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Administrative penalties shall be imposed, enforced, collected and reviewed in compliance with the provisions of this chapter. Administrative penalties may be imposed by the Enforcement Official for any of the following acts or omissions:

a. All violations of the City of Montague Municipal Code.

b. All violations of any Uniform Code adopted by the City of Montague.

c. Failing to comply with any condition imposed by any entitlement, permit, contract, or environmental document issued or approved by the City of Montague.

A. Notice of Violation.

1. If the Enforcement Official determines that public or private property, or portions thereof, is being maintained or permitted to exist in a manner for which administrative penalties may be imposed pursuant to this chapter, the responsible party(s) shall be provided with a reasonable period of time to correct the violation prior to imposition of the administrative penalties, except in those cases in which there is an immediate danger to health and safety. The reasonable period of time for purposes of this chapter shall not be less than thirty days from service of the Written Notice of Violation.

2. The first Notice of Violation shall specify the violation and the corrective action required to abate the violation. The Notice of Violation shall also state that failure to abate the violation could subject the responsible party(s) to administrative and criminal penalties and could result in the imposition of a lien on the property.

The failure of the notice to set forth all required contents should not affect the validity of the proceedings.

3. The Enforcement Official shall serve a copy of the Notice of Violation on the responsible party by personal delivery or by certified mail or by posting a copy of the Notice of Violation in a plainly visible place on the property. The failure of the Enforcement Official to serve any person(s) required here to be served shall not invalidate any proceedings hereunder as to any other person(s) duly served or relieve any such person(s) from any duty or obligation imposed on him or her. If the City of Montague proposes to impose a lien on the property, one copy thereof shall also be served on each of the following if known to the Enforcement Official or disclosed from official public records: The beneficial owner; and the owner; and in the event that service by certified mail cannot be effected or the recipient cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows:

a. By leaving a copy during normal business hours at the recipient's business with the person who is apparently in charge, and by thereafter mailing, by first class mail, a copy to the recipient at the address(es) where the copy was left.

b. By leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household, and thereafter mailing, by first class mail, a copy to the recipient at the address(es) where the copy was left.

B. Notice of Imposition of Administrative Penalties.

1. If the violation is not corrected within the period stated in the Notice of Violation, or if the violation creates an immediate danger to health or safety, a Notice of Imposition of Administrative Penalties may be issued by the Enforcement Official.

2. The Notice of Imposition of Administrative Penalties shall contain the following information:

a. The date, location and approximate time the violation was observed;

b. The Ordinance, Uniform Code, or condition imposed by any entitlement, permit, contract or environmental document violated and a brief description therein;

c. The amount of the administrative penalty imposed for the violation;

d. A statement that the responsible party may appeal the imposition of the administrative penalty within fifteen days of the date the Notice of Imposition is served;

e. Instructions on how to appeal the Notice of Imposition of Administrative Penalties;

f. A statement that if the responsible party fails to request an appeal of the Notice of Imposition of the Administrative Penalties, the imposition of the penalty shall be final;

g. A statement that any responsible party upon whom an administrative penalty has been imposed may seek judicial review of the order imposing the penalty pursuant to Government Code Section 53069.4; and

h. The failure of the Notice of Imposition of Administrative Penalties to set forth all required contents shall not affect the validity of the proceedings.

C. Service of Notice of Imposition of Administrative Penalties. The Notice of Imposition of Administrative Penalties shall be served in the same manner as provided for in Section 3.06.040A(3) for service of a Notice of Violation.

D. Amount of Administrative Penalties.

1. The penalty for each violation shall not exceed the following amounts:

a. One hundred dollars for a first violation;

b. Two hundred dollars for a second violation of the same Ordinance within one year; and

c. Five hundred dollars for each additional violation of the same ordinance within one year.

2. If the violation is not corrected, additional administrative penalties may be imposed for the same violation. The amount of the administrative penalty may increase at the rate specified above.

3. Payment of the Administrative Penalty shall not excuse the failure to correct the violation, nor shall it bar further enforcement action.

4. The administrative penalty imposed shall be made payable to the City of Montague.

E. Administrative Appeal.

1. The recipient of a Notice of Imposition of Administrative Penalties may appeal the imposition by filing a written Notice of Appeal with the Montague City Clerk. The written Notice of Appeal must be filed within fifteen days of the service of the Notice of Imposition of Administrative Penalties. Failure to file a written Notice of Appeal within this time period shall constitute a waiver of the right to appeal the Notice of Imposition of Administrative Penalties. The Notice of Appeal shall contain the following information:

a. A brief statement setting for the Appellant's interest in the proceedings;

b. A brief statement of the material facts that the Appellant(s) claims to support their contention that no administrative penalties should be imposed or that an administrative penalties of a different amount is warranted;

c. An address at which the Appellant(s) agrees notice of any additional proceeding or a decision relating to the imposition of the administrative penalties may be received by mail; and

d. The Notice of Appeal must be signed by the Appellant(s).

2. Upon a timely written request by the recipient of the Notice of Imposition of Administrative Penalties, the Planning Commission shall hold a Hearing. The Hearing shall be held as follows:

a. Notice of the Planning Commission's hearing shall be given at least ten days before the hearing to the person(s) requesting the hearing. The Notice of Hearing may be delivered to the person(s) or may be mailed to the address(es) listed in the Notice of Appeal;

b. The Enforcement Official who issued the Notice of Imposition of Administrative Penalties shall not be required to participate in the Planning Commission's Hearing. The contents of the Enforcement Official's file in the case shall be admitted as prima facie evidence of the facts stated therein. The Commission shall not be limited by the technical rules of evidence. The Appellant(s) may represent themselves or be represented by council. If the Appellant(s) fail to appear at the Commission's hearing, the Commission may make its determination based on the information contained in the Notice of Appeal. Testimony shall be received under oath. The Commission may grant continuances from time-to-time for good cause shown, or upon its own motion; and

c. The Commission may affirm the administrative penalties imposed, reduce the penalty, or find that the imposition of the administrative penalties is not warranted or is not in the interest of justice. The Commission may allow payments of the administrative penalties in installments, if the Appellant(s) provide satisfactory evidence to the Commission of an inability to pay the penalty in full. The Commission shall make its decision on the appeal within thirty days of the close of the appeal hearing. The

decision shall require any administrative penalties to be paid within twenty-five days of the date of service of the Commission's decision. The decision shall inform the Appellant(s) that if the administrative penalties are not paid within the time specified, they may be made a personal obligation of the appellant(s), or may also be made a lien against the property owned by the Appellant(s), or may be collected by special assessment to be paid with the County of Siskiyou taxes. The Commission's decision shall also inform the Appellant(s), against whom an administrative penalty has been imposed, that any judicial review of the Commission's decision must be filed with the Siskiyou County Superior Court within twenty days after service of the decision. Upon Issuance of the Commission's decision, the city clerk shall serve a copy on the Appellant(s) by first class mail to the address(es) provided by the Appellant(s) in the Written Notice of Appeal. The decision shall be deemed served within two days after the date it was mailed to the address(es) provided by the Appellant(s).

F. Payment and Collection of Penalties.

1. Any person(s) against whom an administrative penalty has been imposed shall pay the administrative penalty within twenty-five days of service of the Notice of Imposition of Administrative Penalties, (not appealed to the Planning Commission), or within ten days of service of the Planning Commission's decision on appeal. The Enforcement Official may take the action set forth in this section to collect the unpaid penalties.

2. An administrative penalty shall accrue interest at the same annual rate as any civil judgment. Interest shall accrue commencing the day after payment is due, as specified in subsection (1) above.

3. The amount of any unpaid administrative penalty, plus interest, may be declared a lien on any real property owned by the responsible parties within the City of Montague against whom an administrative penalty has been imposed, as follows:

a. Notice shall be given to the responsible party(s) prior to the recordation of the lien, and shall be served in the same manner as provided for in Section 3.06.040A(3) for service of a Notice of Violation.

b. The lien shall attach when the Enforcement Official records a Notice of Lien listing the delinquent unpaid administrative penalties with the Siskiyou County Recorder's Office. The lien shall specify the amount of the lien, the date of the code violation, the date of the final administrative decision, the street address(es) and legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address(es) of the owner of record of the parcel.

c. In the event the lien is discharged, released or satisfied, either through payment or through foreclosure, notice of the discharge containing the information specified in subsection (b) above shall be recorded by the Enforcement Official.

4. The amount of the unpaid administrative penalties, plus interest, may be declared a special assessment against any real property owned by the responsible Party(s) within the City of Montague against whom an administrative penalty has been imposed. The Planning Commission may impose the special assessment on one or more parcels. The Enforcement Official may present a resolution to the Commission to declare a special assessment, and upon passage and adoption thereof shall cause a copy to be recorded with the County Recorder's Office. The assessment may then be collected at the same time and in the same manner as ordinary taxes are collected, and

shall be subjected to the same penalties and the same procedure and sale in the case of delinquent assessments as is provided for ordinary property taxes.

5. The amount of the unpaid administrative penalties, plus interest, may be collected by commencement of a civil action to collect said penalties.

6. The amount of the unpaid administrative penalties, plus interest, may be collected by assignment of the amount owing to a collection agency.

G. Remedies and Penalties. All Remedies and Penalties provided for in this chapter shall be cumulative and not exclusive. The payment of penalties by any person(s) hereunder shall not relieve such person(s) from the responsibility of correcting, removing or abating the violation, nor prevent the enforced correction, removal or abatement thereof. Each and every day during any portion of which any violation of the City of Montague's Ordinances or the rules, regulations, orders, permits or conditions of approval issued thereunder is committed, continued, or permittee by such person(s) shall be deemed a separate and distinct offense. (Ord. 13-05, 2013)