou ncil shall be no earlier than 5:00pm, or as soon there after as practicable. Typically closed session shall begin at 5:0 0pm and open session at 630pm, however the actual posted starting times may vary depending on the needs of a particular agenda.

PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City held on Tuesday the 21st day of November 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 21st day of November 2023.

Anita Skinner
City Clerk
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AGENDA ITEM NO. 13

AGENDA TRANSMITTAL

MEETING DATE:

November 21, 2023

CITY AGENDA ITEM:

Suisun City Municipal Code Update:

a
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Council Consideration and Introduction of Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City, California, Repealing Chapter 1.16 (Administrative Compliance Orders) and Amending Chapter 1.20 (Administrative Citations) to Title 1 (General Provisions); and Amending Sections 1.08.030, 5.04.460, 5.16.240, 6.07.040(B), 8.040.050(U), 8.10.150(E),

9.16.010(F), 9.21.040, 9.28.080(B), 12.12.090, 121.24.050, 12.32.120, 15.04.090, and

21.08.020(A) of the Suisun City Municipal Code; and
b
.

Discussion and possible action on a Resolution of the City Council of the City of Suisun City, California, Establishing the Administrative Penalty Schedule for Violations of the Suisun City Municipal Code.

FISCAL IMPACT:

Unknown at this time; increased costs related to enforcement will depend on policy direction.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

Early in 2023, the Mayor appointed Councilmember Dawson and then- Councilmember Hudson to the Illegal Dumping and Trash Ad Hoc Committee. The committee met with department heads and the City Attorney to address ways in which the City could strengthen its Municipal Code to minimize the impact of illegal dumping and accumulation of trash throughout the City.

Recently, the Council considered and adopted updates to Chapters 8.08 (Solid Wastes) and 8.12 (Public Nuisances). In order to more efficiently enforce the updated ordinances, as well as any other code provision, the City Attorney’s Office proposes to update the civil fines provisions in the municipal code, removing references to specific civil fine amounts from the municipal code, and adoption of a civil fine schedule by city council resolution.

STAFF REPORT:

Proposed Ordinance

The proposed ordinance would repeal Chapter 1.16, update Chapter 1.08, revise and clarify the entirety of Chapter 1.20, and update and remove provisions throughout the code imposing civil fines for violations, so that such civil fines can be adopted by resolution of the City Council.

The ordinance would make the following changes:

(i)
Amend Section 1.08.030 such that the fines for infractions will track the fine Government Code Section 36900. These are not civil fines, but the language cleanup is included as it will be beneficial for enforcement. The reason for this update to the language is that Section 36900 is amended periodically – 171
to wit, since we adopted the fines in our code, the statute has added infraction fine amounts for building code violations and for violations of short term rentals ordinances. These added fines are higher, so we don’t want our code to inadvertently limit the amount of fines that can be charged. (ii)
Repeal Chapter 1.16 (Administrative Compliance Orders) of the SCMC as it is duplicative of other provisions in the SCMC and is currently not being utilized. (iii)
Amend Chapter 1.20 (Administrative Citations) to clarify the process for the issuance of administrative citations and imposition of civil fines for violations of SCMC provisions.

Some examples include added definitions and language clean-ups, a section that expressly authorizes the City to contract for administrative citation processing, which would include processing appeals and recovery of fines, and a change from a hearing board to hear appeals to a hearing officer. (iv)
In order to make civil fines more consistent and easier to determine, the City Attorney also proposes to amend code sections that include specific fine amounts. (Note that Section 18.86.070 also should be amended, but will need to be reviewed by Planning Commission before it can be amended.

That process has been started,)

Some examples include added definitions and language clean-ups, a section that expressly authorizes the City to contract for administrative citation processing, which would include processing appeals and recovery of fines, and a change from a hearing board to hear appeals to a hearing officer.

(iv)
In order to make civil fines more consistent and easier to determine, the City Attorney also proposes to amend code sections that include specific fine amounts. (Note that Section 18.86.070 also should be amended, but will need to be reviewed by Planning Commission before it can be amended.

That process has been started,)

Proposed Resolution
Additionally, this agenda item proposes a resolution which would establish the administrative penalty schedule by setting forth the fines for violations of the municipal code.

The resolution proposes three tiers of penalty fines for violations of the SCMC. It should be noted that the Council can provide direction on amounts and how many tiers, the resolution is a template and can be easily amended.

Tier 1 fines would be $100 for the first violation; $200 for the second violation; and $500 for the third and subsequent violations within a 12-month period. These fines apply to all violations unless indicated in the resolution. These fine amount are in line with what most cities have adopted, and match the fines provided in the Government Code for infractions.

Tier 2 Fines would be $500 for the first violation; $750 for the second violation; and $1,000 for the third and subsequent violations within a 12-month period. Tier 2 fines are suggested for violations of Chapter

8.04 (Fireworks), Chapter 8.08 (Solid Wastes), Chapter 8.12 (Public Nuisances), Chapter 13.10 (Stormwater Management and Discharge Control), and Title 15 (Buildings and Construction).

Tier 3 Fines would be $1,000 for the first violation; $2,500 for the second violation; and $5,000 for the third and subsequent violations within a 12-month period. Right now we have no suggestions for specific codes at this level of fines, and are open to direction from the Council – the Council may decide to leave this tier blank for now, and only move certain code violations here if additional enforcement 172
power is desired at some point, or decide to remove this tier altogether.

The resolution also establishes that any penalty amount imposed pursuant to Chapter 1.20 of the SCMC and the resolution will be deemed delinquent if is not timely paid. The delinquency penalty will be equal to 3% of the amount of the penalty remaining unpaid to the City. The delinquent penalty is also a suggestion and can be removed or changed at council’s direction.

The City Attorney requests direction from Council on the fines resolution, and recommends adoption on the same day as ordinance adoption so that the fines are not adopted before the code changes.

STAFF RECOMMENDATION:

It is recommended that the City Council:

a
.

Consider and Introduce Ordinance No. ___: An Ordinance of the City Council of the City of Suisun City, California, Repealing Chapter 1.16 (Administrative Compliance Orders) and Amending Chapter 1.20 (Administrative Citations) to Title 1 (General Provisions); and Amending Sections 1.08.030, 5.04.460, 5.16.240, 6.07.040(B), 8.040.050(U), 8.10.150(E),

9.16.010(F), 9.21.040, 9.28.080(B), 12.12.090, 121.24.050, 12.32.120, 15.04.090, and

21.08.020(A) of the Suisun City Municipal Code; and
b
.

Discussion and possible action on a Resolution of the City Council of the City of Suisun City, California, Establishing the Administrative Penalty Schedule for Violations of the Suisun City Municipal Code.

DOCUMENTS ATTACHED:
1 .

Ordinance Amendment Civil Fines (Redline Version)
2 .

Ordinance Amendment Civil Fines (Clean Version)
3 .

Resolution Establishing the Administrative Penalty Schedule for Violations of the Suisun City Municipal Code
4 .

PowerPoint Presentation

PREPARED BY:

Elena Gerli, City Attorney
REVIEWED BY:

Aaron Roth, Interim City Manager
APPROVED BY:

Aaron Roth, Interim City Manager

ATTACHMENTS:

1. Ordinance Amendment Civil Fines Changes Redline Version.pdf

2. Ordinance Amendment Civil Fines Changes Clean Version.pdf

3. Resolution Establishing the Administrative Penalty Schedule for Violations of the Suisun City Municipal Code.pdf

4. PowerPoint Presentation Proposed Updates to Civil Fines Ordinance and Resolution.pdf 173

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN
CITY, CALIFORNIA, REPEALING CHAPTER 1.16
(ADMINISTRATIVE COMPLIANCE ORDERS ) AND AMENDING
CHAPTER 1.20 (ADMINISTRATIVE CITATIONS) TO TITLE 1
(GENERAL PROVISIONS); AND AMENDING SECTIONS 1.08.030,

5.16.240, 6.07.040(B), 8.040.050(U), 8.10.150(E), 9.16.010(F), 9.21.040,

9.28.080(B), 12.12.090, 121.24.050, 12.32.120, 15.04.090, AND 21.08.020(A)

OF THE SUISUN CITY MUNICIPAL CODE
WHEREAS, the City of Suisun City is a general law city in the County of Solano, State of California.

WHEREAS, pursuant to the Suisun City Municipal Code (SCMC), fines are levied as an incident of a voluntary act of an individual or business and not the result of property ownership.

WHEREAS, the City is responsible for enforcement of the SCMC in its entirety.

WHEREAS, the SCMC includes Chapter 1.16 (Administrative Compliance Orders), which is duplicative of other provisions in the SCMC, and which is not being utilized.

WHEREAS, the City Council finds that the amount of civil fines imposed for violations of municipal code provisions should be removed from the SCMC and adopted by resolution for consistency and ease of use.

WHEREAS, the City Council desires to amend and update the provisions throughout the SCMC to provide clarity and consistency.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUISUN CITY ORDAINS AS FOLLOWS:

SECTION 1: The above recitals are correct and incorporated herein by reference.

SECTION 2: Chapter 1.16 (Administrative Compliance Orders ) of Title 1 (General Provisions) of the Suisun Municipal Code is repealed and deleted in its entirety.

SECTION 3: Section 1.08.030 (Infraction penalty) of Chapter 1.08 (General Penalty) of Title 1 (General Provisions) is amended to read:

Any person convicted of an infraction for violation of an ordinance of the city is punishable by:

A. A fine not exceeding $100.00 for a first violation;
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B. A fine not exceeding $200.00 for a second violation of the same ordinance within one year;
C. A fine not exceeding $500.00 for each additional violation of the same ordinance within one year. a fine as provided for in Section 36900 of the Government Code, including any amendments or successor statutes thereto.

SECTION 4: Chapter 1.20 (Administrative Citations) of Title 1 (General Provisions) of the Suisun Municipal Code is repealed and replaced with the following:

1.20.010 - Applicability.

A. This chapter provides for administrative citations which are in addition to all other legal and equitable remedies and provides an alternative to any criminal prosecutions which may be pursued by the city to address any violation of Title 5, 6, 8, 9, 10, 12, 13, 15, 16, 17, 18, 21 of this code or of any regulations adopted under the authority of this code.

B. Use of the remedies and procedures of this chapter shall be at the city’s sole discretion, of the enforcement officers and enforcement officials authorized to proceed under this chapter and shall not limit or preclude the use of criminal or civil injunctive code enforcement proceedings in addition or in conjunction with this chapter.

1.20.020 - Definitions.

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:
“City” means the City of Suisun City.
“City manager” means the city’s City Manager, and shall include their designee. “Enforcement officer” means any city employee or agent of the city with the authority to enforce any provision of this code to which this chapter is applicable. “Enforcement official” means the principal supervisor of a department or a division of a department to which an enforcement officer is empowered to issue administrative citations under this chapter.
“Finance director” means the city’s Director of Finance and shall include their designee. “Person” means an individual or entity of any kind.

1.20.030 - Description of citationAdministrative citations. 175

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A. Whenever an enforcement officer determines that a violation of any provision of this code to which this chapter is applicable has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.

B. Prior to the issuance of an administrative citation for a violation which pertains to building, plumbing, electrical, or similar structural or zoning matters that does not create an immediate danger to health or safety, the enforcement officer shall provide a reasonable period of time not less that five business days to correct or otherwise remedy the violation .For violations that are not
CB. Each administrative citation shall contain the following information:

1. The date of the violation;

2. The address or a definite description of the location where the violation occurred or is occurring;

3. The code section or sections of this code violated and a description of the acts or omissions constituting the violation;

4. The amount of the penalty for the code violation , which amount shall be set by city council resolution;

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

6. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

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

78. The name and signature of the enforcement officer.

C. Prior to the issuance of an administrative citation for a violation which pertains to building, plumbing, electrical, or similar structural or zoning matters that do not create an immediate danger to health or safety, the enforcement officer shall provide a reasonable period of time not less that five business days to correct or otherwise remedy the violation .D.

Each day a violation continues is a new violation and may be cited as such.

1.20.040 - NoticeService.
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A. An administrative citation may be served by personal delivery on any person determined to be responsible for the violation, or by certified mail, postage prepaid, return receipt requested, addressed to a location reasonably calculated likely to give notice to the responsible party of the administrative citation, or posted in a conspicuous location on or in the vicinity of the property.

B. All notices required by this chapter to be served subsequent to service of a citation may be served either by personal delivery or by certified mail, postage prepaid, return receipt requested, and shall be deemed effective on the date of personal delivery or when the certified mail is either delivered or delivery attempted. If the certified mail receipt is returned unsigned, then service may instead be effected by regular first class mail, postage prepaid, provided that the notice sent by regular mail is not returned by the postal service as undeliverable, and shall be deemed effective three calendar days following deposit of the notice in the mail.

C. Where a violation of code provisions concerning the condition of real property is involved, an administrative citation orf subsequent written notices authorized by this chapter may be served by personal delivery or by certified mail at the property owner address shown on the last equalized county assessment roll. Where such D. Where a violation of code provisions concerning the condition of real property is involved and personal delivery or service by certified mail upon the property owner is unsuccessful, service may be effected alternately or additionally by posting a copy of the order citation or notice at a conspicuous location on the property which is the subject of the ordercitation or notice . Where service of any citation or notice required under this chapter is effected in compliance with the requirements of this section and with due process, the asserted failure of any person to receive the notice shall not affect the validity of the citation, notice, or any proceedings taken under this chapterrelated thereto.

1.20.050 Amount of administrative penalties.

The amounts of administrative penalties for code violations imposed pursuant to this chapter are set , and may be amended from time to time, forth in Chapter 1.08, “General penalty,” of the Suisun City Code, except where otherwise specifiedby city council resolution.

Late payment shall be subject to late payment penalties as established by city council resolution.

1.20.054 Authority to outsource collection and administrative hearing procedures. 177

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The city may, at its discretion, hire a service provider to process administrative citations and appeals in accordance with Section 1.20.050 et seq. Any such vendor shall be deemed the city’s designee.

1.20.060 - Payment of administrative penalties.

A. The administrative penalty for an administrative citation shall be paid to the city through its finance director or designee within thirty 30 calendar days from the date the administrative citation is served. If a hearing is requested pursuant to Section 1.20.070, the administrative penalty shall be deposited with the finance director or designee or a notice shall be filed with the finance director or designee that an advance hardship waiver has been requested as required in Section 1.20.080.

B. Any administrative citation penalty shall be refunded in accordance with Section

1.20.110(F) if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation by the person charged in the administrative citationoccurred.

C. Payment of an administrative penalty under this chapter shall not bar enforcement proceedings for any continuation or repeated occurrence of any code violation that is the subject of an administrative citation.

1.20.070 - Hearing request.

A. Any recipient of an administrative citation may contest appeal the citation on the grounds that he or she had not committed a no violation of the code occurred, or that contestant they is are not responsible for the violation, by filing a request for hearing form with the finance director or designee within thirty calendar30 days from the date of service of the administrative citation, together with either an advance deposit of the administrative penalty or a request for advance deposit hardship waiver form.

B. A request for hearing form may be obtained from the finance director or designee.

BC. The person requesting the hearing shall be notified by first class mail, postage prepaid, of the time and place set for the hearings by mailing a notice of hearing at least ten calendar10 days prior to the date of the hearing.

CD. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing board officer for consideration at the hearing, a copy of 178

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this report also shall be mailed to the person requesting the hearing at least five calendar days prior to the hearing date.

1.20.080 - Advance deposit hardship waiver.

A. Any person who claims to be financially unable to make the advance deposit of the fine as required in Section 1.20.070(A) may file a request for an advance deposit hardship waiver.

B. The request shall be filed with the finance director or designee on or before the filing of a hearing request, and may only be made by the person who was issued the citation.

C. Upon receipt and review of satisfactory evidence, the finance director or designee may waive the requirement of an advance deposit. ItA hardship waiver request shall must be accompanied by a sworn declaration by the requestor , together with any supporting evidence demonstrating the person’s requestor’s actual financial inability to deposit the full amount of the fine in advance of the hearing.

D.If the finance director or designee determines not to waive the advance deposit, the person shall remit the deposit to the city within ten calendar days of the date of the notice of that decision in order to secure the hearing.

DE. The finance director or designee shall issue a written determination listing the reasons for determining to issue or not issue the advance deposit hardship waiver. The written determination of the finance director or designee shall be final, subject only to judicial review as provided by law.

1. Upon receipt and review of satisfactory evidence, the finance director shall waive the requirement of an advance deposit.

2. If the finance director determines not to waive the advance deposit, the requestor shall remit the deposit to the city within 10 days of the date of the notice of that decision in order to secure the hearing.

EF. The finance director’s written determination of the finance director or designee shall be served upon the person who applied for the advance deposit hardship waiver.

1.20.090 - Hearing boardofficer.

The city manager shall designate an impartial three person hearing boardhearing officer to hear an appeal pursuant to Section 1.20.070. The enforcement officer shall not be a member of the hearing board.’
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1.20.100 - Hearing procedures.

A. No appeal hearing to contest an administrative citation before a hearing board shall be noticed unless the administrative penalty has been deposited in advance in accordance with Section 1.20.070(A), or an advance deposit hardship waiver has been issued in accordance with Section 1.20.080.

B. A hearing before the hearing board shall be set for a date that is not less than fifteen calendar15 days and not more than sixty calendar60 days from the date of the filing of the request for hearing. The party contesting the administrative citation may request one continuance for any reason, in writing, no less than twenty -four hours in advance of the scheduled hearing, the deferred hearing shall not be deferred more than ninety calendar days after the request for hearing was made. A request for continu ance made less than twenty -four hours before the scheduled hearing may be granted, by the hearing board, based upon urgency only.The hearing may be continued for good cause.

C. At the hearing, the party contesting the administrative citationappellant shall be given the opportunity to testify and present evidence and cross -examine witnesses concerning the administrative citationviolation. That contestant appellant may appear personally or through an attorney. Prehearing discovery is not authorized, but subpoena of witnesses and documents shall be permitted as authorized by law. The hearing board may conduct the hearing shall be conducted informally, both as to rules of procedure and admission of evidence, in any manner which will provide a fair hearing.

D. The failure of any recipient of an administrative citation an appellant to appear at the administrative citation hearing may be deemed an admission of the violation by the recipient and an admission that the amount of the administrative penalty is appropriate and may constitute a failure to exhaust administrative remedies barring judicial review.

E. The administrative citation and any additional report submitted by the enforcement officer shall constitute presumptive evidence of the respective facts contained in those documents.

F. The hearing board officer may continue the hearing and to request additional information from the enforcement officer or the recipient of the administrative citationappellant prior to issuing a written decision.

1.20.110 - Hearing board’s officer’s decision.
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A. After considering all of the testimony and evidence submitted at the hearing, the hearing board officer shall, based on a preponderance of the evidence, issue a written decision to uphold or cancel sustain or overturn the administrative citation fine and the reason for that decision. The decision of the hearing board shall be issued within thirty 15 calendar days following of the completion of the hearing, and shall include findings of fact and conclusions of law. The hearing boardofficer shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing. The decision of the hearing board shall be final upon service on the responsible party, subject only to judicial review as allowed by law.

B. Within ten days following the conclusion of the hearing, the hearing board shall make findings and issue a decision regarding:1.The existence of the violation; and2.The extent of compliance with the order.

C. The hearing board shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing.

D. If the hearing board determines from a preponderance of the evidence that the contestant committed the violation charged in the administrative citation, the amount assessed by the hearing board shall become debt to the city collectable through the process provided herein. The amount deposited with the city pursuant to Section 1.20.070 shall be applied to the amount assessed by the hearing board. Any excess shall be refunded.

BE. If the hearing board officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer board shall set forth in the decision a payment schedule for the fine.

CF. If the hearing board officer determines that the administrative citation fine should not be sustainedoverturned, the city shall, within ten 10 calendar days of the rulingdecision, refund the amount of the deposited administrative penalty.

DG. The recipient of the administrative citation shall be served with a copy of the hearing board’s written decision within ten 5 calendar days following itsof issuance.

F. The decision of the hearing officer shall be final upon service on the responsible party, subject only to judicial review pursuant to Section 53069.4 of the Government Code. The hearing officer’s decision shall provide notice of this right of judicial review and the time allowed therefore by law.
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GH. The employment, performance evaluation, compensation and benefits of the hearing board officer shall not be directly or indirectly conditioned upon the amount of the administrative citation fines and other penalties upheld by the hearing boardofficer.

1.20.120 -– Collection of aAdministrative penalties.

A. The hearing board may impose administrative penalties and any other penalties adopted by council resolution in effect on the date when the violation occurred.

B. Administrative fines and other penalties sustained by the hearing board officer are a debt owed to the city and in addition to all other means of enforcement, if the violation concerns the condition of real property, may be enforced by means of a lien against the real property on which the violation occurred in accordance with Section 1.20.170. Failure to pay administrative penalties within the time allowed under this chapter shall constitute a violation of this code punishable as a misdemeanor, and, upon conviction thereof, shall be punishable as provided in Section 1.08.020 of this code.

1.20.130 - Administrative costs.

A. The hearing board officer may assess administrative costs against the violator person found responsible for the violation when the hearing board determines that a violation has occurredthey sustain the administrative fine and that compliance was not achieved by the date of commencement of hearing.

B. Administrative costs may include any and all costs incurred by the city (both direct and indirect costs) in investigating and commencing administrative proceedings for the violation as well as any and all costs incurred by the city in connection with the hearing before the hearing board , including, but not limited to, cost of the enforcement officer incurred in preparation for the hearing and participating in the hearing itself and costs of the city to conduct the hearing. Failure to pay administrative c osts in the amount specified in the administrative hearing board’s officer’s decision on or before the date specified in that decision shall constitute a violation of this code punishable as a misdemeanor and shall further be subject to collection as otherwise provided for administrative penalties hereinmay be collected in the same manner as delinquent fines.

1.20.140 - Failure to pay administrative penalties and costs.

Failure to pay the assessed administrative penalties and/or administrative costs specified in a hearing board’s decision may be enforced as:
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A. A personal obligation of the violatorperson found responsible for the violation; and/or
B. If the violation is in connection with real property, a lien upon the real property in accordance with Section 1.20.170, which shall remain in effect until all of the administrative penalties, interests, and administrative costs are paid in full.; and/or C. A criminal misdemeanor.

1.20.150 - Judicial review.

Any person subject to a decision of the hearing board officer may obtain review of the decision in the appropriate court pursuant to the provisions of California Government Code Section 53069.4. The administrative order shall provide notice of this right of judicial review and the time allowed therefore by law.

1.20.160 - Collection of administrative penalties.

The city may collect the amount the assessed administrative penalties and administrative costs by use of all available legal means, including recording of a lien pursuant to the provisions of this chapter.

1.20.170 - Lien procedure.

A. Whenever the amount of any administrative penalty and/or administrative cost imposed pursuant to this chapter in connection with real property has not been satisfied in full within ninety 90 days , unless tolled by a timely request for judicial review pursuant to Government Code Section 53069.4 or reversed by court order, this obligation may constitute a lien against any real property involved where any violation was determined to concern the condition of that real property, or as a special assessment against the property where the code violation occurred.

B. Prior to recording any such lien, tThe finance director or designee shall prepare and file with the city clerk a report stating the amounts due and owing. The city clerk shall fix a time, date, and place for the city council to hearing such report and any protests or objections thereto by the city council.

CF. The finance director or designee shall cause written notice to be served on each property owner whose interest is disclosed by the current county equalized assessment roll not less than ten calendar10 days prior to the time set for the hearing. 183

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D. The lien provided herein shall have no force and effect until recorded with the county auditor. Once recorded, the lien shall have the force and effect and priority of a judgment lien governed by the provisions of Section 697.340 of the California Code of Civil Procedure and may be extended as provided in Sections 683.110 through 683.220 of the California Code of Civil Pro cedure.after the administrative penalty and/or administrative cost imposition becomes final, this obligation may constitute a lien agains t any real property involved where any violation was determined to concern the condition of that real property, or special assessment against the property where a property-related code violation occurred.

B. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provisions of Section 697.340 of the California Code of Civil Procedure and may be extended as provided in Sections 683.110 through 683.200 of the California Code of Civil Procedure.

EC. Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law.

D. Prior to recording any such lien, the finance director or designee shall prepare and file with the city clerk a report stating the amounts due and owing.

E. The city clerk shall fix a time, date and place for hearing such report and any protests or objections thereto by the city council.

F. The finance director or designee shall cause written notice to be served on each property owner whose interest is disclosed by the current county equalized assessment roll not less than ten calendar days prior to the time set for the hearing.

1.20.180 - Public hearing and protests of proposed liens.

A. Any person owning a legal or equitable interest in real property proposed to be subject to a lien pursuant to Section 1.20.170 may file a written protest with the city clerk and/or may protest orally at the city council hearing.

B. Each written protest or objection must contain a description of the property in which the protesting party has a legal or equitable interest and the grounds of such protest or objection. The grounds for protest or objection, and any evidence or testimony s ubmitted in support or in opposition to the imposition of a lien, shall be confined to whether the amount of any administrative penalty and/or administrative cost imposed was satisfied in full within the time allowed by law and/or successfully challenged by a timely writ of mandate. 184

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C. The city council, after the hearing, shall adopt a resolution confirming, discharging, or modifying the amount of lien based upon evidence produced at the hearing.

1.20.190 - Recording of lien.

Thirty calendar days following the adoption of a resolution by the city council imposing a lien, the finance director or designee shall file a certified copy of the cost report with the Solano County auditor. The finance director or designee shall request the auditor to enter each assessment on the Solano County tax roll and collect the amount of the asse ssment at the time and in the manner of ordinary municipal taxes. The lien may carry such additional administrative charges as set forth by resolution of the city council.

1.20.200 Personal obligation.

Any costs or penalties subject to collection under this chapter may be recovered as a personal obligation against the responsible party and may be referred to a collection agency or the City Attorney’s Office for collection. Upon referral of these costs an d obligations, the collection agency and the City Attorney’s Office may seek collection through any legal means provided to them, including judicial action. Nothing in this section shall be affected by or affect the city’s use of any other procedure provided in this chapter or by law to collect unpaid costs and penalties.

SECTION 4. Section 5.04.460 (Violations and Penalties) of Article VII (Enforcement) of Chapter 5.04 (Business Licenses Generally) of Title 5 (Business Taxes, Licenses and Regulations) is amended to read:

A. Any person, firm, corporation or other entity violating any provisions of this title shall be guilty of an infraction punishable pursuant to Chapter 1.08 . Any failure to obtain the proper permits and licenses for a period of one day after being cited under this chapter, including each additional one-day period thereafter, shall be an additional violation subject to the same penalties set forth in this sectionEach day of a violation of this chapter shall be deemed a new violation.

B. Any person, firm, corporation or other entity which is guilty of an infraction under this chapter shall be punished by:

1. A fine not exceeding one hundred dollars for the first violation;

2. A fine not exceeding two hundred dollars for a second conviction of a violation of this chapter within one year; and
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3. A fine not exceeding five hundred dollars for a third or subsequent conviction within one year.

C. AIn addition to the punishment set forth in this section, a ny person guilty of a violation of this chapter shall be liable for such costs, expenses and disbursements paid or incurred by the city in correction abatement and prosecution of the violation.

SECTION 5: Section 5.16.240 (Violation—Penalty) of Chapter 5.16 (Pawnbrokers, Secondhand Dealers And Junk Dealers) of Title 5 (Business Taxes, Licenses and Regulations) is amended to read:

Whenever in this chapter any act is prohibited or made or declared to be unlawful or an offense, or the doing of any act is required, or the failure to do any act if forbidden or declared unlawful, the violation of any such provision of this chapter is an infraction punishable by a fine not exceeding five hundred dollars . Every day any violation of this chapter continues constitutes a separate offense.

SECTION 6: Section 6.07.040 (B) ( Enforcement and penalties ) of Chapter 6.07 (Dangerous Animals) of Title 6 (Animals) is amended to read:

B. Violations and Penalties. Any violation of this chapter involving a dangerous animal shall be a misdemeanor punishable by a fine not to exceed one thousand dollars in accordance with Chapter 1.08.

SECTION 7: Subsection (U) of Section 8.04.050 (Safe and Sane Fireworks) of Chapter

8.04 (Fireworks) of Title 8 (Health and Safety) is amended to read:

U. Administrative Fines and Penalties

1. This chapter authorizes the imposition of administrative fines on any person who violates any provision of this chapter in order to encourage and obtain compliance with the provisions of this chapter for the benefit and protection of the entire community.

2. The issuance of citations, imposing administrative fines, right to appeal, and the right for an administrative hearing shall be performed in accordance with chapter 1.20.

3. This chapter governs the imposition, enforcement, collection and administrative review of all administrative fines, related to the possession, use, storage, sale and/or display of quantities less than 25 pounds of those fireworks classified as “dangerous fireworks ” in California Health and Safety Code Section 12500, et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of “safe and sane fireworks ” as 186

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defined in California Health and Safety Code Section 12500 et seq. on or at dates, times and/or locations other than those permitted by this chapter. Said administrative fines are imposed under authority of Government Code Section 53069.4, Health and Safet y Code Section 12557, and the police power of the city.

4. Administrative Fines. Each person who violates any provision of this code as it relates to the possession, use, storage, sale and/or display of “dangerous fireworks” shall be subject to the imposition and payment of an administrative fine or fines as provided below as set by city council resolution.:

Number of Offense in
One-Year Period
Amount of Administrative
Penalty
Late
Charge
Total Amount of Penalty
plus Late Charge
First $250.00 $50.00 $300.00
Second $500.00 $100.00 $600.00
Third $750.00 $200.00 $950.00

5. Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of this chapter, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of this chapter.

6. Because of the serious threat of fire or injury posed by the use of dangerous fireworks” that can result from persistent or repeated failures to comply with the provisions of this code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this chapter imposes strict Number of Offense
in One-Year Period
Amount of
Administrative Penalty
Late Charge Total Amount of
Penalty
plus Late Charge
First $500.00 $150.00 $650.00
Second $750.00 $250.00 $1,000.00
Third $1,000.00 $500.00 $1,500.00
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civil liability upon the owners of residential real property for all violations of this code existing on their residential real property.

7. Issuance of Administrative Citation-Contents. Whenever an enforcement officer (EO) determines that a violation of the code has occurred, the EO shall issue an administrative citation in compliance with the requirements of chapter 1.20.

SECTION 8: Subsection (E) of Section 8.10.150 (Enforcement) of Chapter 8.10 (Specific Regulations for Organic Waste Disposal Reduction, Recycling, and Solid Waste Collection and Recycling Programs) of Title 8 (Health and Safety) is amended to read:

E. Penalty Amounts for Types of Violations. The penalty levels for city -issued notices of violation are as follows:

1. For a first violation, the amount of the base penalty shall be $50.00 per violation.

2. For a second violation, the amount of the base penalty shall be $100.00 per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be $250.00 per violationshall be set by city council resolution.

SECTION 9: Subsection (F) of Section 9.16.010 (Juvenile curfew) of the Chapter 9.16 (Curfew for Minors) of Title 9 (Public Peace, Morals and Welfare) is amended to read:

F. Penalties and Fines.

1. Violation of any portion of this section shall constitute an infraction punishable by a fine not to exceed one hundred dollars for the first violation, a fine not to exceed two hundred dollars for the second violation within one year and a fine not to exceed five hundred dollars for each additional violation within one year . There shall be a separate infraction for each day on which a violation occurs. The city shall furnish notice of any citation for an infraction under this section to the parent or leg al guardian of the minor who committed the infraction. The fines imposed under this section shall not be invalidated in the event that the minor's parent or legal guardian does not receive or was not sent notice of the citation or the fines associated therewith.

2. In addition to the fines listed in subsection (F)(1) of this section, the city may recover administrative and transportation costs from parents or guardians of juvenile offenders who violate this section consistent with the provisions of California Welfare and Institutions Code Section 625.5 and in the amounts established in the city's master fee schedule. 188

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3. Enforcement pursuant to this section shall be undertaken by the city of Suisun City through its police department and the city attorney.

SECTION 10: Section 9.21.040 (Administrative Fines) of Chapter 9.21 (Social Hosts) of Title 9 (Public Peace, Morals and Welfare) is amended to read:

In addition to any and all other costs, fees, penalties and expenses which may be assessed or imposed as a result of a violation of this chapter, any person who violates any provision of this chapter shall be liable and responsible for, and shall pay to th e city an administrative fine of $1,000.00in an amount set by city council resolution.

SECTION 11: Subsection (B) of Section 9.28.080 (Abandoned carts) of Chapter 9.28 (Shopping Carts) of Title 9 (Public Peace, Morals and Welfare) is amended to read:

B. Administrative Costs and Fines.

1. Any owner that fails to retrieve any abandoned cart after receiving the notice by the city shall pay the administrative fees established in the city ’s master fee schedule for providing notice to the owner and for retrieving and storing the cart.

2. Any owner that fails to retrieve an abandoned cart within three days of receiving the notice in accordance with this article in excess of three times during a specified six -month period shall be subject to the fine established in the city's master fee schedule for each occurrencean administrative fine pursuant to Chapter 1.20 . An occurrence includes all carts owned by the owner that are impounded by the city in a one -day period. This fine shall be in addition to any other fees or costs that are due pursuant to the city ’s master fee schedule, and shall not be exclusive of any other remedies or penalties available to the city.

SECTION 1 2: Section 12.12.090 (Prohibitions on smoking at city parks and recreational areas ) of Chapter 12.12 (Parks and Recreation Facilities) of Title 12 (Streets, Sidewalks and Public Places) is amended to read:

A1. No person shall smoke a cigarette, cigar, pipe, electronic smoking device, or any other combustible substance within a city park or recreational area except in a designated area, or dispose of a lighted or unlighted cigarette, cigar, pipe, or any other combustible substance or tobacco-related waste within a park, marina waters or recreational facility, except in an ashtray or other device designated for such disposal.

B2. Tot lot sandbox areas or playgrounds as defined in California Health and Safety Code Section 104495, shall remain governed by said Section 104495 as well as by this section. 189

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C3. Any person who violates this section is guilty of an infraction and shall be punished by a fine of $250.00 for each violation of this section , in accordance with Chapter

1.08. Punishment under this section shall not preclude punishment pursuant to Health and Safety Code Section 104495, as well as Section 13002, Section 374.4 of the Penal Code, or any other provision of state law.

SECTION 13: Section 12.24.050 (Violations) of Chapter 12.24 (Camping on Public Property) of Title 12 (Parks and Recreation Facilities) of Title 12 (Streets, Sidewalks and Public Places) is amended to read:

The first violation of this chapter shall be an infraction punishable by a fine not exceeding $50.00. The second and each subsequent violation of this chapter within a one -year period, may be prosecuted as a misdemeanor, punishable by a fine not exceeding $1,000.00 or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonmentin accordance with Chapter 1.08.

SECTION 14: Section 12.32.120 (Violations) of Chapter 12.32 (Special Events Permit) of Title 12 (Streets, Sidewalks and Public Places) is amended to read:

A. Violations of this chapter shall be charged to the applicant and/or sponsor of the event pursuant to Chapters 1.08 (General Penalty) as infractions, and 1.20 (Administrative Citations) of this Code, as well as any other remedies available to the city at la w or equity.

Unauthorized use of city water is punishable by a civil fine not exceeding $250.00 per day of water use.in an amount set by City Council resolution.

B. In addition to the penalties provided for in Chapters 1.08 (General Penalty) and

1.20 (Administrative Citations) of this Code, sponsors, applicants, or participants of an event may be cited and/or ejected from the public property for violations of this chapter, or other unlawful conduct, after notice and an opportunity to cure the violation.

SECTION 15: Section 15.04.090 (Violations and penalties) of Chapter 15 (Permits – Uniform Code) of Title 15 (Buildings and Construction) is amended to read:

A. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done in violation of this chapter.
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B. Any person, firm, corporation or other entity which violates any of the provisions of this chapter including any of the codes adopted by reference, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detaile d statement of specification of plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction shall be guilty of an infraction unless otherwise provided in this code.

C. Any person, firm, corporation or other entity which is guilty of an infraction under this chapter shall be punished by:

1. A fine not exceeding $100.00 for the first violation;

2. A fine not exceeding $500.00 for a second or subsequent conviction within one- year.is punishable pursuant to the fine amounts as set forth in Section 36900(c) of the Government Code relating to violations of building and safety codes, including any amendments or successor statues thereto.

D. Any failure to correct the condition for which the infraction is imposed within a period of seven days after the issuance of a citation, and for each seven -day period thereafter may be treated as a separate and additional violation subject to the same pena lties set forth herein.

E. In addition to the penalties set forth above, any violation beyond the third conviction within a one -year period or any willful violation of this section which creates an immediate threat to the health, safety or welfare of the members of the public or the occupants of any structure in violation of this section may be charged as a misdemeanor punishable as provided in Chapter 1.08.

FD. In addition to the penalties set forth herein, any person, firm, corporation or other entity guilty of a violation of this chapter shall be liable for such costs, expenses and disbursements paid or incurred by the city in correction, abatement and prosecution of the violation.

SECTION 16: Subsection (A) of Section 21.08.020 (Penalties) of the Chapter 21.08 (Rates) of Title 21 (Marinas) is amended to read:

A. Any person violating any of the provisions of this title shall be guilty of an infraction, punishable by fines as authorized by Government Code Section 36900. Said fine is 191

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not to exceed one hundred dollars for the first conviction; two hundred dollars for a second conviction within one year; and five hundred dollars for a third or subsequent conviction within one yearin accordance with Chapter 1.08. Upon conviction, each day on which any violation of this title is committed or permitted, may be Each day a violation continues is considered a separate offense, punishable as specified by this section.

SECTION 17 : SEVERABILITY. 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 will 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 t he ordinance would be subsequently declared invalid or unconstitutional.

SECTION 18: ADOPTION AND EFFECTIVE DATE. This Ordinance shall be in full force and effect 30 days after its second reading and adoption.

SECTION 19: PUBLICATION. The City Clerk is directed to cause this Ordinance to be published within 15 days of its passage in a newspaper of general circulation published and circulated within the City of Suisun City.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Suisun City, California, on this ___ day of December 2023.

Alma Hernandez, Mayor
ATTEST:

Anita Skinner, City Clerk

APPROVED AS TO FORM
AND LEGAL CONTENT:

Aleshire & Wynder, LLP

_______________________________
Elena Q. Gerli, City Attorney

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CERTIFICATION
I, Anita Skinner, City Clerk of the City of Suisun City and ex-officio Clerk of the City Council of said City, do hereby certify that the above and foregoing ordinance was introduced at a regular meeting of the said City Council held on November ___, 2023 and passed and adopted at a regular meeting of said City Council held on December ___, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this ___ day of December 2023.

Anita Skinner
City Clerk

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUISUN
CITY, CALIFORNIA, REPEALING CHAPTER 1.16
(ADMINISTRATIVE COMPLIANCE ORDERS ) AND AMENDING
CHAPTER 1.20 (ADMINISTRATIVE CITATIONS) TO TITLE 1
(GENERAL PROVISIONS); AND AMENDING SECTIONS 1.08.030,

5.16.240, 6.07.040(B), 8.040.050(U), 8.10.150(E), 9.16.010(F), 9.21.040,

9.28.080(B), 12.12.090, 121.24.050, 12.32.120, 15.04.090, AND 21.08.020(A)

OF THE SUISUN CITY MUNICIPAL CODE
WHEREAS, the City of Suisun City is a general law city in the County of Solano, State of California.

WHEREAS, pursuant to the Suisun City Municipal Code (SCMC), fines are levied as an incident of a voluntary act of an individual or business and not the result of property ownership.

WHEREAS, the City is responsible for enforcement of the SCMC in its entirety.

WHEREAS, the SCMC includes Chapter 1.16 (Administrative Compliance Orders), which is duplicative of other provisions in the SCMC, and which is not being utilized.

WHEREAS, the City Council finds that the amount of civil fines imposed for violations of municipal code provisions should be removed from the SCMC and adopted by resolution for consistency and ease of use.

WHEREAS, the City Council desires to amend and update the provisions throughout the SCMC to provide clarity and consistency.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUISUN CITY ORDAINS AS FOLLOWS:

SECTION 1: The above recitals are correct and incorporated herein by reference.

SECTION 2: Chapter 1.16 (Administrative Compliance Orders ) of Title 1 (General Provisions) of the Suisun Municipal Code is repealed and deleted in its entirety.

SECTION 3: Section 1.08.030 (Infraction penalty) of Chapter 1.08 (General Penalty) of Title 1 (General Provisions) is amended to read:

Any person convicted of an infraction for violation of an ordinance of the city is punishable by a fine as provided for in Section 36900 of the Government Code, including any amendments or successor statutes thereto.
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SECTION 4: Chapter 1.20 (Administrative Citations) of Title 1 (General Provisions) of the Suisun Municipal Code is repealed and replaced with the following:

1.20.010 - Applicability.

A. This chapter provides for administrative citations which are in addition to all other legal and equitable remedies and provides an alternative to any criminal prosecutions which may be pursued by the city to address any violation of this code or of any reg ulations adopted under the authority of this code.

B. Use of the remedies and procedures of this chapter shall be at the city’s sole discretion, and shall not limit or preclude the use of criminal or civil injunctive code enforcement proceedings in addition or in conjunction with this chapter.

1.20.020 - Definitions.

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:
“City” means the City of Suisun City.
“City manager” means the city’s City Manager, and shall include their designee. “Enforcement officer” means any city employee or agent of the city with the authority to enforce any provision of this code.
“Finance director” means the city’s Director of Finance and shall include their designee. “Person” means an individual or entity of any kind.

1.20.030 - Administrative citations.

A. Whenever an enforcement officer determines that a violation of any provision of this code has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation.

B. Prior to the issuance of an administrative citation for a violation which pertains to building, plumbing, electrical, or similar structural or zoning matters that does not create an immediate danger to health or safety, the enforcement officer shall provide a reasonable period of time not less that five business days to correct or otherwise remedy the violation.

C. Each administrative citation shall contain the following information:

1. The date of the violation;

2. The address or a definite description of the location where the violation occurred or is occurring;
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3. The code section violated and a description of the acts or omissions constituting the violation;

4. The amount of the penalty for the code violation , which amount shall be set by city council resolution;

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

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

7. The name and signature of the enforcement officer.

D. Each day a violation continues is a new violation and may be cited as such.

1.20.040 - Service.

A. An administrative citation may be served by personal delivery on any person determined to be responsible for the violation, or by certified mail, postage prepaid, return receipt requested, addressed to a location reasonably likely to give notice to the responsible party of the administrative citation, or posted in a conspicuous location on or in the vicinity of the property.

B. All notices subsequent to service of a citation may be served either by personal delivery or by certified mail, postage prepaid, return receipt requested, and shall be deemed effective on the date of personal delivery or when the certified mail is either d elivered or delivery attempted. If the certified mail receipt is returned unsigned, then service may instead be effected by regular first class mail, postage prepaid, provided that the notice sent by regular mail is not returned by the postal service as undeliverable, and shall be deemed effective three calendar days following deposit of the notice in the mail.

C. Where a violation of code provisions concerning the condition of real property is involved, an administrative citation or subsequent written notices may be served by personal delivery or by certified mail at the property owner address shown on the last equalized county assessment roll. Where such delivery or service by certified mail upon the property owner is unsuccessful, service may be effected alternately or additionally by posting a copy of the citation or notice at a conspicuous location on the property which is the subject of the citation or notice . Where service of any citation or notice is effected in compliance with the 196

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requirements of this section, the asserted failure of any person to receive the notice shall not affect the validity of the citation, notice, or any proceedings related thereto.

1.20.050 Amount of administrative penalties.

The amounts of administrative penalties for code violations imposed pursuant to this chapter are set , and may be amended from time to time, by city council resolution . Late payment shall be subject to late payment penalties as established by city council resolution.

1.20.054 Authority to outsource collection and administrative hearing procedures.

The city may, at its discretion, hire a service provider to process administrative citations and appeals in accordance with Section 1.20.050 et seq. Any such vendor shall be deemed the city’s designee.

1.20.060 - Payment of administrative penalties.

A. The administrative penalty shall be paid to the city through its finance director within 30 days from the date the administrative citation is served. If a hearing is requested pursuant to Section 1.20.070, the administrative penalty shall be deposited with the finance director or a notice shall be filed with the finance director that an advance hardship waiver has been requested as required in Section 1.20.080.

B. Any administrative penalty shall be refunded in accordance with Section

1.20.110(F) if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that no violation occurred.

1.20.070 - Hearing request.

A. Any recipient of an administrative citation may appeal the citation on the grounds that no violation occurred, or that they are not responsible for the violation, by filing a request for hearing form with the finance director within 30 days from the date of service of the administrative citation, together with either an advance deposit of the administrative penalty or a request for advance deposit hardship waiver form.

B. The person requesting the hearing shall be notified by first class mail, postage prepaid, of the time and place set for the hearings by mailing a notice of hearing at least 10 days prior to the date of the hearing.

C. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, a copy of this 197

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report also shall be mailed to the person requesting the hearing at least five days prior to the hearing date.

1.20.080 - Advance deposit hardship waiver.

A. Any person who claims to be financially unable to make the advance deposit of the fine as required in Section 1.20.070(A) may file a request for an advance deposit hardship waiver.

B. The request shall be filed with the finance director on or before the filing of a hearing request, and may only be made by the person who was issued the citation.

C. A hardship waiver request must be accompanied by a sworn declaration by the requestor, together with any supporting evidence demonstrating the requestor’s actual financial inability to deposit the full amount of the fine in advance of the hearing.

D. The finance director shall issue a written determination listing the reasons for determining to issue or not issue the advance deposit hardship waiver. The written determination of the finance director shall be final, subject only to judicial review as pro vided by law.

1. Upon receipt and review of satisfactory evidence, the finance director shall waive the requirement of an advance deposit.

2. If the finance director determines not to waive the advance deposit, the requestor shall remit the deposit to the city within 10 days of the date of the notice of that decision in order to secure the hearing.

E. The finance director’s written determination shall be served upon the person who applied for the advance deposit hardship waiver.

1.20.090 - Hearing officer.

The city manager shall designate an impartial hearing officer to hear an appeal pursuant to Section 1.20.070.

1.20.100 - Hearing procedures.

A. No appeal hearing shall be noticed unless the administrative penalty has been deposited in advance in accordance with Section 1.20.070(A) , or an advance deposit hardship waiver has been issued in accordance with Section 1.20.080. 198

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B. A hearing shall be set for a date that is not less than 15 days and not more than 60 days from the date of the filing of the request for hearing. The hearing may be continued for good cause.

C. At the hearing, the appellant shall be given the opportunity to testify and present evidence and cross -examine witnesses concerning the violation. That appellant may appear personally or through an attorney. Prehearing discovery is not authorized, but subpoena of witnesses and documents shall be permitted as authorized by law. The hearing shall be conducted informally, both as to rules of procedure and admission of evidence, in any manner which will provide a fair hearing.

D. The failure of an appellant to appear at the hearing may be deemed an admission of the violation by the recipient and an admission that the amount of the administrative penalty is appropriate and may constitute a failure to exhaust administrative remedies barring judicial review.

E. The administrative citation and any additional report submitted by the enforcement officer shall constitute presumptive evidence of the respective facts contained in those documents.

F. The hearing officer may continue the hearing to request additional information from the enforcement officer or the appellant.

1.20.110 - Hearing officer’s decision.

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall, based on a preponderance of the evidence, issue a written decision to sustain or overturn the administrative fine and the reason for that decision. The decision of the shall be issued within 15 days of the completion of the hearing , and shall include findings of fact and conclusions of law. The hearing officer shall issue written findings on each violation.

The findings shall be supported by evidence received at the hearing.

B. If the hearing officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fine.

C. If the hearing officer determines that the administrative fine should be overturned, the city shall, within 10 days of the decision, refund the amount deposited. 199

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D. The recipient of the administrative citation shall be served with a copy of the hearing board’s written decision within 5 days of issuance.

F. The decision of the hearing officer shall be final upon service on the responsible party, subject only to judicial review pursuant to Section 53069.4 of the Government Code. The hearing officer’s decision shall provide notice of this right of judicial review and the time allowed therefore by law.

G. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of the administrative citation fines and other penalties upheld by the hearing officer.

1.20.120 – Collection of administrative penalties.

A. Administrative fines sustained by the hearing officer are a debt owed to the city and in addition to all other means of enforcement, if the violation concerns the condition of real property, may be enforced by means of a lien against the real property on which the violation occurred in accordance with Section 1.20.170.

1.20.130 - Administrative costs.

A. The hearing officer may assess administrative costs against the person found responsible for the violation when they sustain the administrative fine.

B. Administrative costs may include any and all costs incurred by the city in connection with the hearing, including, but not limited to, cost of the enforcement officer incurred in preparation for the hearing and participating in the hearing itself and costs of the city to conduct the hearing. Failure to pay administrative costs in the amount specified in the administrative hearing officer’s decision on or before the date specified in that decision may be collected in the same manner as delinquent fines.

1.20.140 - Failure to pay administrative penalties and costs.

Failure to pay the assessed administrative penalties and/or administrative costs specified in a hearing board’s decision may be enforced as:

A. A personal obligation of the person found responsible for the violation; and/or B. If the violation is in connection with real property, a lien upon the real property in accordance with Section 1.20.170, which shall remain in effect until all of the administrative penalties, interests, and administrative costs are paid in full.

1.20.150 - Judicial review.
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Any person subject to a decision of the hearing officer may obtain review of the decision in the appropriate court pursuant to the provisions of California Government Code Section 53069.4.

1.20.160 - Collection of administrative penalties.

The city may collect the amount the assessed administrative penalties and administrative costs by use of all available legal means, including recording of a lien pursuant to the provisions of this chapter.

1.20.170 - Lien procedure.

A. Whenever the amount of any administrative penalty and/or administrative cost imposed in connection with real property has not been satisfied in full within 90 days, unless tolled by a timely request for judicial review pursuant to Government Code Section 53069.4 or reversed by court order, this obligation may constitute a lien against any real property involved where any violation was determined to concern the condition of that real property, or as a special assessment against the property where the code violation occurred.

B. The finance director shall prepare and file with the city clerk a report stating the amounts due and owing. The city clerk shall fix a time, date , and place for the city council to hear such report and any protests or objections thereto.

C. The finance director shall cause written notice to be served on each property owner whose interest is disclosed by the current county equalized assessment roll not less than 10 days prior to the time set for the hearing.

D. The lien provided herein shall have no force and effect until recorded with the county auditor. Once recorded, the lien shall have the force and effect and priority of a judgment lien governed by the provisions of Section 697.340 of the California Code of Civil Procedure and may be extended as provided in Sections 683.110 through 683.220 of the California Code of Civil Procedure.

E. Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law.

1.20.180 - Public hearing and protests of proposed liens.

A. Any person owning a legal or equitable interest in real property proposed to be subject to a lien pursuant to Section 1.20.170 may file a written protest with the city clerk and/or may protest orally at the city council hearing.
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B. Each written protest or objection must contain a description of the property in which the protesting party has a legal or equitable interest and the grounds of such protest or objection. The grounds for protest or objection, and any evidence or testimony s ubmitted in support or in opposition to the imposition of a lien, shall be confined to whether the amount of any administrative penalty and/or administrative cost imposed was satisfied in full within the time allowed by law and/or successfully challenged by a timely writ of mandate.

C. The city council, after the hearing, shall adopt a resolution confirming, discharging, or modifying the amount of lien based upon evidence produced at the hearing.

1.20.190 - Recording of lien.

Thirty days following the adoption of a resolution by the city council imposing a lien, the finance director or designee shall file a certified copy of the cost report with the Solano County auditor. The finance director or designee shall request the audit or to enter each assessment on the Solano County tax roll and collect the amount of the assessment at the time and in the manner of ordinary municipal taxes. The lien may carry such additional administrative charges as set forth by resolution of the city council.

1.20.200 Personal obligation.

Any costs or penalties subject to collection under this chapter may be recovered as a personal obligation against the responsible party and may be referred to a collection agency or the City Attorney’s Office for collection. Upon referral of these costs an d obligations, the collection agency and the City Attorney’s Office may seek collection through any legal means provided to them, including judicial action. Nothing in this section shall be affected by or affect the city’s use of any other procedure provided in this chapter or by law to collect unpaid costs and penalties.

SECTION 4. Section 5.04.460 (Violations and Penalties) of Article VII (Enforcement) of Chapter 5.04 (Business Licenses Generally) of Title 5 (Business Taxes, Licenses and Regulations) is amended to read:

A. Any person, firm, corporation or other entity violating any provisions of this title shall be guilty of an infraction punishable pursuant to Chapter 1.08. Each day of a violation of this chapter shall be deemed a new violation.
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B. Any person guilty of a violation of this chapter shall be liable for such costs, expenses and disbursements paid or incurred by the city in correction abatement and prosecution of the violation.

SECTION 5: Section 5.16.240 (Violation—Penalty) of Chapter 5.16 (Pawnbrokers, Secondhand Dealers And Junk Dealers) of Title 5 (Business Taxes, Licenses and Regulations) is amended to read:

Whenever in this chapter any act is prohibited or made or declared to be unlawful or an offense, or the doing of any act is required, or the failure to do any act if forbidden or declared unlawful, the violation of any such provision of this chapter is an infraction. Every day any violation of this chapter continues constitutes a separate offense.

SECTION 6: Section 6.07.040 (B) ( Enforcement and penalties ) of Chapter 6.07 (Dangerous Animals) of Title 6 (Animals) is amended to read:

B. Violations and Penalties. Any violation of this chapter involving a dangerous animal shall be a misdemeanor punishable in accordance with Chapter 1.08.

SECTION 7: Subsection (U) of Section 8.04.050 (Safe and Sane Fireworks) of Chapter

8.04 (Fireworks) of Title 8 (Health and Safety) is amended to read:

U. Administrative Fines and Penalties

1. This chapter authorizes the imposition of administrative fines on any person who violates any provision of this chapter in order to encourage and obtain compliance with the provisions of this chapter for the benefit and protection of the entire community.

2. The issuance of citations, imposing administrative fines, right to appeal, and the right for an administrative hearing shall be performed in accordance with chapter 1.20.

3. This chapter governs the imposition, enforcement, collection and administrative review of all administrative fines, related to the possession, use, storage, sale and/or display of quantities less than 25 pounds of those fireworks classified as “dangerous fireworks ” in California Health and Safety Code Section 12500, et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of “safe and sane fireworks ” as defined in California Health and Safety Code Section 12500 et seq. on or at dates, times and/or locations other than those permitted by this chapter. Said administrative fines are imposed under authority of Government Code Section 53069.4, Health and Safety Code Section 12557, and the police power of the city.
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4. Administrative Fines. Each person who violates any provision of this code as it relates to the possession, use, storage, sale and/or display of “dangerous fireworks” shall be subject to the imposition and payment of an administrative fine as set by city council resolution.

5. Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of this chapter, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of this chapter.

6. Because of the serious threat of fire or injury posed by the use of dangerous fireworks” that can result from persistent or repeated failures to comply with the provisions of this code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this chapter imposes strict civil liability upon the owners of residential real property for all violations of this code existing on their residential real property.

SECTION 8: Subsection (E) of Section 8.10.150 (Enforcement) of Chapter 8.10 (Specific Regulations for Organic Waste Disposal Reduction, Recycling, and Solid Waste Collection and Recycling Programs) of Title 8 (Health and Safety) is amended to read:

E. Penalty Amounts for Types of Violations. The penalty levels for city -issued notices of violation shall be set by city council resolution.

SECTION 9: Subsection (F) of Section 9.16.010 (Juvenile curfew) of the Chapter 9.16 (Curfew for Minors) of Title 9 (Public Peace, Morals and Welfare) is amended to read:

F. Penalties and Fines.

1. Violation of any portion of this section shall constitute an infraction. There shall be a separate infraction for each day on which a violation occurs. The city shall furnish notice of any citation for an infraction under this section to the parent or lega l guardian of the minor who committed the infraction. The fines imposed under this section shall not be invalidated in the event that the minor's parent or legal guardian does not receive or was not sent notice of the citation or the fines associated therewith.

2. In addition to the fines listed in subsection (F)(1) of this section, the city may recover administrative and transportation costs from parents or guardians of juvenile offenders who violate this section consistent with the provisions of California Welfare and Institutions Code Section 625.5 and in the amounts established in the city's master fee schedule. 204

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3. Enforcement pursuant to this section shall be undertaken by the city of Suisun City through its police department and the city attorney.

SECTION 10: Section 9.21.040 (Administrative Fines) of Chapter 9.21 (Social Hosts) of Title 9 (Public Peace, Morals and Welfare) is amended to read:

In addition to any and all other costs, fees, penalties and expenses which may be assessed or imposed as a result of a violation of this chapter, any person who violates any provision of this chapter shall be liable and responsible for, and shall pay to th e city an administrative fine in an amount set by city council resolution.

SECTION 11: Subsection (B) of Section 9.28.080 (Abandoned carts) of Chapter 9.28 (Shopping Carts) of Title 9 (Public Peace, Morals and Welfare) is amended to read:

B. Administrative Costs and Fines.

1. Any owner that fails to retrieve any abandoned cart after receiving the notice by the city shall pay the administrative fees established in the city ’s master fee schedule for providing notice to the owner and for retrieving and storing the cart.

2. Any owner that fails to retrieve an abandoned cart within three days of receiving the notice in accordance with this article in excess of three times during a specified six -month period shall be subject to an administrative fine pursuant to Chapter 1.20 . An occurrence includes all carts owned by the owner that are impounded by the city in a one-day period. This fine shall be in addition to any other fees or costs that are due pursuant to the city ’s master fee schedule, and shall not be exclusive of any other remedies or penalties available to the city.

SECTION 1 2: Section 12.12.090 (Prohibitions on smoking at city parks and recreational areas ) of Chapter 12.12 (Parks and Recreation Facilities) of Title 12 (Streets, Sidewalks and Public Places) is amended to read:

A. No person shall smoke a cigarette, cigar, pipe, electronic smoking device, or any other combustible substance within a city park or recreational area except in a designated area, or dispose of a lighted or unlighted cigarette, cigar, pipe, or any other combustible substance or tobacco-related waste within a park, marina waters or recreational facility, except in an ashtray or other device designated for such disposal.

B. Tot lot sandbox areas or playgrounds as defined in California Health and Safety Code Section 104495, shall remain governed by said Section 104495 as well as by this section. 205

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C. Any person who violates this section is guilty of an infraction , in accordance with Chapter 1.08 . Punishment under this section shall not preclude punishment pursuant to Health and Safety Code Section 104495, as well as Section 13002, Section 374.4 of the Penal Code, or any other provision of state law.

SECTION 13: Section 12.24.050 (Violations) of Chapter 12.24 (Camping on Public Property) of Title 12 (Parks and Recreation Facilities) of Title 12 (Streets, Sidewalks and Public Places) is amended to read:

The first violation of this chapter shall be an infraction punishable by a fine not exceeding $50.00. The second and each subsequent violation of this chapter within a one -year period, may be prosecuted as a misdemeanor, punishable in accordance with Chapter 1.08.

SECTION 14: Section 12.32.120 (Violations) of Chapter 12.32 (Special Events Permit) of Title 12 (Streets, Sidewalks and Public Places) is amended to read:

A. Violations of this chapter shall be charged to the applicant and/or sponsor of the event pursuant to Chapters 1.08 (General Penalty) as infractions, and 1.20 (Administrative Citations) of this Code, as well as any other remedies available to the city at la w or equity.

Unauthorized use of city water is punishable by a civil fine in an amount set by City Council resolution.

B. In addition to the penalties provided for in Chapters 1.08 (General Penalty) and

1.20 (Administrative Citations) of this Code, sponsors, applicants, or participants of an event may be cited and/or ejected from the public property for violations of this cha pter, or other unlawful conduct, after notice and an opportunity to cure the violation.

SECTION 15: Section 15.04.090 (Violations and penalties) of Chapter 15 (Permits – Uniform Code) of Title 15 (Buildings and Construction) is amended to read:

A. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done in violation of this chapter.

B. Any person, firm, corporation or other entity which violates any of the provisions of this chapter including any of the codes adopted by reference, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detaile d statement of specification of plans submitted and approved thereunder, or any certificate or 206

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permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction shall be guilty of an infraction unless otherwise provided in this code.

C. Any person, firm, corporation or other entity which is guilty of an infraction under this chapter is punishable pursuant to the fine amounts as set forth in Section 36900(c) of the Government Code relating to violations of building and safety codes, including any amendments or successor statues thereto.

D. Any failure to correct the condition for which the infraction is imposed within a period of seven days after the issuance of a citation, and for each seven -day period thereafter may be treated as a separate and additional violation subject to the same pena lties set forth herein.

E. In addition to the penalties set forth above, any violation beyond the third conviction within a one -year period or any willful violation of this section which creates an immediate threat to the health, safety or welfare of the members of the public or the occupants of any structure in violation of this section may be charged as a misdemeanor punishable as provided in Chapter 1.08.

F. In addition to the penalties set forth herein, any person, firm, corporation or other entity guilty of a violation of this chapter shall be liable for such costs, expenses and disbursements paid or incurred by the city in correction, abatement and prosecution of the violation.

SECTION 16: Subsection (A) of Section 21.08.020 (Penalties) of the Chapter 21.08 (Rates) of Title 21 (Marinas) is amended to read:

A. Any person violating any of the provisions of this title shall be guilty of an infraction, punishable in accordance with Chapter 1.08 . Each day a violation continues is considered a separate offense.

SECTION 17 : SEVERABILITY. 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 will 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 207

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invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 18: ADOPTION AND EFFECTIVE DATE. This Ordinance shall be in full force and effect 30 days after its second reading and adoption.

SECTION 19: PUBLICATION. The City Clerk is directed to cause this Ordinance to be published within 15 days of its passage in a newspaper of general circulation published and circulated within the City of Suisun City.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Suisun City, California, on this ___ day of December 2023.

Alma Hernandez, Mayor
ATTEST:

Anita Skinner, City Clerk

APPROVED AS TO FORM
AND LEGAL CONTENT:

Aleshire & Wynder, LLP

_______________________________
Elena Q. Gerli, City Attorney

CERTIFICATION
I, Anita Skinner, City Clerk of the City of Suisun City and ex-officio Clerk of the City Council of said City, do hereby certify that the above and foregoing ordinance was introduced at a regular meeting of the said City Council held on November ___, 2023 and passed and adopted at a regular meeting of said City Council held on December___, 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this ___ day of November 2023.

Anita Skinner, City Clerk
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RESOLUTION NO. 202 3-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN

CITY, CALIFORNIA, ESTABLISHING THE ADMINISTRATIVE

PENALTY SCHEDULE FOR VIOLATIONS OF THE SUISUN CITY

MUNICIPAL CODE

WHEREAS, the City of Suisun City is a general law City located in the County of Solano, State of California.

WHEREAS, pursuant to the Suisun City Municipal Code (SCMC), fines are levied as an incident of a voluntary act of an individual or business and not the result of property ownership.

WHEREAS, the City is responsible for enforcement of the SCMC in its entirety.

WHEREAS, Section 1.20.030(C)(4) of the SCMC provides that the fines imposed pursuant to Chapter 1.20 (Administrative Citations) for a particular violation shall be in the amount set forth in the administrative penalty schedule established by resolution of the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUISUN CITY DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1. The above recitals are found to be true and are incorporated herein by reference.

Section 2. The administrative penalty amounts set forth and attached hereto are hereby established for violations of the SCMC.

Section 3. Any penalty amount imposed pursuant to Chapter 1.20 of the SCMC and this Resolution shall be deemed delinquent if is not timely paid. The delinquency penalty is equal to three percent (3%) of the amount of the penalty remaining unpaid to the City.

Section 4. The administrative penalty schedule below specifies the civil fine amounts for violations of the SCMC.

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Resolution No. 2023-
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ADMINISTRATIVE PENALTY

SCHEDULE

Tier 1 Administrative Penalties.

Except as otherwise provided below, all violations of the SCMC are subject to the following administrative penalties: $100 for the first violation; $200 for the second violation within a 12- month period; and $500 for the third and subsequent violations within a 12-month period.

Tier 2 Administrative Penalties

Violations of the following sections of the SCMC are subject to Tier 2 administrative fines, as follows: $500 for the first violation; $750 for the second violation within a 12 -month period; and $1,000 for the third and subsequent violations within a 12-month period.

Chapter 8.04 (Fireworks)
Chapter 8.08 (Solid Wastes)
Chapter 8.12 (Public Nuisances)
Chapter 13.10 (Stormwater Management and Discharge Control) Title 15 (Buildings and Construction)

Tier 3 Administrative Penalties

Violations of the following sections of the SCMC are subject to Tier 3 administrative fines, as follows: $1,000 for the first violation; $2,500 for the second violation within a 12-month period; and $5,000 for the third and subsequent violations within a 12-month period.

[TBD at Council’s direction]

Section 5. The adoption of this resolution approves and sets forth a procedure for establishing fines and penalties for administrative citations and is, therefore, exempt from the California Environmental Quality Act (Public Resources Code Sections 21090 et seq.) pursuant to Public Resources Code Section 21080(b)(8).

Section 6. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Suisun City, California, on this ____ day of ________ 2023.

Alma Hernandez,
Mayor
ATTEST:

_______________________________
Anita Skinner,
City Clerk

State of California )
County of Solano County ) ss
City of Suisun City )

I, Anita Skinner, City Clerk of the City of Suisun City, hereby certify that the above Resolution No. 2023-__, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on ___________, 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this ____ day of __________ 2023.

Anita Skinner
City Clerk

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Proposed Updates to
Civil Fines
Ordinance and Resolution
November 21, 2023
Elena Gerli, City Attorney
Administrative Citation Ordinance
Proposed Ordinance will make the following changes to the Municipal Code:
• Amend Section 1.08.030 such that the fines for infractions will be as provided for in Gov’t Code Section 36900.
• These are not civil fines, but the language cleanup is included as it will be beneficial for enforcement.
• The reason for this update is that Section 36900 is amended periodically – to wit, since we adopted the fines in our code, the statute has added infraction fine amounts for building code violations and for violations of short ‐term rentals ordinances. These added fines are higher, so we don’t want our code to inadvertently limit the amount of fines that can be charged. • Repeal Chapter 1.16 (Administrative Compliance Orders) as it is duplicative of other provisions in the SCMC and is currently not being utilized. 1 2
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Administrative Citation Ordinance
(cont’d)
• Amend Chapter 1.20 (Administrative Citations) to Title 1 (General Provisions) to clarify the process for the issuance of administrative citations and imposition of civil fines for violations of SCMC provisions.
• Examples include adding definitions and language clean ‐ups, a section that expressly authorizes the City to contract for administrative citation processing, which would include processing appeals and recovery of fines, and a change from a hearing board to hear appeals to a hearing officer . • Amend and update provisions throughout the SCMC to make civil fines more consistent and easier to determine. The City Attorney also proposes to amend code sections that include specific fine amounts, so that such civil fines can be adopted by resolution of the City Council.

Resolution
Establishing
Administrative
Penalty
Schedule
• Proposed resolution would establish the administrative citation penalty fine schedule by setting forth the fines for violations the municipal code. • The resolution sets three tiers of penalty fines for violations of the SCMC.

Tier 1 : $100 for the first violation; $200 for the second violation; and $500 for the third and subsequent violations within a 12 ‐month period. • These fines apply to all violations unless indicated in the resolution. These fine amount are in line with what most cities have adopted.

Tier 2 : $500 for the first violation; $750 for the second violation; and $1,000 for the third and subsequent violations within a 12 ‐month period.
• Tier 2 fines are suggested for violations of Chapter 8.04 (Fireworks), Chapter 8.08 (Solid Wastes), Chapter 8.12 (Public Nuisances), Chapter

13.10 (Stormwater Management and Discharge Control), and Title 15 (Buildings and Construction)
Tier 3: $1,000 for the first violation; $2,500 for the second violation; and $5,000 for the third and subsequent violations within a 12 ‐month period.
• Right now, we have no suggestions for specific codes at this level of fines and are open to direction from the Council – the Council may decide to leave this tier blank for now, and only move certain code violations here if additional enforcement power is desired at some point, or decide to remove this tier altogether .
• The resolution also establishes that any penalty amount imposed pursuant to Chapter 1.20 and the resolution will be deemed delinquent if is not timely paid.
• The delinquency penalty will be equal to 3% of the amount of the penalty remaining unpaid to the City.
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Staff
Recommendation
• 1) Introduce and Conduct First Reading of Ordinance No. 2023‐___: An Ordinance of the City Council of the City of Suisun City, California, Repealing Chapter 1.16
(Administrative Compliance Orders) and Amending Chapter

1.20 (Administrative Citations) to Title 1 (General
Provisions); and Amending Sections 1.08.030, 5.04.460,

5.16.240, 6.07.040(B), 8.040.050(U), 8.10.150(E),

9.16.010(F), 9.21.040, 9.28.080(B), 12.12.090, 121.24.050,

12.32.120, 15.04.090, and 21.08.020(A) of the Suisun City Municipal Code; and
• 2) Adopt a Resolution of the City Council of the City of Suisun City, California, Establishing the Administrative Penalty Schedule for Violations of the Suisun City Municipal Code.

QUESTIONS?QUESTIONS?
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SUISUN CITY MAYOR INFORMATIONAL REPORT
NOVEMBER 21, 2023

MAYORAL REGIONAL BOARDS / COMMISSIONS /COMMITTEES:

Solano Transportation Authority Board Member (STA)
 Solano County Water Agency Board Member (SCWA)
Capitol Corridor Joint Powers Authority (CCJPA)
SolTrans Board of Directors
Local Agency Formation Commissioner (Alternate) (LAFCO) CAP2 Solano JPA (Solano Regional Homelessness Board)
Solano Economic Development Center Board Member
Napa-Solano Area Agency on Aging
Solano County Mayor’s Committee
City-County Coordinating Committee

Suisun City Committees / Ad-Hoc:
 Suisun-Solano Water Authority Executive Committee (President) Suisun-Solano Water Authority Board
Fairfield-Suisun Sewer District Executive Committee
Fairfield-Suisun Sewer District Board (Vice President)
Suisun City Environment and Climate Committee Chair
 Suisun City / Fairfield-Suisun Unified School District Joint Advisory Committee 30 Acre Parcel Highway 12 and Marina Mixed Use Ad-Hoc Committee City Manager Evaluation 2023 Ad-Hoc Committee
Suisun City Economic Vitality Ad-Hoc Committee

Other:
 Dia de Los Muertos Event
 Suisun City Fire Department Halloween Parade
 United States Conference of Mayors Regional Roundtable  Suisun City Homelessness Forum
 Filipino-American Association of Fairfield, Suisun, and Vacaville  Alooma Temple Commandress and Pontentate Dinner
 Presentation to the Fairfield-Suisun Rotary Club
 Salvation Army Red Kettle Event
 Solano Transportation Awards Dinner
 Veterans Day Parade
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Dia de Los Muertos Event (10/28/2023)
• Attended the first Dia de Los Muertos event hosted by the City. Congratulations to the Suisun City Recreation, Parks, and Marina Department for a job well done. • The evening consisted of live music, dancer, food trucks, activities for children from our PAL program, and Altares (Altars) that displayed and honored memory of loved ones or individuals who are no longer with us.
• The event took place at Sheldon Plaza in downtown Suisun City and drew attendees from Suisun City and throughout Solano County.
• In attendance was also Councilmember Pal.

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Suisun City Fire Department Halloween Parada (10/31/2023) • Attended the Suisun City Fire Department Halloween Parade that took place in downtown Suisun City.
• This event is an annual tradition and one that the community enjoys. • There were different costume competition categories, either by individual age group or by entering as a family or group.
• Congratulations to Suisun City Fire Department for a job well done. • In attendance was also Councilmember Dawson, Councilmember Osum, Councilmember Dawson, and Vice Mayor Washington.

United States Conference of Mayors Regional Roundtable (11/1/2023) • Attended a regional roundtable in Sacramento hosted by the United States Conference of Mayors. • In attendance were mayors from throughout the region, representatives for the U.S. Conference of Mayors and their staff.
• The focus of the meeting was for cities to identify the issues in the region. The information that was shared is then taken to senior leaders to lobby on behalf of cities. • An area of work identified was the shortage of personnel in various industries such as police officers, teachers, nurses, transportation, and mental health. • In addition, various local initiatives were discussed such as environment and climate concerns, budget, homelessness, public safety, inflation, and housing.

Suisun City/ Fairfield-Suisun Unified School District (11/2/2023) • A joint committee meeting took place at the Fairfield-Suisun Unified School District office that included staff, committee members, and two guests.
• Included in the discussion were City updates regarding Marina Village Apartments, current City projects taking place, and updates from the district regarding changes in policy around disciplinary action for defiance. At this time, a student displaying defiant behavior is no longer an item that qualifies for disciplinary action such as suspension. The district shared that they are working with behavioral experts to work on new methods to implement in schools to help address issues such as willful defiance.
• Brandon Thompson from Solano Transportation Authority provided an update regarding Microtransit and changes in their schedule to support the needs of students that were addressed at the last meeting. Specifically, ensuring that Microtransit schedules are aligned with FAST schedules for students returning from Green Valley MS.
• David Knott and Eric Butcher were guests at this meeting. David Knott presented to the district an update on Chess and programs for Suisun City students. Eric Butcher presented on opportunity to host a kids fishing derby in 2024 and requested school district support. • In attendance was also Councilmember Dawson.

Suisun City Homelessness Forum (11/2/2023)
• Attended the Suisun City Homelessness Forum that took place at the Joseph Nelson Community Center.
• The event consisted of a guest with lived experience, service providers, city staff, City Council, and community members.
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• The forum was facilitated by a guest facilitator who provided a recap of the April 2023 homelessness forum and helped facilitated the community questions. In attendance was Solano County Supervisor Mitch Mashburn who helped answer questions at a county and regional level. • The forum identified areas of work Suisun City could engage in directly and also how to strengthen the support for individuals facing homelessness or potentially facing homelessness. • Udpates included an increase in shelter beds available to Suisun City from 2 to 4 without increasing funding, an update on the Pickering Property (corner of Sunset and Railroad Avenue) regarding a nuisance abatement warrant and cleanup as well as fencing of the property, future funding opportunities to address the shortage of affordable housing, and regional funding through CAP2Solano JPA.
• In attendance were also Councilmember Dawson and Councilmember Osum.

Filipino-American Association of Fairfield, Suisun, and Vacaville Event (11/3/2023) • Attended the 67
th Annual Filipino-American Association of Fairfield, Suisun, and Vacaville annual event at the Fairfield Community Center.
• This event included a cultural celebration of the Filipino-American community, live entertainment, and a Proclamation from Solano County Supervisor Williams. • The keynote speaker of the event was Suisun City Councilmember Marlon Osum. • The event gathered community members and civic leaders from across the region. • In attendance were also Councilmember Dawson and Councilmember Osum.

Alooma Temple- Commandress and Pontentate Dinner (11/4/2023) • Attended the annual dinner hosted by the Alooma Temple located in downtown Suisun City. The event took place at the Hilton Garden Inn in the City of Fairfield. • The event included members from across the region and nation. • The event honored this year’s Commandress and Pontentate in celebration of their community service and civic engagement and a Proclamation was presented to each honoree. • Alooma Temple provided an overview of the community engagement they supported this year which included work with the Suisun City Kroc Center, the Suisun Breezewood Apartments, an easter egg hunt, various donations, participation in the Fairfield 4 th of July Parade, and volunteer
work throughout the community.
• In attendance was also Councilmember Dawson.

Suisun-Solano Water Authority Executive Committee Meeting (11/6/2023) • Met with the Suisun-Solano Water Authority Executive Committee. • Reviewed a future agenda item regarding how to notify community members of any urgent or emergency work being conducted by the Solano Irrigation District. • The November board meeting was cancelled due to lack of business items. The next meeting will be held in December.

Presentation to the Fairfield-Suisun Rotary Club (11/7/2023) • Presented an overview on updates and challenges of Suisun City to the Fairfield-Suisun Rotary Club.
• The presentation included references to the 2023 State of the City and Suisun City Homelessness Forum.
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• The overview provided updates regarding city manager changes, an overview of our city councilmembers, current development updates, overview of department highlights, and current Suisun City challenges.

Salvation Army Red Kettle Event (11/8/2023)
• Attended the annual Red Kettle event hosted by the Salvation Army which took place at the Jelly Belly visitors center.
• The event consisted of community and civic leaders from throughout the region and featured highlights of the work done by the Salvation Army in our local communities. • The event provided an opportunity to help fundraise to support the Salvation Army or to volunteer to help ring for Red Kettle donations throughout the holiday season. • I have volunteered a Mayor’s Day of ringing for donations, date and location to be determined. • In attendance was also Vice Mayor Washington.

Solano Transportation Awards Dinner (11/8/2023)
• Attended the annual awards dinner hosted by the Solano Transportation Authority which took place at the Clocktower in the City of Benicia.
• As a board member, I had the opportunity to present one of the awards. • Suisun City was nominated for the McCoy Creek Project- Phase 2. • The event consisted of a multitude of transportation partners from throughout the Bay Area, including direct partners to Suisun City such as CalTrans. • In attendance were also Councilmember Pal, Councilmember Osum, and Vice Mayor Washington.

Solano County Water Authority Board Meeting (11/9/2023) • Attended the Solano County Water Authority Board meeting which took place in board chambers in Vacaville.
• The main topic of this meeting was to address an agenda item regarding directing staff to enter conversations with the CEO of California Forever, Jan Sramke, who represents the organization that has purchased more than 50K acres of land in Solano County. • The meeting consisted of over 50 in person attendees and over 100 remote attendees via Zoom. • The board voted by majority to not engage in conversations at this time until a vote by the public had been made regarding the future potential of a new city to be formed.

Veterans Day Parade (11/11/2023)
• Participated in the Veterans Day Parade in the City of Fairfield on the Suisun City fire truck. • The event consisted of various organizations and non-profits participating in the parade to show our support and honor our veterans.
• The event took place in downtown Fairfield and included community members from Fairifled and Suisun City.
• In attendance were also Councilmember Dawson and Councilmember Osum. 218