ACTION:
____________________________
Clerk/Secretary
Department: Finance Item No: C3
Prepared by: Matt McDonald, Finance Manager Meeting Date: April 23, 2024 Approved by:
Mike Sylvia, Director/Treasurer
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: COLLECTION OF DELINQUENT FISCAL YEAR 2023/24 PROPERTY-RELATED
ADMINISTRATIVE CITATIONS
RECOMMENDATION:
1.Adopt City Council Resolution No. 2024- , declaring its intent to set a Public Hearing for collection of delinquent property-related administrative citation charges.
2.Set June 11, 2024 as the date of the public hearing to levy assessments on the 2024/25 property tax roll for collection of delinquent property-related administrative citations.
CORRELATION TO CITY COUNCIL GOALS: Supports the following City Council goal: Fiscal Responsibility.
PRIOR ACTION: On June 13, 2023, adopted City Council Resolution No. 2023-106, approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2023-24 property tax roll for delinquent property-related administrative citations (Vote: 5-0).
On April 25, 2023, adopted City Council Resolution No. 2023-61, setting June 13, 2023 as the date of the public hearing to levy assessments on the 2023/24 property tax roll for collection of delinquent property- related administrative citations (Vote: 4-0, O’Donnell absent).
A comprehensive list of prior actions is included as Exhibit 2.
STATEMENT ON THE SUBJECT: The Code Enforcement, Finance, and City Attorney’s offices have, at various times, notified by mail each property owner who is delinquent in payment of their administrative citations in an attempt to collect overdue monies owed to the City of Vista. Property-related administrative citations include but are not limited to accumulation of junk on property, outside storage of an inoperable vehicle, and an unpermitted home-based business.
If authorized by City Council, letters with detailed information about each account and information about the Public Hearing notice will be sent by certified U.S. mail to each affected property owner as shown on the proposed assessment roll (Exhibit 3). The letter will be a final notice of the amount due and provide notice of the Public Hearing to be held on June 11, 2024 to place the delinquent administrative citation on the Fiscal Year 2024/25 property tax roll.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2024-45.
Vote: 5-0.
MEETING DATE: April 23, 2024 PAGE 2
SUBJECT: COLLECTION OF DELINQUENT FISCAL YEAR 2023/24 PROPERTY-RELATED
ADMINISTRATIVE CITATIONS
FISCAL IMPACT: As of the writing of this report, there are 71 delinquent property-related administrative citations, totaling $49,693, that are scheduled for levy on the 2024/25 property tax roll. The City will retain the full amount in collections as General Fund revenue. Any account paid in full on or before 5:30 p.m. on June 11, 2024 will not be levied on the property tax roll.
EXHIBITS:
1.City Council Resolution No. 2024- , declaring its intent to set a Public Hearing for collection of delinquent property-related administrative citation charges
2.Comprehensive List of Prior Actions
3. Delinquent Property-related Administrative Citation list as of April 23, 2024
4.Vista Municipal Code Chapter 1.13, “Administrative Citations” 04/23/2024 C3 2 of 18
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY
OF VISTA, CALIFORNIA, DECLARING ITS INTENT TO SET A PUBLIC
HEARING FOR COLLECTION OF DELINQUENT PROPERTY-
RELATED ADMINISTRATIVE CITATION CHARGES
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. Chapter 1.13 of the Municipal Code and Ordinance 2001-23 provide for the enforcement of the municipal code by administrative citations.
B. Pursuant to Chapter 1.13 of the Municipal Code, the City may initiate proceedings to collect delinquent property-related administrative citation fees by special assessment following a public hearing.
C. The City desires to hold a public hearing to consider the imposition of a special assessment for delinquent property-related administrative citation fees.
2. Action.
A. The City Council hereby declares its intent to conduct a public hearing on June 11, 2024 at the City Council Chambers, 200 Civic Center Drive, Vista, California to consider the imposition of a special assessment on the property owners for delinquent property- related fees and to place such special assessment on the 2024/25 property tax roll.
B. The Finance Manager is hereby directed to cause notice of the public hearing to be mailed to the real property owner to which administrative citations were issued, not less than 10 days prior to the date of the public hearing.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council held on April 23, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED
Walter C. Chung
20240410095444
04/23/2024 C3 3 of 18
EXHIBIT 1
COLLECTION OF DELINQUENT PROPERTY-RELATED ADMINISTRATIVE CITATIONS
PRIOR ACTIONS
On June 13, 2023, opened, conducted, and closed a public hearing and received public testimony regarding delinquent property related administration charges. Adopted City Council Resolution No. 2023-106, approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the Fiscal Year 2023/24 property tax roll for delinquent property related administrative citations.
On April 25, 2023, adopted City Council Resolution No. 2023-61, declaring its intent to set a public hearing for collection of delinquent property-related administrative citation charges. Set June 13, 2023 as the date of the public hearing to levy assessments on the 2023/24 property tax roll for collection of delinquent property-related administrative citations.
On June 14, 2022 opened, conducted, and closed a public hearing and received public testimony regarding delinquent property related administration charges. Adopted City Council Resolution No. 2022-93, approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the Fiscal Year 2022/23 property tax roll for delinquent property related administrative citations.
On April 26, 2022, adopted City Council Resolution No. 2022-50, declaring its intent to set a public hearing for collection of delinquent property-related administrative citation charges. Set June 14, 2022 as the date of the public hearing to levy assessments on the 2022/23 property tax roll for collection of delinquent property-related administrative citations.
On June 8, 2021, adopted City Council Resolution No. 2021-95, approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2021/22 property tax roll for delinquent property-related administrative citations (Vote: 5-0).
On April 27, 2021, adopted City Council Resolution No. 2021-54, setting June 8, 2021 as the date of the public hearing to levy assessments on the 2021/22 property tax roll for collection of delinquent property-related administrative citations (Vote: 5-0).
On June 9, 2020 adopted City Council Resolution No. 2020-96, approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2020/21 property tax roll for delinquent property-related administrative citations (Vote: 5-0).
On March 24, 2020, adopted City Council Resolution No. 2020-44, setting June 9, 2020, as the date for the public hearing to levy assessments on the 2020/21property tax roll for collection of delinquent property-related administrative citations (Vote: 5-0).
On June 11, 2019, adopted City Council Resolution No. 2019-84, approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2019/20 property tax roll for delinquent property-related administrative citations (Vote: 5-0).
On March 26, 2019, adopted City Council Resolution No. 2019-38, setting May 28, 2019 and later revised to June 11, 2019, as the date for the public hearing to levy assessments on the 2019/20 property tax roll for collection of delinquent property-related administrative citations (Vote: 5-0).
04/23/2024 C3 4 of 18
EXHIBIT 2
On June 12, 2018, adopted City Council Resolution No. 2018-105, approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2018/19 property tax roll for delinquent property-related administrative citations (Vote: 4-0, Rigby Absent).
On April 24, 2018, adopted City Council Resolution No. 2018-53, setting June 12, 2018 as the date of the public hearing to levy assessments on the 2018/19 property tax roll for collection of delinquent property-related administrative citations (Vote: 3-0, Ritter and Green absent).
On June 13, 2017, adopted City Council Resolution No. 2017-89, approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2017/18 property tax roll for delinquent property-related administrative citations (Vote: 5-0).
On April 25, 2017, adopted City Council Resolution No. 2017-54, setting June 13, 2017, as the date of the public hearing to levy assessments on the 2017/18 property tax roll for collection of delinquent property-related administrative citations (Vote: 5-0).
On June 14, 2016, adopted City Council Resolution No. 2016-96, approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2016/17 property tax roll for delinquent property-related administrative citations (Vote: 5-0).
On May 10, 2016, adopted City Council Resolution No. 2016-62, setting June 14, 2016, as the date of the public hearing to levy assessments on the 2016/17 property tax roll for collection of delinquent property-related administrative citations (Vote: 5-0).
On June 9, 2015, adopted City Council Resolution No. 2015-102, approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2015/16 property tax roll for delinquent property-related administrative citations (Vote: 5-0).
On May 12, 2015, adopted City Council Resolution No. 2015-76, setting June 9, 2015, as the date of the public hearing to levy assessments on the 2015/16 property tax roll for collection of delinquent property-related administrative citations (Vote: 5-0).
On June 10, 2014, adopted City Council Resolution No. 2014-103, approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2014/15 property tax roll for delinquent property-related administrative citations (Vote: 5-0).
On May 13, 2014, adopted City Council Resolution No. 2014-57, setting June 10, 2014, as the date of the public hearing to levy assessments on the 2014/15 property tax roll for collection of delinquent property-related administrative citations (Vote: 5-0).
On June 11, 2013, adopted City Council Resolution No. 2013-99, approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2013/14 property tax roll for delinquent property-related administrative citations (Vote: 5-0).
On April 23, 2013, adopted City Council Resolution No. 2013-42, setting June 11, 2013, as the date of the public hearing to levy assessments on the 2013/14 property tax roll for collection of delinquent property-related administrative citations (Vote: 5-0). 04/23/2024 C3 5 of 18
On June 12, 2012, adopted City Council Resolution No. 2012-114, approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2012/13 property tax roll for delinquent property-related administrative citations (Vote: 5-0).
On April 24, 2012, adopted City Council Resolution No. 2012-55, setting June 12, 2012, as the date of the public hearing to levy assessments on the 2012/13 property tax roll for collection of delinquent property-related administrative citations (Vote: 5-0).
On June 14, 2011, adopted City Council Resolution No. 2011-125 approving liens on assessor’s parcels within the City of Vista to be collected with the general property taxes on the fiscal year 2011/12 property tax roll for delinquent property-related administrative citations (Vote: 5-0).
On April 26, 2011, adopted City Council Resolution No. 2011-59, setting June 14, 2011, as the date of the public hearing to levy assessments on the 2011/12 property tax roll for collection of delinquent property-related administrative citations (Vote: 4-0, Ritter absent).
On June 9, 2009, introduced and adopted City Council Ordinance No. 2009-14, amending Chapter 1.13 of the Municipal Code which established a procedure for the collection of delinquent property-related administrative citations (Vote: 4-0, Lopez absent).
On November 27, 2001, adopted City Council Ordinance No. 2001-23, providing for the enforcement of the municipal code by administrative citations (Vote: 4-0, McClellan absent). 04/23/2024 C3 6 of 18
EXHIBIT 3 - DELINQUENT CITATION LISTING
PROPERTY OWNER
CUST
NUMBER ADDRESS PARCEL
AMOUNT
TO TAX ROLL
NATURE OF
VIOLATION
1 AGUILERA BOOKKEEPING 10617 610 S MELROSE DR (TAX OFFICE) 1662802200 463.38$ 2 2 ALFREDO MARTINEZ 10641 1039 SWALLOW DR 1611440500 463.38 7 3 ANTONIO I MARTINEZ 7232 1752 W KNAPP DR 1592702400 188.38 7 4 BARBARA L BADGETT 10596 1121 OAK DRIVE 1731820600 325.88 4 5 BARTER FAMILY TRUST 11-02-12 10704 1653 ELEVADO RD 1752920400 188.38 1 6 BERGMAN FAMILY TRUST 10639 1015 ORLEAVO DR 1762804400 463.38 1 7 BOPPANA KIRAN & VEERAMACHENENI DEEPTHI 10830 596 STEWART DR-TREES ON COLLYN ST 1665803800 179.00 7 8 BROGDON LINDA TRUST 09-08-13 10620 2080 WHITE BIRCH DR 2195024400 2,113.38 2 9 CASA ANTIGUA APTS 10720 1225-45 PALOMAR PL 113 1730651800 463.38 8 10 CASOLA FAMILY TRUST 10700 1515 RICHLAND RD 1668234800 179.00 1 11 CHAVEZ LEWIS R II & YOLANDA M 9189 1809 MANZANITA CT 1833310600 188.38 2 12 CLINT DAWSON 10698 1575-46 CASTILLO WAY 1832203013 463.38 1 13 COBIAN JOSE L & MARIA E 4864 645 TOWNSITE DR 1753601400 188.38 5 14 CRAMER DENNIS 10679 131 HILL DRIVE 1661301100 463.38 1 15 CURTIS AVERETT & GINA HUMPHREY 10634 1245 PEACH GROVE LANE 1772502700 188.38 2 16 DENYA LLC 8024 1550 N SANTA FE AVE 1610512100 463.38 1, 2 17 DOUGLAS BUTTERWORTH 10604 260 DURIAN STREET 1660806909 510.10 4 18 DPKY LLC 10686 1591 E VISTA WAY #D 1730652400 179.00 8 19 EL CERDO LTD LIABILITY CO 10606 3270 CORPORATE VIEW #D 2216613300 188.38 4 20 FAMILY DOLLAR 10588 1281 N SANTA FE ACE #K 1730803400 463.38 4 21 FJ RAYAS 10277 641 ONLEY DR 1611440500 463.38 1 22 FRAY MEDINA 8979 1148 WAXWING DR 1611560100 1,563.38 1, 2, 3 23 GARFIELD BEACH CVS LLC 8442 883 S SANTA FE AV 1791245100 591.50 7, 5 24 H. BELKIN 10632 174 THE CIRCLE 1751320400 188.38 1 25 HAZEWINKEL WANDA J M 10259 1253 COLUMBUS WY 2173724300 2,113.38 7 26 HUDSON HAWK 10457 205 VALLEY VIEW PLACE 1612603000 510.10 4 27 HUIZAR-LOZANO ANTONIO 10840 417 N MELROSE DR 1634701300 2,104.00 2 28 IRASERVICES-D G LLC 10260 243 ROBELINI DR 1841121200 2,113.38 5 29 ISHANI H VIDANAGE 9697 241 CHERRY LAUREL CT 1660808540 179.00 1 30 JACOB HARVEY 9589 1533 WILDGROVE WAY 1695903220 188.38 1 31 JIM SAUNDERS 10593 204 AVALON DR 1761201200 6,284.00 4 32 KEVIN BAKER 10627 338 HUFF ST 1666900200 188.38 1 33 LILLIAN SIMMS REVO TRUST 10680 430 EAST DRIVE 1612312100 463.38 1 34 MARCELINO PEREZ 10701 408 FERRARA WY 1632811600 309.38 1 35 MARCELINO PEREZ 10701 408 FERRARA WY 1632811600 179.00 1 36 MARIA GM DECAMPOS 10619 455 GRAPEVINE RD 1660803200 1,150.88 2 37 MASEO LIMITED PARTNERSHIP 10684 1010 E BOBIER DR 173050330 188.38 1 38 MATHEW C MENDENHALL 10612 2366 PRINCE WAY 1714101800 510.10 4 39 MIGUEL SANTIAGO 10638 1105 S ANZA AVE 1733704100 1,013.38 7 40 MONARCH BUENA VISTA 2558 740 PASEO BUENA VISTA 1763006100 489.27 4 41 NGUYEN TRANG MINH 10836 677 CORTEZ 1731341400 179.00 7 42 NUEVA VISTA 2018 LLC 9092 1248 S SANTA FE AVE 1801643100 4,450.88 5, 7 43 OSCAR E & D MARISOL RODRIGUEZ 10703 380 HACIENDA DR 1642412500 325.88 1 44 R E PROPERTY LLC 10787 714 S SANTA FE AV 1790405200 179.00 9 45 RAFAEL URIOSTEGUI 10807 722 MCGAVRAN DR 1661831800 179.00 1 46 REED ROBERT M & REBECCA L 10626 1722 COUNTRYSIDE PL 2175311800 463.38 1 47 ROSA BURGER LIVING TRUST 815 311 ENCINO DR 1592801300 214.27 7 48 SAHF SHADOWRIDGE LLC 10792 2354 WATSON WY 2170235700 179.00 7 49 SAMOAN ASSEMBLY OF GOD 3425 1130 E TAYLOR ST 1712504900 195.50 5 50 SONNY INVESTMENT LLC 10781 710-716 CIVIC CENTER DRIVE 1790605500 1,004.00 7 51 THIBODO COURT LLC 10832 2128 THIBODO CT 1832606100 850.00 9 52 THIBODO COURT LLC 10832 2128 THIBODO CT 1832606100 162.50 9 53 TOWNSITE PLAZA LLC 10642 836 N SANTA FE AVE 1634304600 188.38 7 54 VADIM SHEKHTMAN 10801 2237 BAXTER CANYON RD 2195230300 454.00 1 55 VO KEITH KIET-TUAN 10805 1558 KIVA LANE 1732020700 316.50 7 56 WDP PLUMBING 10640 2515 PIONEER AVE #2 1630810500 2,077.60 8 57 WILLIAMS FAMILY TRUST 10833 243 LADO DE LOMA DR 1642143700 437.50 1, 2 58 WILLOW CREEK MAINTENANCE CORP 10835 1550 CYPRESS CREEK CT 1735704300 454.00 7 59 WILSON FAMILY TRUST 10629 600 MARAZON 1665215400 325.88 1 60 YINGST RICHARD & JUDY LIVING TRUST 03-31-10 7963 REDLANDS ST 1751111000 4,175.88 1, 3 04/23/2024 C3 7 of 18
EXHIBIT 3
PROPERTY OWNER
CUST
NUMBER ADDRESS PARCEL
AMOUNT
TO TAX ROLL
NATURE OF
VIOLATION
61 ROKY T & MARY KIRISKOVIC 10602 2192 FOOTHILL DRIVE 1780211900 479.88 4 62 PRICE, ROBERT 10681 871 QUAILS TRAIL 1831906700 204.88 1 63 ANGUIANO, LUIS & CHRISTINE 10683 477 RANCHO VISTA RD 1790916000 204.88 1 64 MELLIN, MISAEL P.10702 408 FERRARA WAY 1632811600 479.88 1 65 BRANNING RESTORATION 10718 329 PETERS DR 1641621700 204.88 8 66 ANGEL J & CANDIDA HERNANDEZ 10755 501 TOWNSITE DR 1750612100 479.88 1 67 ORLANDO'S HILLSIDE GARDENERS 10759 2031 FOOTHILL DR 1772611100 479.88 8 68 ORIGLIERI LIVING TRUST 10762 1724 WATSON WAY 1831312800 67.38 1 69 BRUMIDIS JILLIAN 10765 319 COLUSA WAY 1631740100 479.88 2 70 HERNANDEZ, HECTOR 10767 460 E. INDIAN ROCK 1731241500 479.88 1 71 7-11 3146 298 SYCAMORE AVE.1841124900 204.88 4 NATURE OFVIOLATION 49,693.17$
(1) Accumulated Junk
(2) Illegally parked vehicle
(3) Inoperative Vehicles
(4) False Alarm
(5) Graffiti
(6) Stormwater
(7) Property Maintenance
(8) Business License
(9) Missing permit
04/23/2024 C3 8 of 18
Vista Municipal Code
Chapter 1.13
Administrative Citations
Sections:
1.13.010 Title and Purpose
1.13.020 Definitions
1.13.030 Use of Administrative Citations - Separate Violations
1.13.040 Contents of Administrative Citation
1.13.050 Service of Administrative Citation
1.13.060 Amount of Fine
1.13.070 Payment of the Administrative Citation Fine
1.13.080 Request for Initial Administrative Review
1.13.090 Request for Administrative Hearing
1.13.100 Advance Deposit Hardship Waiver
1.13.110 Hearing Procedures
1.13.120 Hearing Officer's Decision
1.13.130 Court Review Procedures
1.13.140 Penalties Assessed
1.13.150 Allocation of Administrative Penalties
1.13.153 Lien and Assessment Procedures
1.13.155 Alternative Collection Process
1.13.157 Interest; Satisfaction of Lien
1.13.160 Civil or Criminal Actions not Affected
Section 1.13.010 Title and Purpose
A. This chapter shall be cited as the Administrative Citation Ordinance.
B. The City Council finds that there is a need for an alternative method of enforcement of violations of this code, including property-related nuisance violations subject to Section 8.36.040.B.15.
C. The large majority of violations eligible for citation under this chapter are property-related nuisances subject to Section 8.36.040.B.15.
D. The City incurs substantial costs in investigating, identifying, addressing, responding to, and correcting property-related nuisances.
E. The imposition of the fines and penalties set forth in this chapter will defray part, but not all, of the expense of abatement incurred by the City.
F. The procedures established in this chapter shall be in addition to criminal, civil, or any other legal remedy established by law which may be pursued to address a violation of the code.
Ord. No. 2001-23, Added 11/27/01; Ord. No. 2009-14, Amended 6/ 9/09) Section 1.13.020 Definitions
For purposes of this chapter, the following definitions shall apply:
City" shall mean the City of Vista.
Code" shall mean the Vista Municipal Code or the Vista Development Code, or any law, rule, regulation or code which is adopted by reference.
Code Compliance Officer" shall mean the person designated by the City Manager to administer the program established by this chapter.
1.13 (1) Vista 9/11/15)
04/23/2024 C3 9 of 18
EXHIBIT 4
Vista Municipal Code
Enforcement Officer" shall mean any person authorized by the City Manager to enforce a violation of this code.
Hearing Officer" shall mean any person appointed by the City Manager to preside over the administrative hearings provided for in Section 1.13.110 of this code.
Lien" shall mean a lien or assessment imposed for the purpose of recovering abatement costs, including fines, associated with real property cited under this chapter for a violation constituting a property-related nuisance. Liens are collected at the same time and in the same manner as property or municipal taxes.
Person" or "Party" shall mean any natural person, firm, association, business, trust, organization, corporation, partnership, company, or any other entity which is recognized by laws as the subject of rights or duties.
Penalty" shall include "civil penalty" and shall mean the amount assessed, as a form of nuisance abatement costs or fines, for a violation of this code or a permit condition.
Permit Condition" shall mean any condition imposed by the City of Vista or any of its constituent bodies or employees in connection with any entitlement, permit, license, or environmental review document issued or approved under the code, federal law, state law, or any regulations promulgated there under.
Respondent" shall mean any person or entity who is the registered owner, property owner, legal owner, driver, operator, tenant, lessee, or is otherwise liable for penalties in accordance with the applicable section of this code, and who contests or disputes liability for civil penalties.
Responsible Party" shall mean the person or party who is in immediate control of the premises or the property owner or both where the violation is located.
Ord. No. 2001-23, Added 11/27/01; Ord. No. 2009-14, Amended 6/9/09) Section 1.13.030 Use of Administrative Citations - Separate Violations A. A person violating any provision of this code, a permit condition, or maintaining a nuisance as provided in Section 8.36.040.B.15 may be issued an administrative citation. The citation shall constitute a fine or cost for purposes of nuisance abatement which shall be payable directly to the City.
B. A separate violation occurs and a separate penalty may be assessed through a newly issued citation on each day that a person or party continues to violate any provision of the code or any permit condition. Contesting, disputing, or appealing an administrative citation does not protect a responsible party against further citations for the same violation or compliance with all provisions of the code and all permit conditions.
C. Civil penalties assessed by means of an administrative citation shall be due 30 days from the date of the citation and will be collected in accordance with the procedures specified in this chapter.
D. Before a responsible party is cited for violating a building, plumbing, electrical, or other structural or zoning provision of the code or for violating a permit condition, the responsible party shall first receive a notice of violation or warning which provided the responsible party a reasonable period of time in which to correct or otherwise remedy the violation. Notwithstanding the foregoing, an administrative citation may be issued without a prior notice or with a reduced period for correcting a violation if the violation creates an immediate danger to health or safety. Further, no period for corrections shall be required by this code in any circumstance where a waiting period is unnecessary under Section 53069.4 of the Government Code.
Ord. No. 2001-23, Added 11/27/01; Ord. No. 2009-14, Amended 6/9/09)
1.13 (2) Vista 9/11/15)
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Vista Municipal Code
Section 1.13.040 Contents of Administrative Citation
The administrative citation shall include all of the following:
A. The date of the violation.
B. The address or a definite description of the location where the violation occurred.
C. Identification of code sections and permit condition which have been violated.
D. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid.
E. An order prohibiting the continuation or repeated occurrence of the violation described in the administrative citation.
F. 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.
G. The name and signature of the citing enforcement officer.
Ord. No. 2001-23, Added 11/27/01)
Section 1.13.050 Service of Administrative Citation
Service of an administrative citation may be accomplished as follows:
A. Personal Service. The enforcement officer may obtain the signature of the responsible party to establish personal service of the citation. If the responsible party refuses or otherwise fails to sign the administrative citation, the lack of signature in no way affects the validity of the citation or the subsequent proceedings.
B. Service by Mail. The enforcement officer may mail the administrative citation along with a declaration of service signed under penalty of perjury to the responsible party by certified mail, postage prepaid with a requested return receipt. Simultaneously, a copy of the administrative citation and declaration of service shall be sent by first class mail, postage prepaid. If the administrative citation sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned. The failure of any responsible party to receive a properly addressed administrative citation shall not affect the validity of the notice. Service of the administrative citation in the manner described above shall be effective on the date of mailing.
C. Posting of Property. The enforcement officer may post the administrative citation by affixing it to a surface in a conspicuous place on the property. Conspicuous posting of the citation is not required when personal service is accomplished or when conspicuous posting poses a danger. Failure of a posted notice to remain in place after posting shall in no way affect the validity of the citation or the subsequent proceedings.
Ord. No. 2001-23, Added 11/27/01)
Section 1.13.060 Amount of Fine
The amounts of the fines for violations are as follows:
A. A fine not exceeding $125 for the initial violation of each code section or permit condition violated.
B. A fine not exceeding $250 for a second violation of the same code section or permit condition within a one year period.
C. A fine not exceeding $500 for a third additional violation of the same code section or permit condition within a one year period.
1.13 (3) Vista 9/11/15)
04/23/2024 C3 11 of 18
Vista Municipal Code
D. A fine not exceeding $1,000 for each additional violation of the same code section or permit condition within a one year period.
Ord. No. 2001-23, Added 11/27/01; Ord. No. 2015-13, Amended 8/11/15) Section 1.13.070 Payment of the Administrative Citation Fine A. The fine shall be paid to the City within 30 calendar days from the date the administrative citation is served unless the responsible party files a request for an initial administrative review. In such cases, the fine shall be due and payable to the City by the date specified in the reviewing officer's notice of decision.
B. Any administrative citation paid pursuant to Subsection A, shall be refunded in accordance with Section 1.13.120(C) if it is determined, after a hearing pursuant to this chapter, that the person charged in the administrative citation was not responsible for the violation or that there was no violation of a code section or permit condition as charged in the administrative citation.
C. Payment of a penalty shall not excuse or discharge any continuation or repeated occurrence of the code violation or permit condition that is the subject to the administrative citation.
Ord. No. 2001-23, Added 11/27/01)
Section 1.13.080 Request for Initial Administrative Review A. Any person receiving an administrative citation may obtain an initial administrative review by filing a written request within 30 calendar days from the date the administrative citation is served. The request may be delivered in person or by first class mail, postage prepaid. If the request is delivered by mail, it shall be deemed received as of the date of the posting. The request may be delivered in person or by first class mail, postage prepaid. The request shall be filed with the Code Compliance Division of the City Manager's Office. The person requesting the administrative review shall set forth, with particularity, the reasons he or she believes a violation did not occur or that the person cited is not the responsible party along with a copy of the citation. Failure to timely file a written request for an initial administrative review shall constitute a bar to any further administrative review rights.
B. Code Compliance Officer shall forward all requests for an initial administrative review to the Administrative Review Officer, as designated by the City Manager Administrative Review Officer"). The Administrative Review Officer shall review the request and all relevant information and provide the requestor with written notification that:
1. The administrative citation is vacated because there is insufficient evidence to support the conclusion that a provision of the code or permit condition was violated or that the person issued the administrative citation was the responsible party; or
2. The administrative citation will not be vacated because there is sufficient evidence to conclude that a provision of the code or a permit condition was violated and that the person issued the administrative citation was the responsible party.
C. The Administrative Review Officer shall mail by first class mail, postage prepaid a copy of the notice of decision to the party requesting the initial administrative review at the address included in the request along with, if applicable, notice establishing the date the civil penalty is due and the procedures for requesting an administrative hearing.
The notice of the decision shall also include a description of the administrative hearing process, including the time within which to file a request for an administrative hearing and the place from which a request for an administrative hearing form may be obtained.
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D. Initial administrative reviews should be completed within ten business days from the date of the receipt of the written request for administrative review. The failure of the Administrative Review Officer to complete a review within ten business days shall not affect the validity of his decision.
Ord. No. 2001-23, Added 11/27/01)
Section 1.13.090 Request for Administrative Hearing
A. Any person receiving an administrative citation who is dissatisfied with the conclusion of an initial administrative review by the Administrative Review Officer may file a request for an administrative hearing with the Code Compliance Officer within 30 calendar days from date of the notice of the decision of the initial administrative review. The request may be delivered in person or by first class mail, postage prepaid. If the request is delivered by mail, it shall be deemed received as of the date of the posting. The request for hearing must be accompanied by the penalty amount along with an administrative fee as established by resolution by the City Council. If the deadline falls on a day that City Hall is closed, then the deadline shall be extended until the next regular business day.
B. A form for requesting a hearing may be obtained from the Code Compliance Officer of the City.
C. As soon as practicable after receiving the request for hearing, the Code Compliance Officer shall fix a date, time and place for hearing before a hearing officer. The hearing shall be conducted not less than 15 calendar days and not more than 60 calendar days from the date the request for hearing is filed with the City. Written notice of the time and place of the hearing may be served by first class mail, postage prepaid, at the return address indicated on the request for hearing. Service of the notice of hearing must be made at least ten calendar days prior to the date of the hearing to the party requesting the hearing.
D. The failure to hold a hearing within the period specified in this section or the failure of any person with an interest in the property, or other responsible party, to receive such properly addressed notice of the hearing shall not affect the validity of any proceedings under this chapter. Service by first class mail, postage prepaid shall be effective on the date of the mailing.
E. Failure of any person to file a timely and complete application for administrative hearing in accordance with the provision of this section shall constitute a waiver of that person's rights to administrative determination of the merits of the citation. The resulting citation shall be deemed a final administrative order.
Ord. No. 2001-23, Added 11/27/01)
Section 1.13.100 Advance Deposit Hardship Waiver
A. Any person who intends to request a hearing to contest that there was a violation of the code or a permit condition or that he or she is the responsible party and who is financially unable to make the advance deposit of the penalty as required by Section 1.13.090(A) may file a request for an advance deposit hardship waiver.
B. The request shall be filed with the Code Compliance Officer on an advanced hardship waiver application form, available from the Code Compliance Officer, within 15 calendar days of the date of the administrative citation.
C. The requirement of depositing the full amount of the penalty as described in Section 1.13.090(A) shall be stayed unless or until the Administrative Review Officer makes a determination not to issue the advance deposit hardship waiver.
D. The Administrative Review Officer may waive the requirement of an advance deposit set forth in Section 1.13.090(A) and issue the advance deposit hardship waiver only if
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the party submits to the Assistant to the City Manager a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the Assistant to the City Manager the person's actual financial inability to deposit with the City the full amount of the penalty in advance of the hearing.
E. If the Administrative Review Officer determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the City within ten calendar days of the date of that decision or 30 calendar days from the date of the administrative citation, whichever is later.
F. The Administrative Review Officer shall issue a written determination listing the reasons for his or her determination to issue or not issue the advance deposit hardship waiver.
The written determination of the Assistant to the City Manager shall be final.
G. The written determination of the Administrative Review Officer shall be served, by first class mail, upon the person who applied for the advance deposit hardship waiver.
Ord. No. 2001-23, Added 11/27/01)
Section 1.13.110 Hearing Procedures
A. Hearing Officer or Hearing Officers shall be designated by the City Manager for all administrative hearings under this chapter. The employment, performance evaluation, compensation, and benefits of the Hearing Officer, if any, shall not be directly or indirectly conditioned upon the amount of administration citations penalties upheld by the Hearing Officer.
The Hearing Officer shall conduct an orderly fair hearing and accept all relevant evidence on whether the violation(s) occurred and whether the responsible party has caused or maintained the violation(s) on the date specified in the administrative citation. The formal rules of evidence shall not apply.
B. The responsible party and/or the responsible party's designee shall be entitled to an opportunity to testify and present evidence concerning the violation(s) alleged in the administrative citation.
C. The failure of a responsible party and/or the responsible party's designee to appear at the hearing shall constitute a forfeiture of the fine and a failure to exhaust administrative remedies.
D. The administrative citation and any additional documents submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.
E. If the Enforcement Officer submits additional written documents concerning the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of these documents shall also be served by mail on the person requesting the hearing at least five calendar days prior to the date of the hearing. Upon request, the responsible party shall receive an extension of the hearing date if the additional documents are not provided as required by this subsection and the Hearing Officer determines that the failure to comply with the provisions of this subsection was prejudicial.
F. At least ten calendar days prior to the hearing, the responsible party shall be provided with copies of the administrative citation(s), reports and other documents submitted or relied upon by the Enforcement Officer. No other discovery is permitted.
G. The City Manager shall establish all appropriate administrative regulations for implementing this ordinance, conducting hearings and rendering decisions pursuant to this section.
Ord. No. 2001-23, Added 11/27/01)
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Section 1.13.120 Hearing Officer's Decision
A. Except as provided in Subsection D, the Hearing Officer, after considering all of the testimony and evidence submitted at the hearing, shall issue a written decision within ten calendar days of the hearing to uphold or deny the administrative citation and shall state the reasons for that decision. The decision of the Hearing Officer shall be final.
B. If the Hearing Officer determines by a preponderance of the evidence that the alleged violation(s) existed on the date stated in the administrative citation and the recipient of the administrative citation was the responsible party then the fine amount on deposit with the City shall be retained by the City.
C. If the Hearing Officer determines by a preponderance of the evidence submitted at the hearing that the alleged violation(s) did not exist or that the recipient of the administrative citation was not the responsible party and the administrative penalty was deposited with the City, then the City shall promptly refund the amount of the deposited penalty and administrative fees.
D. If the Hearing Officer determines that a violation exists as provided in Subsection B, the Hearing Officer may use this alternative procedure if the Hearing Officer determines that the procedure will serve the public health, safety or welfare. The alternative procedure is intended to create an incentive for the responsible party to fully correct the violations within a corrections period, which shall be set by the Hearing Officer and which shall not exceed 45 days Corrections Period"). During the corrections period, the responsible party shall be given a final chance to fully correct all conclusions of the corrections period, the Enforcement Officer shall advise the Hearing Officer whether the cited violations have been fully corrected. If the Hearing Officer is advised in writing that the violations have been fully corrected, the Hearing Officer shall issue a written decision that: (1) the alleged violation(s) existed on the date stated in the administrative citation; (2) the recipient of the administrative citation was the Responsible Party; 3) the Hearing Officer has received written notice from the Enforcement Officer that the cited violations have been fully corrected to the satisfaction of the Enforcement Officer; and (4) 50% of the collected fines shall be returned to the responsible party. If the Hearing Officer is advised in writing that violations have not been fully corrected to the satisfaction of the Enforcement Officer, the Hearing Officer shall issue a written decision that: (1) the alleged violation(s) existed on the date stated in the administrative citation; (2) the recipient of the administrative citation was the responsible party; (3) the Hearing Officer has received written notice from the Enforcement Officer that the cited violations have not been fully corrected to the satisfaction of the Enforcement Officer; and (4) the fine amount on deposit with the City shall be retained by the City. The written decision under this alternative procedure shall be issued within ten calendar days after the end of the corrections period.
E. The recipient of the administrative citation shall be served with a copy of the Hearing Officer's written decision by first class mail, postage prepaid. The service shall be deemed effective on the date the decision is deposited in the mail, provided the decision is not returned.
Ord. No. 2001- 23, Added 11/27/01)
Section 1.13.130 Court Review Procedures
A. After receipt of the Hearing Officer's decision, the Responsible Party may file an appeal with the Superior Court of the North County Judicial District for de novo review. The request for review shall be submitted within 20 calendar days of the date of mailing of the Hearing Officer's decision. The request for review shall be submitted in a format or on a form acceptable to or provided by the Court. The request for Court review shall state the reason(s) the party objects to the Hearing Officer's findings or decision. The request for review, the notice
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of appeal and other documents filed with Court shall be served on the City as required by law, including as required by Government Code Section 53069.4.
B. A final administrative order may be appealed to the court as provided in Section
1.13.120(A) within 20 calendar days of the date that the citation is deemed a final administrative order.
C. The Court shall conduct a de novo hearing, except that the contents of processing agency's file shall be received into evidence.
D. A copy of the administrative citation and imposition of penalty shall be entered as prima facie evidence of the facts stated therein.
E. The Court filing fee shall be $25, or such other amount as the Legislature may determine in future by statutory amendment or the City Council may determine in the future by resolution, in accordance with Section 53069.4 of the Government Code. If the Court finds in favor of the responsible party, the amount of the fee shall be reimbursed to the respondent by the City. Any deposit of penalty shall be refunded by the City in accordance with the judgment of the Court.
F.If the penalty has not been deposited, and the decision of the court is against the responsible party, the City may proceed to collect the civil penalty in the manner provided by law.
Ord. No. 2001- 23, Added 11/27/01)
Section 1.13.140 Penalties Assessed
A. If the responsible party or property owner fails to correct the violation, subsequent administrative citations may be issued for the same violation(s).
B. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the City.
C. All penalties assessed shall be payable to the City.
D. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation pursuant to Section 1.13.070(A) or in compliance with a notice of decision after initial, administrative or court review shall result in an assessment of an additional late fee. A late penalty of ten percent shall be added to any delinquent fines on the last day of each month after the due date. The penalty shall not exceed 50% of the administrative citation penalty.
E. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the City. To enforce that debt, the City may file a civil action or pursue any other legal remedy to collect such money.
Ord. No. 2001-23, Added 11/27/01)
Section 1.13.150 Allocation of Administrative Penalties Penalties collected in the manner described in this section shall be deposited in the general fund of the City.
Ord. No. 2001-23, Added 11/27/01)
Section 1.13.153 Lien and Assessment Procedures
The City Council may cause any unpaid penalties (including late fees and interest) to become a lien or assessment against a property in accordance with the procedures and requirements set forth in this section and any applicable provision of state law. This section only applies to properties on which a nuisance was maintained as identified in Section
8.36.040.B.15 and for which a citation was issued pursuant to this Chapter 1.13. Prior to
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imposing a lien or assessment against the property, the following procedures shall be followed:
A. A period of at least 45 days must pass during which the citation amount remains unpaid, in whole or part, measured from the date on which the property owner is notified in writing that the fine has become final.
B. A hearing before the City Council shall be scheduled to determine whether the unpaid penalty shall be made a lien on the real property on which the violation occurred.
C. Notice of the time and place of the hearing shall be provided to the property owner by certified mail. The notice shall also provide, in plain language, a description of the basis for the amounts comprising the lien.
D. The notice shall advise the owner that the owner may, at the hearing, present evidence or make arguments disputing the amount of the proposed lien and whether the property should be subject to the lien. Failure to make an objection or to raise an issue at the proceeding constitutes a waiver.
E. The hearing shall not be an opportunity to present evidence on the question of whether a violation existed on the property pursuant to Section 8.36.040.B.15 because that opportunity is provided at an earlier time through an independent process contained in Sections
1.13.080 through 1.13.130.
F. The hearing shall be conducted at the time and place identified in the notice. At the hearing, the City Council will consider all objections raised by the property owner regarding the amount of the proposed lien and whether it should be imposed against the property. Upon closure of the hearing, the City Council may approve or modify the amount of the proposed lien or determine not to lien the property at all.
G. Upon approval of the amount of the proposed lien, the lien shall be collected at the same time and in the same manner as property taxes are collected. However, the lien shall not attach to any real property where, prior to the date on which the first installment of taxes would become delinquent, either: (1) the underlying property has been transferred to a bona fide purchaser for value; or (2) a lien has been recorded against the underlying property by a bona fide encumbrancer for value.
H. Notice of the lien shall be provided to the owner by certified mail containing such information as is needed to satisfy the Government Code.
I. Notice shall also be provided to the County.
Ord. No. 2009-14, Added 6/9/09)
Section 1.13.155 Alternative Collection Process
As an alternative to the collection process authorized pursuant to Section 1.13.153, the City Council may take any action to impose a lien or assessment against property authorized by either Government Code Section 38773.1 or Subsection (c) of Government Code Section 54988, using the procedures set forth therein.
Ord. No. 2009-14, Added 6/9/09)
Section 1.13.157 Interest; Satisfaction of Lien
A. Interest shall accrue on the principal amount of the lien imposed under this chapter, including a lien imposed under Section 1.13.153, until satisfied pursuant to law.
B. For any lien imposed under this chapter, once payment in full has been received by the City, the City Clerk shall either record a notice of satisfaction or provide the property owner or applicable financial institution with a notice of satisfaction so they may record such notice with the San Diego County Assessor-Recorder. The notice of satisfaction shall cancel the City's lien.
Ord. No. 2009-14, Added 6/ 9/09)
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Section 1.13.160 Civil or Criminal Actions Not Affected Any administrative citation pursuant to this section shall not prejudice or adversely affect any other action, civil or criminal, that may be brought to abate the public nuisance or violation or which seeks compensation for damages suffered. A civil or criminal action may be brought concurrently with any other process regarding the same public nuisance or violation.
Ord. No. 2001-23, Added 11/27/01)
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