HomeMy WebLinkAbout1011Enacting Ch. 8.05 Admin Citations Title 8 of Municipal Code 06-08-2022RDINANCE NO. lull
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
'TING : CHAPTER 8.05 "ADMINISTRATIVE CITATIONS" OF COLORADO, ENA .
TITLE 8 OF THE FIRESTONE MITNlt'Il'AT, t~ODE
WHEREAS, the Board of Trustees of the Town of Firestone ("Town") fords t11at the
establishment of an administrative citation framework tiro riding fol the imposition of fines and
citation protest p�ocess is an alternat.ve method of enforcement for certain vio_ations of the
Firestone :Municipal Code, which reduces the burden upon law enforoenient and the judicial
system while also redo: ing the time and expense for the person issued a citation to resolve the
matter; and
WHEREAS, the Town fiuther finds that enacting an administrative citation framework will
increase the effectiveness of the Firestone Municipal Code
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, COLORADO.
CHAPTER 8.05 -ADMINISTRATIVE CITATIONS
Sec. 8.05.010. Definitions.
For the purposes of this chapter, the following terms shall have the following meanings,
except where the context clearly requires a different meaning:
Adi�ririistr•crtive h�arirtg officer CC oj�cer") means a person appointed by the town
manager to hear appeals of administrative citations.
Errforce»>ertt o4(�cinl means any person authorized by the town manager to enforce tine provisions
of this chapter.
11lrf�71)c�ge14 shall mean the town manager or the manager's authorized designee.
Resnonszble ncrrty shall mean a person who has or is alleged to have violated a specific provision
of the Code, or any such yule, order, or regulation as are adopted through a iulennaking process
or as provided by ordinance by the town.
Sec. 8.05.020. Authority.
(a) An enforcement official may issue an administrative citation to any responsible party for
violating the following applicable ordinances, rules, orders or regulations of the town:
(1) the requirements, rules and regulations set forth iii title 5 of the Cade;
(2} the requirements, rules and regulations set forth in title 6 of the Code;
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(3) the requirements, rules and regulations set forth in title 8 of the Code;
(4) the requirements, rules and regulations set forth in chapter 10.12 of the Code;
(5) the requirements, rules and regulations set forth in chapter 12.32 of the Code;
(6) storillwa ter quality regulations, requirements, and prohibitions set forth in chapter
13.13 of the Code;
(7) the requirements, riles and regulations set forth in title 16 of the Code.
(b) Notwithstanding any other provision of the Code, responsible parties cited under the
provisions of this chapter shall have only the protest rights granted herein.
(c) A civil penalty assessed by means of an administrative citation issued by the enforcement
official may be collected by any means allowed by law.
(d) Enforcement actions are intended to be cumulative in nature. The town may pursue one
or more civil, criminal, and administrative action(s), fee(s), fine(s), sentence(s),
penalty(ies), judgment(s), and remedy(ies) and may do so simultaneously or in
succession.
(e) Each day a violation exists or continues shall constihrte a separate and distinct violation
for xvhich a separate citation may be issued. However, if the responsible party protests,
no additional citation shall be issued for the same violation until after the protest has been
heard and the responsible party has not complied with an order of the hearing officer
within ten (10) days of its issuance or such other time as the hearing officer has specified.
Sec. 8.05.030. Procedures.
(a) The enforcement official shall attempt to issue the administrative citation to the
responsible party at the site of any violation or at the responsible party's business or
personal address.
(b) The enforcement official shall attempt to obtain the signature of the person receiving the
administrative citation on the citation. If that person refitses or fails to sign the
administrative citation, the failure or refusal to sign shall not affect the validity of the
citation and subsequent proceedings.
(c) If the enforcement official is unable to issue the administrative citation to the responsible
party, the administrative citation shall be sent via first class mail to the responsible party
at the last known address.
(d) Notice shall be deemed served on the date of receipt by the responsible parry, if
personally served, or upon the fifth day after mailing of the administrative citation.
Sec. 8.05.040. Contents of notice.
(a) The administrative citation shall state the date and location of the violation and the
approximate time the violation occurred. When applicable, the administrative citation
may identify the property in violation by address or legal description.
(b) The administrative citation shall refer to the specified code section, ordinance, mile,
order or regulation allegedly violated and describe the violation(s).
(c) The administrative citation shall state the amount of penalty imposed for the
violation(s).
(d) The administrative citation shall explain haw the penalty shall be paid, the time period
by which it shall be paid, and the consequences of failure to pay the penalty.
(e) The administrative citation shall briefly state the process for protesting the
administrative citation.
(f) The administrative citation shall contain the signature of the enforcement official and
the signature of the responsible party if it can be obtained.
Sec. 8.0.5.050. Protest of adminish•ative citation.
(a) A person served with an administrative citation may file a notice of protest within ten
calendar days from the date of service of the notice. Compliance with this time limit
shall be a jurisdictional prerequisite to any protest brought under this chapter, and failure
to comply shall bar any such protest.
(b) The notice of protest shall be made in writing and filed with the municipal court, and
contain the following information:
(1} The reason the protestant believes the administrative citation is, incorrect or
without merit.
(2) The type of dispute involved and the time during which it occurred.
(3) The name, address, email address and telephone number of the protestant.
(4) If the protestant is to be represented by legal counsel, the name, address, and
telephone number of such person.
(5) The signature of the protestant, or legal representative.
(c) As soon as practicable after receiving the written notice of protest, the municipal court
shall notify the hearing officer who shall schedule a date, time and location for the
hearing.
(d) Written notice of the date, time and location of the hearing shall be personally served
upon or sent by first class mail to the responsible party at least ten calendar days prior
to the date of the hearing.
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Sec. 8.05.060. Administrative hearing officers.
The manager shall appoint one or more individuals to serve as hearing officer(s). Any person
designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest,
ar for any other reason for which a judge may be disqualified in a court of law.
Sec. 8.05.070. Procedures at administrative citation protest hearings.
(a) Administrative citation protest hearings are intended to be informal in nahire. Formal rules
of evidence and discovery do not apply. The procedure and format of the administrative
citation protest hearing shall follow the procedures as set forth herein.
(b) The parties to an administrative citation protest hearing shall be the responsible parry and
the manager. Parties may be represented by legal counsel. Parties may present documentary
evidence and call and question witnesses.
(c) The hearing officer, at the request of any party to the hearing, may subpoena witnesses,
documents and other evidence where the attendance of the witness or the admission of
evidence is deemed necessary to decide the issues at the hearing. All costs related to the
subpoena, including witness fees and mileage fees at the rates provided by state statute,
shall be borne by the party requesting the subpoena.
(d) The hearing officer shall have the power to call and question witnesses, to review and
consider the relevancy of documentary or other tangible evidence, to rule on evidentiary
questions and witness qualifications, and to generally conduct the hearing in conformance
with the procedures and requirements set forth herein.
(e) The town bears the burden of proof at an administrative citation protest hearing to establish
the existence of a violation.
(f) The standard of proof to be used by the hearing officer in deciding the issues at an
administrative citation protest hearing is by a preponderance of the evidence.
(g) Ea(%lr party shall have the opportunity to cross-examine witnesses and present evidence in
support of its case.
(h) The order of proceedings shall be as follows:
(1) Docket call by hearing officer.
(2) Opening statement by the town and by the protestant, unless waived by either party.
(3) Presentation of evidence by the town, allowing cross-examination by the protestant.
(4) Presentation of evidence by protestant with cross-examination by the town.
(5) Rebuttal and sur-rebuttal evidence, if any.
(6) Closing argument by the town, followed by closing argtulient by the protestant.
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The hearing officer may allow rebuttal argument by the town. The hearing officer may require
argument to be oral or in writing or both.
Sec. 8.05.080. Duties of hearing officer.
(a) The hearing officer shall determine whether protests of administrative citations are valid.
In doing so the hearing officer shall determine whether the administrative citation under
protest was issued in compliance with the requirements of the Code. hi each case, the
hearing officer shall be charged with performing all functions relating to the final
determination and order, and entertaining protests made in writing. The hearing officer
shall perform those duties and functions necessary and incidental to determining the matter,
including the issuing of subpoenas, hearing and considering all testimony, examining all
documents, ruling on evidentiary questions, and generally conducting the hearing as a
quasi judicial proceeding.
(b) Upon receipt of a protest, the hearing officer shall assign the time and place for hearing the
case, unless, if requested by the protestant and in the sole discretion of the hearing officer,
it is submitted on written brief and supporting material. The hearing officer shall notify the
parties of the time and place of the hearing. In the discretion of the hearing officer, parties
to the hearing may be required to file a pre -hearing statement before the case is set for
hearing. The pre -hearing statement may include: the issues raised by the protest; agreed
and disputed facts; copies of exhibits not previously included in the record; names of
witnesses with a brief statement sunullarizing their testimony; an estimate of the time
necessary to present a party's evidence and other matters as requested by the hearing
officer.
(c) All hearings or, when a protest is submitted for determination based on written argument
and or recorded documentation shall be conducted solely by the hearing officer assigned
the matter.
(d) All testimony in proceedings before the hearing officer shall be given under oath.
(e) The conduct of hearings and the admission of evidence shall generally be in accordance as
set forth herein without regard to whether such conform to cornrnon law or stahttory rules
of procedure or evidence or other teelmical riles. The hearing officer may utilize his or her
experience, technical competence, and specialized knowledge in the evaluation of evidence
presented.
(f) Copies, photographs, and photocopies maybe admitted into evidence.
(g) Witnesses intended to give opinion testimony as experts must be qualified as such, and
their qualifications should be submitted iu advance to the hearing officer.
(lr) Hearings shall be recorded by electronic means and transcripts of such recordings shall be
made at the expense of the party requesting the transcript.
(i) Whenever it appears that a protest is not filed within the time required by this chapter, or
where the protestant lacks jurisdiction or standing, the matter may be dismissed on the
motion of any party or the hearing officer.
(j) Mailings, notices, computations of time, time limitations, service and filings shall confoini
to the requirements of the particular, rile, regulation, law or ordinance involved.
(k) A decision of the hearing officer shall be known as an administrative citation enforcement
order, and shall become final upon mailing to the responsible party. The order shall:
(1) uphold the administrative citation and all penalties as to any violation proved by
the town; or
(2) dismiss the adminishative citation and all penalties as to any violation not proved
by the town; and as applicable,
(3) require payment of any outstanding assessed penalties and costs by a specified date.
For protests of citations for violations that the enforcement official has determined would cause
immediate peril to life or property, or is of a nature that requires immediate compliance, the
hearing officer shall determine the validity of all outstanding citations for said violation as of
the date of the hearing.
(1) As part of the administrative citation enforcement order, the hearing officer may, in whole
or in part:
(1) reduce the penalties assessed by the administrative citation, but only where the
responsible party has provided clear and convincing evidence of both complete
compliance prior to the hearing and also justifiable neglect for a failure to comply
earlier, provided however that claims of insufficient financial resources shall not
constitute justifiable neglect;
(2) conditionally reduce the penalties assessed by the administrative. citation where
the order imposes conditions and deadlines to coi�•ect violations upheld and order
the stay of the issuance of additional administrative citations for those same
violations upon frill compliance with the conditions and deadlines imposed in the
administrative enforcement order; or
(2) waive the penalties assessed by the administrative citation, but only where the
responsible party has provided clear and convincing evidence of complete
compliance prior to the date of the service of the administrative citation.
(m) In the event that the hearing officer does not dismiss the administrative citation, the hearing
officer shall assess reasonable administrative costs of not less than $100.00, but not to
exceed $300.00.
Sec. 8.05.09o0. Failure to obey subpoena.
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It shall be unlawful for any person to refuse to obey a subpoena issued by a hearing officer. Failure
to obey a subpoena constitutes contempt and may be criminally prosecuted and result in penalties
imposed under section 1.16.010 of the Code.
Sec. 8.4_5.100. Failure to attend administrative citation protest.
Any responsible party who fails to appear at the Bearing is deemed to waive the right to a hearing
and the adjudication of the issues related to the hearing, provided that proper notice of the hearing
has been provided.
Sec. 8.45.110. Failure to comply with administrative enforcement order,
It shall be unlawful for a responsible party to an administrative citation enforcement hearing, who
has been served with a copy of the final administrative citation enforcement order, to fail to comply
with the order. Failure to comply with a final administrative citation enforcement order may be
criminally prosecuted and have penalties imposed under section 1.16.010 of the Code.
Sec. 8.05.124. Penalties assessed.
(a) The achninistrative penalty for violation of the Code, ordinances, rinles, orders and
regulations shall be established by the town manager, but shall not exceed the following amounts
regardless of the number of violations per citation:
(1) First administrative citation: $150.00.
(2) Second administrative citation: $500.00.
(3} Third or subsequent administrative citation(s): $999.00.
(b) Payment of the penalty shall not excuse the failure to correct the violations, nor shall it bar
fiuther enforcement action by the town.
(c) All penalties assessed shall be payable to the town.
Sec. 8.05.130. Failure to pav penalties.
(a) The failure of any responsible party to pay the civil penalties assessed by an administrative
citation within the time specified on the citation or administrative citation enforcement
order, if an administrative hearing was held, shall result in the imposition of a late fee of
$25.00 and interest at a rate of ten percent per annum.
(U) In the event of failure to pay all penalties assessed within thirty (30) days of assessment,
the manager may refer the matter for collection by whatever means are availaUle to the
town.
(c) Any action or other process provided by law may be employed by the town to recover or
collect any amounts, including late fees, interest, and administrative costs, owing under
this chapter.
(d) Failure to pay outstanding civil penalties that are not pending protest and are owed to
the town as a result of one (1) or more administrative citations may be grounds for
suspension or revocation of any license issued by the town until fully paid.
Section 2. If any article, section, paragraph, sentence, clause, or please of this ordinance is
held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare
it would have passed this ordinance and each part or parts hereof irrespective of the fact that any
one part or parts be declared unconstitutional or invalid.
Section 3. All other ordinances or portions thereof inconsistent or conflicting with this
ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this bth day of j i1rit. , 2022.
ATTEST:
gt +�N'.
T OFF STONE, COLORADO
TOWN
E o Drew Peterson, Mayor
APPROVED,4AS TO
William P. Hayashi, T
Attorney