19. Second reading Ord. 09-2048 Administrative citations, fines, penalties~,~
CUPERTINO
OFFICE OF AQM1NI:iTRATIVE SERVICES
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 950143255
TELEPHONE: {408) '~77-3220 • FAX: (408) 777-3366
Sunnmary
Agenda Item
SUBJECT AND ISSUE
Date: October 6, 2009
Conduct a public hearing and the second readin;; of Ordinance Na. 09-2048: "An Ordinance of the
City Council of the City of Cupertino adding; Chapter 1.10 to the Cupertino Municipal Code
pertaining to Administrative Citations, Fines and. Penalties.
BACKGROUND
Enforcement of provisions of the Cupertino Municipal Code presents on-going issues and
challenges. While the vast majority of citizen;~ and businesses are law-abiding, there tend to be
some violations that occur due to ignorance and a minority of situations where there are chronic
code violators. Staff is constantly on the alert for new methods to employ in an effort to attain
compliance, particularly in those instances where chronic violators are involved. The successful
preservation and physical improvement and up€;rading of Cupertino's residential, commercial and
industrial areas will directly impact citizens` rf;al and perceived quality of life. Better, healthier
neighborhoods translate into stable properly values, increased investment and a safer environment.
To address the issue of how to upgrade properties and foster code compliance, staff recommends
the implementation of two new administrative procedures: an administrative citation procedure for
violations and the imposition of administrative penalties to deal with more complicated situations.
- Administrative Citations: Many cities hive implemented an administrative citation process
to deal with continuing violations of the municipal code. It affords the City greater control
over the cases and an ability to respond to code violations more quickly than is possible
through the criminal process. An administrative citation can be issued when a code violation
is determined to exist or to have occurred, and if a citation is issued a fine is imposed, as set
forth in Government Code Section 53059.4 (see Ordinance Section 1.10.060). Established
fines aze set at $100 for the first violation, $200 for the second violation and $500 for the
third and consecutive violations within a 12 month period. The administrative citation
process precludes the County from adding an additional 228% administration fee, thus
reducing the overall fee to the citizen or business involved. If contested, an administrative
citation may go before an independent. hearing officer appointed by the city manager.
Hearing officer decisions may be taken to~ Superior Court.
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- Administrative Penalties: Many cities have implemented an administrative penalty in lieu
of or in conjunction with the administrative citation process. These amounts are determined
by the City Council and are designed to impress upon egregious violators the seriousness of
the code violation. Fees can be assessed at up to $1,000 per day, not to exceed $100,000.
Violators who choose to appeal their administrative penalty may file for a reconsideration
hearing before the City Council. Under this category, fines and penalties owed by a violator,
if not timely paid, maybe collected through a properly lien or as a personal obligation of the
violator. Council decisions can be taken to Superior Court.
We anticipate the administrative citation process will be the primary means of enforcement when an
officer has several options at their disposal.
FISCAL IMPACT
Not knowing the extent to which this process will be utilized, we estimate that the imposition and
collection of fines and penalties should result in arevenue-expense neutral code enforcement
program.
Administrative citations will range from $100 up to $500 per occurrence. The fee for processing
and collecting each citation is $19. If contested, a hearing officer will cost $85/hr and hearings are
generally processed at the rate of two per hour. Administrative penalties are set by Council and can
range up to $1,000 per day, not to exceed $100,000. The cost of the hearing to the City will average
$5,000. If the violator requests a reconsideration hearing, the cost to the City will be an additional
$5,000, although we currently charge only $250 to the appellant.
STAFF RECOMMENDATION
Conduct a public hearing, conduct the second reading and adopt Ordinance No. 09-2048: "An
Ordinance of the City Council of the City of Cupertino adding Chapter 1.10 to the Cupertino
Municipal Code pertaining to Administrative Citations, Fines and Penalties.
Submitted by:
Carol A. Atwood
Directox of Administrative Services
Approved by:
David W. Knapp
City Manager
Attachment A: Ordinance adding Chapter 1.10 to the Cupertino Municipal Code Pertaining to
Administrative Citations, Fines, and Penalties.
Attachment B: Enforcement Remedies
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Attachment A
ORDINANCE NO. '09-2048
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADDING CHAPTER 1.10 TO THE C;UPERTINO MUNICIPAL CODE
PERTAINING TO ADMINISTRATIVE CITATIONS, FINES, AND PENALTIES
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN
THAT CHAPTER 1.10 OF THE CLIPERTINO MUNICIPAL CODE
IS ADDED AS FOLLOWS:
Sec. 1.10.010. Applicability.
This chapter provides for administrative citations, fines and penalties which are in
addition to all other civil legal remedies and which are alternatives to any criminal legal
remedies that may be pursued by the City of Cupertino to address. any violation of this
municipal code and/or applicable statute, rule, code or regulation except for violations of
municipal code Chapters 11.24, 11.26 and 11.27 and Section 11.28.030(A) and (B)
pertaining to vehicles and traffic. Whenever an enforcement officer determines that a
violation of the municipal code and/or applicable statute, rule, code or regulation has
occurred or that a violation exists which is deemed to constitute a violation of the
municipal code and/or applicable statute, rule, code or regulation, the enforcement officer
may issue an administrative citation and a~~sess an administrative fine to any party
responsible for the violation or recommend the imposition of an administrative penalty.
The provisions of this chapter are alternatives to other enforcement remedies contained in
this municipal code.
Sec. 1.10.020. Definitions.
For purpose of this chapter, the following definitions shall apply:
Business day means a day on which the main operations of the City of Cupertino
are open fvr business and does not mean any d.ay on which only specialized functions. are
in operation, such as divisions of the city or its agents that operate on a 24/7 schedule.
Enforcement officer means any city employee or employee of a contrac#ing
agency or any agent of the city with the authority to enforce any provision of this
municipal code, including, but not limited to, the city manager, city attorney, director of
administrative services, director of community development, director of parks and
recreation, director of public works and an;y sheriff, animal control officer or code
enforcement officer.
Hearing officer means any person designated by the city manager to hear appeals
of administrative citations. The hearing officf;r shall not be any enforcement officer or
supervisor. The employment, performance ev,~luation, compensation. and benefits of the
hearing officer shall not be directly or indirectly conditioned upon the amount of
administrative citation penalties upheld by the hearing officer.
Responsible person means any pers~~n who is in immediate control of the
premises or activity which constitutes a violati~~n of this municipal code and/or applicable
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Ordinance No. 09-2048
statute, rule, code or regulation, the business owner, the property owner, and any person
engaging in prohibited conduct.
Sec. 1.10.030. Administrative citation.
(a) Whenever an enforcement officer charged with the enforcement of this municipal
code and/or applicable statute, rule, code or regulation determines that a violation of any
provision of this municipal code and/or applicable statute, rule, code or regulation has
occurred, the enforcement officer shall have the authority to issue an administrative
citation to any responsible person.
(b} Each administrative citation shall contain the following information:
(1) Name of responsible persons}
(2) The date(s) of the violation;
(3) The address or a definitive description of the location where the violation
occurred;
(4) The section of the municipal code and/or applicable statute, rule, code or
regulation violated and a description of the violation;
(5) A prohibition of the continuation or repeated occurrence of the municipal
code and/or applicable statute, rule, code or regulation violation described in
the administrative citation;
{6} A description of the potential consequences should the violator continue or
repeat the violation;
(7) The amount of the fine for the municipal code and/or applicable statute, rule,
code or regulation violation;
(8) 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 and the process by
which the city may collect any unpaid amounts owed;
(9) A description of the administrative citation review process, including the
time within which the administrative citation may be contested and how to obtain
a form to contest the-administrative citation; and
(10) The name and signature of the citing enforcement officer.
(c) An administrative citation may be in letter form or any other form which adequately
conveys the information set forth above.
Sec. 1.10.040. Service of administrative citation.
(a} An administrative citation may be served in any of the following ways:
(1) By personal delivery to the violator; or
(2) If the violator is being charged for violations occurring at a business operating
within the city, and the violator is the owner or an employee of the business, the
citation may be served by causing a copy of the citation to be sent by certified
mail, postage prepaid, return receipt requested to the address shown on any
permit or license issued by the city to the business; or
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Ordinance No. 09-2048
(3) By causing a copy of the citation to be sent by certified mail, postage prepaid,
return receipt requested, to an address otherwise known to the enforcement
officer.
(b) Where personal delivery or service by mail upon a property owner cannot be made
despite a diligent effort, a copy of the citation shall be conspicuously posted at the subject
property.
(c} Service of a citation which is personall;~ served shall be deemed completed at the
time of such personal service. Service of a citation which is served by mail is deemed
completed on the date the document is deposited in the mail. Service of a citation which
is served by pasting is completed at the time o P posting.
(d} The failure of any person to receive a copy of an administrative citation shall not
affect the validity of any proceedings or actions taken under this chapter. Service by
certified mail in the manner herein provided shall be affixed to the copy of the citation
and retained by the enforcement officer. A copy of any posted notice shall be kept along
with a certificate of posting containing the date, time, and identification of the individual
performing the posting.
Sec. 1.10.050. Time period within which t~~ correct or remedy violations.
The enforcement officer may immediately issue an administrative citation for a violation
of the Municipal Code and/or applicable statute, rule, code or regulation. The
enforcement officer has the option of stating a time period within which to correct or
remedy the violation as follows:
(a) Any responsible person to whom an administrative citation has been issued for
violations that create an immediate danger to health or safety shall be provided a
reasonable amount of time, in which to correct or otherwise remedy the violation, taking
into consideration the specifics of the situation.
(b) Any responsible person to whom an administrative citation has been issued for
violations pertaining to building, plumbing, electrical, or other similar structural or
zoning issues that do not create an immediate clanger to health or safety, shall be provided
a reasonable amount of time, but not less th,~n fifteen (15) calendar days in which to
correct or otherwise remedy the violation.
(c} The enforcement officer may extend the time in which to correct or otherwise remedy
a violation upon a showing that the recipient of the administrative citation requires
additional time to complete repairs or upon a showing that the recipient of the
administrative citation is awaiting issuance of ~i permit, provided such person offers proof
that he or she has commenced taking action to correct or otherwise remedy the violation
and/or that a proper application for such permit: has been made.
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Ordinance No. 09-2048
Sec. 1.10.060. Administrative citation fines
(a) Any party to whom an administrative citation is issued shall be responsible for
payment of a fine for violating the municipal code and/or applicable statute, rule, code or
regulation as specified in this section. The fine is separate from the amount of any
administrative penalty.
(b) The fine assessed in conjunction with the issuance of an administrative citation shall
be in accord with California Government Code Section 53069.4 and is set as follows:
(1) First citation -- One hundred dollars ($100.00)
(2) Second citation for the same violation within the same twelve month period -
Two hundred dollars ($200.00)
(3) Third or any subsequent citation for the same violation within the same
twelve month period- Five hundred dollars ($500.00}
If the maximum amounts allowed to be charged in the California Government Code
decrease, then that decrease shall become effective with regard to this chapter.
Sec. 1.10.070. Appeal of an administrative citation.
(a) Any recipient of an administrative citation may, within ten (10) business days from
the date that service of the administrative citation was completed, contest that there was a
violation or that he or she is the party responsible for committing the violation by filing
an appeal with the city clerk for the matter to be heard by a hearing officer. Any appeal
not timely filed shall be rejected.
(b) All appeals from any administrative citation shall be in writing and shall contain the
following information:
(1 }Name(s) of each appellant;
(2) A copy of the administrative citation or the reference number of the
administrative citation;
(3) A brief statement in ordinary and concise language of the specific items
protested, together with any material facts claimed to support the contentions of
the appellant;
(4) A brief statement in ordinary and concise language of the relief sought and the
reasons why the administrative citation should be rescinded, modified or
otherwise set aside; and
(5) The signatures of all parties named as appellants and their mailing addresses.
(c) Any recipient of an administrative citation contesting the citation must submit to the
city clerk an advance deposit of the total fine amount or an advance deposit hardship
waiver application form as described in Section 1.10.080. Any appeal of the
administrative citation filed without payment of the advance deposit or submittal of the
advance deposit waiver application shall be deemed incomplete.
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Ordinance No. 09-2048
(d) The person requesting the hearing shall be notified of the time and place set for the
hearing at least ten (10} calendar days prior to 'the date of the hearing.
(e) If the enforcement officer submits an additional written report concerning the
administrative citation to the hearing officer fir consideration, then a copy of this report
also shall be served on the person requesting the hearing at least five (5) business days
prior to the date of the hearing.
(f) Enforcement of any administrative citation shall be stayed during the pendency of an
appeal which is properly and timely filed.
Sec. 1.10.080. Advance deposit hardship waiver.
(a) Any person who intends to request a he~~ring to contest an administrative citation,
and who is financially unable to make the advance deposit of the fine as required in
Section 1.10.070, may file a request for an advance deposit hardship waiver which shall
include a sworn affidavit as described in subsection (c) below.
(b) The request shall be filed on an advance deposit hardship waiver application form,
available from the city clerk's office, in conjun~;tion with submitting the appeal.
(c} The city may waive the requirement of sin advance deposit and issue the advance
deposit hardship waiver only if the cited pa~~ty submits to the city a sworn affidavit,
together with any supporting documents or materials, demonstrating to the satisfaction of
the city manager or designee the person's actual financial inability to deposit with the city
the full amount of the fine in advance of the hearing. In determining the cited party's
financial ability or inability to deposit the full amount of the fine in advance, the city
manager or designee shall consider the amount of the fine imposed, the income of the
cited party, the expenses of the cited party, ;end any other factors that are reasonably
related to the cited party's ability to deposit the full amount.
(d) The requirement of depositing the full amount of the fine as described in Section
1.10.070 shall be stayed unless or until the city makes a full determination not to issue the
advance deposit hardship waiver. The city must make its determination within a
reasonable period of time, taking into account the complexity of the data pertinent to the
application.
(e) If the city makes a determination to deny the advance deposit hardship waiver
application, a written determination listing the reasons for the denial shall be issued. The
written determination to deny the waiver shall lie final.
(f} The written determination of the city's denial of the advance deposit hardship waiver
shall be served by mail upon the person who a~~plied for the waiver.
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Ordinance No. 09-2048
Sec. 1:10.090. Failure to timely appeal administrative citation.
Failure to timely and properly file an appeal from an administrative citation shall
constitute a waiver of all rights to an appeal hearing. The determination that the violation
occurred and that the violator was responsible for the violation shall be deemed final on
the date that service of the administrative citation is deemed completed pursuant to
Section 1.10.040. -
Sec. 1.10.100. Hearing on administrative citation before hearing officer.
(a} A hearing before the hearing officer shall be set for a date that is not less than fifteen
(15) business days and not more than sixty (60} calendar days from the date that a notice
of hearing was issued, unless the enforcement officer determines that the matter is urgent
and needs to be heard sooner or that good cause exists for an extension of time.
{b) No hearing to contest an administrative citation shall be held unless the fine set forth
in Section 1.10.060 has been deposited in advance or an advance deposit hardship waiver
application has been filed with and accepted by the city pursuant to Section 1.10.080.
(c) The hearing serves to provide the full opportunity of a person subject to an
administrative citation to object to the determination that a violation has occurred and/or
that the violation has continued to exist.
(d} The hearing officer shall consider any written or oral evidence submitted that is
relevant to the matter. Formal rules of evidence do not apply. The administrative
citation and any additional report submitted by the enforcement officer shall constitute
prima facie evidence of the respective facts contained in those documents. All hearings
shall be open and public.
(e) The failure of any person subject to or the recipient of any administrative citation to
appear at the hearing shall constitute a failure to exhaust administrative remedies.
(f} The hearing officer may continue the hearing and request additional information from
the enforcement officer or the person(s) accused of a violation prior to issuing a written
decision.
Sec. 1.10.110. Hearing officer's decision on administrative citation.
(a) Within a reasonable time following the conclusion of the hearing, the hearing officer
shall make findings and issue a determination, a copy of which shall be provided to both
the responsible party and the enforcement officer.
(b) if the hearing officer finds that no violation has occurred or that the violation was
corrected within the time period specified, the hearing officer shall issue a finding of
those facts. If the hearing officer determines that an administrative citation should be
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Ordinance No. 09-2048
cancelled, the city shall promptly refund the amount of the fine. If the hearing officer
upholds the violation, the city shall retain any fines paid or shall be entitled to collect and
fines owing but unpaid.
Sec. 1.10.120. Right to ,judicial review of hearing officer's decision.
Any person aggrieved by the decision by the Y~earing officer on an administrative citation
may obtain review of the administrative decision by filing a petition for review with the
Superior Court in Santa Clara County in accor~~ance with the time lines and provisions set
forth in California Government Code Section `>3069.4.
Sec. 1.10.130. Administrative penalty hearing before the city council
(a) In any instance where staff deems it appropriate to recommend the imposition of an
administrative penalty due to the egregious nature of a violation of the municipal code
and/or applicable statute, rule, code or regulation or the repeated failure to correct a
violation of the municipal code and/or appli~;able statute, rule, code or regulation, the
matter may be brought forward to the city council for a hearing. If the city council finds
by a preponderance of the evidence that a vi~~lation has occurred and that the situation
warrants the imposition of an administrative penalty, the city council may issue an order
that imposes any or all of the following;
(1) A directive to cease and desist from committing the violation;
(2) A directive to correct the violation, including a schedule for correction where
appropriate;
(3) Administrative penalties based upon the administrative penalty set pursuant
to Section 1.10.140;
(4) Administrative costs; and
(S) Interest imposed at the legal rate.
(b) The order shall state that failure to comply with its provisions may result in the city
proceeding with an abatement consistent v~~ith the provisions of Chapter 1.09 and
charging the cost of abatement plus all administrative costs to the property owner, and
may further result in the city collecting the monies due as a personal obligation of the
responsible party or by recordation of a lien against the subject -real property.
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,
including but not limited to costs the enforcement officer incurred in preparation for the
hearing and for participating in the hearing itself, and costs of the city to conduct the
hearing.
(c) If the violator gives written notice to the enforcement officer, city manager or city
council that the violation has been corrected and if the city finds that compliance has
been achieved, the date the written notice was postmarked or personally delivered or the
date of the f nal inspection, whichever first occurred, shall be deemed to be the date the
violation was corrected. If no written notice is provided, the violation will be deemed
7 ~s-s
Ordinance No. 09-2048
corrected on the date of the f nal inspection. Tf the city determines that compliance has
been achieved, the enforcement officer shall document that compliance has been
achieved. A copy of the compliance documentation shall be served on the responsible
party.
{d) The order of the city council is final at the time it is made; however, the city council
shall maintain continuing jurisdiction and shall have the power to modify the order, after
providing the person subject to the order with notice and an opportunity to be heard, until
full compliance is achieved. The order of the city council shall be subject to
reconsideration pursuant to Chapter 2.08 of this municipal code.
(e) The order shall have the same force and effect as a resolution of the City Council for
the purpose of filing a lien with the County of Santa Clara or Tax Collector's office
pursuant to this municipal code and for the purpose of pursuing any other collection or
enforcement action to obtain payment of the amounts owed to the city.
(f) The order, if recorded, shall have the same force and effect and priority as 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 to 683.220,
inclusive, of the Code of Civil Procedure.
Sec. 1.10.140. Administrative penalties imposed by council.
{a) Any parry subject to an order by the city council to pay an administrative penalty
shall be responsible for payment of the penalty in the amount specified in this section.
The administrative penalty is separate from the amount of any fine imposed pursuant to
this chapter.
(b) The city council may impose an administrative penalty in an amount not to exceed a
maximum of $1,000 per day for each violation, except that the total administrative
penalty shall not exceed $100,000 exclusive of administrative costs, interest and
restitution for compliance re-inspections, for any related series of violations or ongoing
violations. In determining the amount of the administrative penalty, the city council may
take any or all of the following factors into consideration: duration of the violation;
frequency, recurrence and number of violations, related or unrelated, by the same
violator; seriousness of the violation; good faith efforts of the violator to come into
compliance; economic impact of the penalty on the violator; impact of the violation on
the community; and any other factors as justice may require.
(c) If the responsible person fails to correct the violation(s), other enforcement actions
may be pursued by the city.
Sec. 1.10.150. Payment of Erne and penalty amounts.
(a} The amounts due shall be paid to the city within thirty (30) calendar days from the
issuance date of the decision, unless otherwise specifiedF
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Ordinance No. 09-2048
(b) Payment of any f ne and/or penalty shall not' excuse the failure to correct the
violation, nor shall it bar further enforcement action by the city for any continuation or
repeated occurrence of the municipal code and/or applicable statute, rule, code or
regulation violation that is the subject of the original enforcement action.
(c) Any person who fails to pay to the city any amount imposed pursuant to the
provisions of this chapter on or before the date the amount is due also shall be liable for
the payment of any applicable late payment charges consistent with the provisions of
Section 5.04.250 of this municipal code.
(d} If unpaid as of the date specified in any decision or order, all amounts due and any
interest assessed shall be collected by the cit;~ by use of all available legal means, and
maybe enforced as:
(1) A personal obligation of the violater; and/or
(2) If the violation is in connection with real property, a lien upon the real
property. The lien shalt remain in effect until ail of the amounts due are paid in full.
(e} In addition to any other remedies provided by law, failure to pay amounts due and
interest as specified on or before the date specified shall constitute a violation of this
municipal code punishable as a misdemeanor.
Sec. 1.10.1b0. Notices.
Whenever a notice is required to be given under this chapter, unless different provisions
are otherwise specifically made, such notice rriay be given either by personal delivery to
the person to be notified or by deposit in the United States mail, in a sealed envelope,
postage prepaid, addressed to such person to be notified at the last-known business or
residence address as the same appears in the last equalized county assessment roll or to
the records pertaining to the matter to which such notice is directed. Service by mail shall
be deemed completed at the time of deposit ;;n the United States mail is made. Where
personal service or service by mail upon the property owner cannot be made despite a
diligent effort, a copy of any notice shall be c~~nspicuously posted at the property that is
the subject of the notice. Failure to receive an3~ notice specified herein does not affect the
validity of proceedings conducted hereunder.
Sec. 1.10.170. Lien procedure.
(a) There is hereby established the following procedure for collection of administrative
penalties and costs or other abatement costs by recordation of a lien.
(b) Upon determination that the amounts duf; have not been paid in full within ninety
(90) calendar days, a report shall be provided t~~ the City Council stating the amounts due
and owing, the date of the decision or order:, the street address, legal description and
assessor's parcel number of the subject property, and the name and address of the record
owner of the property.
979-11
Ordinance No. 09-2048
(c) Prior to recordation of the lien, the city shall serve a copy of the report on the
property owner, along with notice to the property owner that a lien in the amounts stated
in the report will be filed against the subject property with the County Recorder.
(d) The notice shall be served in the same manner as a summons in a civil action in
accord with Code of Civil Procedure section 415.10 et seq. If, after diligent search, the
owner of record cannot be found, the notice may be served by posting a copy thereof in a
conspicuous place upon the property for a period of ten (10} calendar days and
publication thereof in a newspaper of general circulation published in Santa Clara
County.
(e) Following notice to the owner of record, the report and a copy of the decision or
order shall be recorded as a lien with the County Recorder. Once recorded, the decision
or order shall have the force and effect and priority of a judgment lien governed by the
provision of section 697.340 of the Code of Civil Procedure and may be extended as
provided in sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.
{f) Interest at the legal rate shall accrue on the principal amount of the lien until satisfied
pursuant to law.
(g) Alien pursuant to this section may be foreclosed by an action brought by the city for
a money judgment.
(h) Once payment in full is received by the city, the director of finance shall either record
a notice of satisfaction or provide the property owner with a notice of satisfaction so they
may record the notice with the County Recorder. Such notice of satisfaction shall cancel
the city's lien.
Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a
newspaper of general circulation published and circulated in the City within 15 days after
its adoption, in accordance with Government Code Section 36933, shall certify to the
adoption of this ordinance and shall cause this ordinance and her certification, together
with proof of publication, to be entered in the Book of Ordinances of the Council of this
City.
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Ordinance No. 09-2048
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 1st
day of September 2009 and ENACTED at a regular meeting of the City Council of the
City of Cupertino the day of _ 2009, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
City Clerk
Mayor
1 119 - 13 .
Attachment B
Current Remedy
for Infractions &
Misdemeanors
Internal Process:
At least three notices to
comply issued between 0-60
days
Citation Issuance:
Staff issued
> Code Enforcement
> Sheriff
Appeal Pracess:
None
Right to Seek Judicial Review:
Superior Court
City of Cupertino
Enforcement Remedies
***~~****Proposed*~*~*~~*,~~~*
Administrative Administrative
Citations Penalties
Internal Process:
At least two notices to
comply issued between 0-60
days
Pre-citation letter
Internal Process:
I~TOtification depending on degree
of violation
Hearing letter
Citation Issuance:
Staff issued
> Code Enforcement
> Sheriff
> Animal Control
> Senior Staff/CM
Appeal Process:
Independent Hearing Officer
Right to Seek Judicial Review:
Superior Court
Resolution:
City Council Penalty Assessment
Appeal Process:
Reconsideration Hearing
Right to Seek Judicial Review:
Superior Court
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