1.24.030 Definitions.
The following definitions apply to the use of these terms for the purposes of this chapter:
A. Administrative Citation. Document issued by the director levying or assessing a civil fine as set by city council resolution as a penalty for a code violation.
B. Administrative Review Board. Adjudicatory body appointed by the city council responsible for conducting administrative hearings of appeals of administrative citations issued for municipal code violations, excluding those issued for violations of Title 15 and for non-Title 15 violations issued in conjunction with a citation for a Title 15 violation, where the decision may be challenged by writ to the superior court. Members of this board may serve simultaneously on another advisory body pursuant to San Luis Obispo Council Policies and Procedures Section 6.7.2.5.
C. Code Violation. Any violation of the San Luis Obispo Municipal Code or any code adopted by reference therein.
D. Construction Board of Appeals. Adjudicatory body appointed by city council responsible for conducting administrative review of appeals of administrative citations issued for all violations of Title 15, as well as appeals of administrative citations for non-Title 15 code violations issued in conjunction with the Title 15 violation(s).
E. Director. The city manager or department head, or his or her designee, responsible for enforcing the municipal code with respect to his or her department on behalf of the city.
F. Effective Date of Administrative Citation. The date specified in the administrative citation as the effective date. Generally the effective date will be the date the administrative citation is issued. However, for code violations of building, plumbing, electrical or other similar structural or zoning regulations that do not create an immediate danger to health or safety, the effective date will be as specified in the notice to correct, which date shall not be less than ten days after the notice to correct or notice of violation is issued.
G. Fine Payment Due Date. The date the administrative citation fine is due. It shall be at least ten days after the effective date of the administrative citation.
H. Hearing Officer. The person appointed by the city attorney, or his or her designee, to serve as the hearing officer for conducting administrative hearings of appeals of administrative citations issued for municipal code violations, excepting those issued for violations of Title 15 and for non-Title 15 violations issued in conjunction with a citation for a Title 15 violation, where the decision may be appealed directly to the superior court pursuant to Government Code Section 53069.4 for a de novo hearing.
I. Issued. Giving, mailing, personally serving or posting a notice to correct, notice of violation and/or an administrative citation to a person. The notice or administrative citation shall be deemed issued on the earliest of the date on which the notice and/or administrative citation is personally served on a person, the date it is mailed to a person by posting in the regular United States mail, or the date it is physically posted on real property where a property related code violation is occurring. If the property is physically posted, notice shall also be given by mail as soon as possible.
J. Notice to Correct. A notice of code violation that pertains to continuing building, plumbing, electrical, or other similar structural or zoning violations that do not create an immediate danger to health or safety. The notice to correct usually serves as a courtesy notice and opportunity to correct or consult with staff regarding the alleged code violation, and does not serve as a final order, decision or determination made by the chief building official or fire official. The notice to correct may be served concurrently with a notice of violation and/or administrative citation; provided, the administrative citation shall have an effective date at least ten days after the date the notice to correct is issued.
K. Notice of Violation. A written notice issued to a person(s) advising them that they are in violation of the San Luis Obispo Municipal Code with respect to certain real property or the operation of a certain business, or individual behavior, which is served concurrently with an administrative citation assessing a civil fine as set by city council resolution as a penalty for a municipal code violation. Subsequent notices regarding the same type of violation, within any twelve-month period, may be cause for imposing additional administrative fines without warning. The notice of violation must be issued at least ten days prior to the effective date of an administrative citation if it pertains to building, plumbing, electrical, structural, zoning, storm water or other violation that does not create an immediate danger to health or safety.
L. Person. Any of the following:
1. An individual who causes a code violation to occur.
2. An individual who maintains or allows a code violation to continue, by his or her action or failure to act in a lawful manner.
3. An individual whose agent, employee, or independent contractor causes a code violation by its action or failure to act in a lawful manner.
4. An individual who is an owner of real property where a property related code violation occurs.
5. An individual who is an owner of a business or who is the on-site manager of a business and who normally works at the site when the business is open and is responsible for the activities at such premises. For purposes of this subsection, “person” includes a natural person or a legal entity including, but not limited to, the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity. There shall be a legally rebuttable presumption that the record owner of a parcel as listed on the county’s latest equalized property tax assessment rolls is the person responsible for a code violation on such parcel. In addition, where applicable, a commercial lessee, sublessee, or operator of a business on a parcel shall be presumed responsible for code violations relating to the operation of the business (for example, sign ordinance violations) on that parcel.
6. An individual who is an owner of real property where a violation of the city’s noise or unruly gathering ordinance(s) occurs after notification of a previous violation, in accordance with Chapters 9.12 and 9.13. (Ord. 1625 § 1 (part), 2015)