Title
Introduction of Ordinance Amending the Alameda Municipal Code by Amending Section 1-7 (Administrative Citations) of Chapter I (General) Concerning Code Enforcement and Administrative Citations. (City Attorney)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
Staff is recommending that the City Council consider certain changes to the Alameda Municipal Code (AMC) related to code enforcement. The bulk of the proposed changes would strengthen, clarify and streamline aspects of the administrative citation process, including issuance and administrative review.
BACKGROUND
On November 19, 2019, the Council voted unanimously to direct staff to step up code enforcement of the City’s many codes, including those related to quality of life, in addition to those that implicate health and safety concerns.
As part of a more comprehensive approach toward this goal, and in coordination with the Planning Building Transportation Department, staff is recommending certain amendments to the Alameda Municipal Code to strengthen and streamline the administrative citation and enforcement process.
As a matter of background, administrative citations are law enforcement tools generally used to compel compliance with local laws and to deter repeat violations. This process has been used as an initial alternative to criminal prosecution. If the cited party contests an administrative citation, he/she may request an administrative hearing. Consistent with federal and California state constitutional mandates, the City’s Municipal Code currently authorizes the hiring of outside hearing officers to preside over administrative hearings. The City Attorney’s Office maintains a list of qualified hearing officers who serve in these capacities.
DISCUSSION
Based on the foregoing, staff is recommending the following amendments to Section 1-7 (Administration Citations) of Chapter 1 (General), which governs all aspects of administration citations for all violations of the Alameda Municipal Code, except parking violations.
Section 1-7.1 - Applicability.
AMC Section 1-7.1 clarifies that administrative citations would not apply to violations of the City’s parking regulations. Moreover, it would address the issuance of citations for continuing violations to comport with due process.
Section 1-7.3.1 - Notice of Violation.
Staff recommends deleting this provision as it is legally unnecessary and doing so would provide necessary flexibility for enforcement staff, especially where exigent circumstances exist or the need to compel compliance is great. How, when and how many notices to be issued is highly fact and circumstance specific. Such individualized decisions are best left to administrative policy.
Section 1-7.3.2 - Administrative Citation.
This amendment would clarify that citations would specify the time frame within which a fine must be paid and code violations be abated.
1-7.4 - Amount of Fines.
This amendment provides that, in addition to the default fine amounts ($250, $500, and $1,000), other fines or charges, including late fees, may be specified by Council resolution.
1-7.5 - Compliance with Administrative Citation. (Formerly, Payment of Fine)
This amendment mandates that compliance with the citation includes not only payment of the fine, but also rectifying the underlying violation, which should further clarify the basis for subsequent or continuing violations.
1-7.6 - 15 Various Administrative Modifications
Staff further proposes to make various administrative modifications to these provisions which: 1) streamline and clarify the enforcement/appeal process; 2) remove requirements that are best left to administrative policy (e.g., how best to mail or issue notices); 3) create additional options for administrative review (e.g., review by briefing only at the appellant’s election); and 4) clarifies that criminal remedies are available for refusals to comply with administrative citations.
1-7.16 - Transfer of ownership.
This is an entirely new section that would essentially prevent an owner from avoiding their code compliance obligations by simply selling, transferring, or leasing the property to another party. Specifically, owners would have an obligation to either resolve or provide evidence of notice and acknowledgement to the buyer/lessee of any outstanding code violations prior to sale (transfer) or lease of the property that is the subject of code enforcement.
FINANCIAL IMPACT
No financial impact is anticipated from the proposed ordinance.
ENVIRONMENTAL REVIEW
Adoption of the Ordinances amending the AMC is not a project under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 and Public Resources Code section 21065 because it does not: (1) approve a project or result in a direct physical impact on the environment, or (2) contemplate known future projects, and as such, no known environmental impacts are known at this time. Instead, the proposed amendments would clarify procedural aspects related to the implementation of locally adopted building and other related codes.
As a separate and independent basis, adoption of the Ordinances amending the AMC is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
RECOMMENDATION
Introduce Ordinance Amending the Alameda Municipal Code by Amending Section 1-7 (Administrative Citations) of Chapter I (General) (City Attorney)
CITY MANAGER RECOMMENDATION
The City Manager defers to the City Attorney office recommendation.
Respectfully submitted,
John D. Lê, Assistant City Attorney
Financial Impact section reviewed,
Elena Adair, Finance Director