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CITY COUNCIL AGENDA ITEM NO. 19

Meeting Date: July 23, 2002

Subject/Title: Public Hearing to Amend Brentwood Municipal Code Section 1.08.040 by Authorizing the Immediate Issuance of Administrative Citations When the Violation Creates An Immediate Danger to Health or Safety.

Submitted by: Community Development, (Oshinsky/Kidwell)

Approved by: John Stevenson, City Manager

RECOMMENDATION
Introduce and waive the First Reading of an Ordinance adding a new subsection (C) to Brentwood Municipal code section 1.08.040 Administrative Citation.

PREVIOUS ACTION
On October 27, 1998 Council adopted Ordinance No. 604, amending the City of Brentwood Municipal Code by adopting an Administrative Citation Program.

BACKGROUND
Currently the City of Brentwood’s Administrative Citation Policy requires that written notice be provided prior to the issuance of any Administrative Citation. Code Enforcement staff has found that it would be beneficial if Administrative Citations could be issued immediately, including violations that create an immediate danger to health and/or safety. At this time, when staff arrives at a location where there is a blatant violation of the Brentwood Municipal Code, the Code Enforcement Officer does not have the ability to issue a citation while the violation is occurring.

If City Council approves this change, Code Enforcement staff will make every effort to continue issuing citations using the prior written notice requirement. Staff will only issue an immediate Administrative Citation when a blatant violation of the Brentwood Municipal Code is warranted or when the violation is creating an immediate danger to health and safety.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING SECTION 1.08.040 OF THE MUNICIPAL CODE PERTAINING TO ADMINISTRATIVE CITATIONS WHEN THE VIOLATION CREATES AN IMMEDIATE DANGER TO HEALTH OR SAFETY.

WHEREAS, the City Council approved Ordinance No. 604 in 1998 adopting an Administrative Citation Program; and

WHEREAS, it would be beneficial if Administrative Citations could be issued, without prior notification, if the violation is creating an immediate danger to health and safety; and

WHEREAS, a duly noticed public hearing on this amendment request was advertised in the Ledger-Dispatch on July 12, 2002 in accordance with the City policies and Government Code Section 65090; and

WHEREAS, the City Council held a public hearing on the proposed amendment on July 23, 2002, for the purpose of reviewing the application, and considering all comments made by the public with respect to this proposed amendment;

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby ordain as follows:

SECTION 1. Title 1, Chapter 1.08.040 Administrative Citation of the Brentwood Municipal Code is hereby amended by adding a new subsection (C) thereto, to read as follows:

1.08.040 Administrative Citation. Whenever an enforcement officer charged with the enforcement of any provision of this code determines that a violation of that provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation. An administrative citation shall not be issued unless all of the following have occurred:

(A) Prior written notice has been provided by the enforcement officer by personal delivery or delivery by U.S. mail. Such notice shall state the violation of this code, the persons or property responsible, an order to correct or otherwise remedy the violation by a date no less than three business days from the date of the notice, and a warning that failure to timely comply with the order will result in the issuance of an administrative citation.

(B) A report has been prepared by the enforcement officer detailing the instance or instances of the violation(s) of this code, including such information as photographic evidence, a chronological account of inspections made, identification of conditions noted, and witness statements, if any, all of which support the issuance of an administrative citation.

(C) Notwithstanding subsection(A) and (B), an enforcement officer shall have the authority to issue an administrative citation to any person responsible for a violation without providing the prior written notice required in subsection (A) or preparing the report required in subsection (B) when the violation requires immediate correction, due to an immediate danger to public health or safety, or if the property owner/violator has been given prior oral or written warning. In instances where an enforcement officer uses the authority provided in this subsection, the officer should prepare a report pursuant to subsection (B) within three (3) business days of issuing a citation.

(D) Each administrative citation shall contain the following information:
1. The date of the violation;
2. The address or a definite description of the location where the violation occurred;
3. The section of this code violated and a description of the violation;
4. The amount of the fine for the code violation;
5. 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;
6. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;
7. A description of the administrative citation review process, including the requirement of a written notice of appeal stating the grounds upon which the administrative citation was alleged to have been issued in error the time within which the administrative citation may be appealed and the name and address of the city clerk to whom shall be delivered any such appeal; and
8. A statement that judicial review of decisions upon an appeal hearing on the citation, must occur within the twenty-day timeframe set forth in Government Code Section 53069.4(b); and
9. The name and signature of the citing enforcement officer. (Ord. 604 § 1 (part), 1998)

SECTION 2. If any of the provisions of this ordinance or the application thereof to any person or property is held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable.

SECTION 3. This ordinance shall be effective 30 days after final adoption.

SECTION 4. This ordinance shall be published in accordance with Government Code Section 36933 by either posting or publishing the ordinance in accordance with that law. Further, the City Clerk is directed to cause Section 1 of this ordinance to be entered in the Brentwood Municipal Code.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 23rd day of July, 2002, and adopted at a regular meeting of the Brentwood City Council on the 13th day of August, 2002, by the following vote:

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