Chapter 1 - General Provisions#
Sec. 1.1. - How Code designated and cited.#
The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of the City of Oceanside, California," and may be so cited. Such Code may also be cited as the "Oceanside City Code."
Sec. 1.2. - Definitions and rules of construction.#
In the construction of this Code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:
City. The words "the city" or "this city" shall be construed as if followed by the words "of Oceanside."
Code. The words "the Code" or "this Code" shall mean "The Code of the City of Oceanside, California."
Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.
State Law reference— Similar provisions, Government Code, § 6800.
Council. Whenever the word "council" is used in this Code, it shall be construed to mean the city council of the City of Oceanside.
County. The words "the county" or "this county" shall mean the County of San Diego.
Day. A day is the period of time between any midnight and the midnight following.
State Law reference— Similar provisions, Government Code, § 6806.
Daytime, nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.
State Law reference— Similar provisions, Government Code, § 6807.
Gender. The masculine gender includes the feminine and neuter.
State Law reference— Similar provisions, Government Code, § 12.
In the city. The words "in the city" shall mean and include all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.
Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
Month. The word "month" shall mean a calendar month.
State Law reference— Similar provisions, Government Code, § 6804.
Number. The singular number includes the plural, and the plural the singular.
State Law reference— Similar provisions, Government Code, § 13.
Oath. "Oath" includes an affirmation.
State Law reference— Similar provisions, Government Code, § 15.
Officers, departments, etc. Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Oceanside, unless the context clearly indicates otherwise.
Official time. Whenever certain hours are named in this Code, they shall mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the city.
Or, and. "Or" may be read "and", and "and" may be read "or", if the sense requires it.
Owner. The word "owner", applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
Person. "Person" includes any person, firm, association, organization, partnership, business trust, corporation or company.
State Law reference— Similar provisions, Government Code, § 19; Code of Civil Procedure, § 17.
Personal property includes every species of property, except real property, as defined in this section.
State Law reference— Similar provisions, Civil Code, §§ 14, 663.
Preceding, following. The words "preceding" and "following" mean next before and next after, respectively.
Process includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
State Law reference— Similar provision, Government Code, § 22.
Property. The word "property" shall include real and personal property.
State Law reference— Similar provisions, Civil Code, § 14; Code of Civil Procedure, § 17.
Real property shall include lands, tenements and hereditaments.
State Law reference— Similar provisions, Civil Code, §§ 14, 658.
Shall, may. "Shall" is mandatory and "may" is permissive.
State Law reference— Similar provisions, Government Code, § 14.
Signature or subscription by mark. "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but, a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two (2) witnesses so sign their own names thereto.
State Law reference— Similar provisions, Government Code, § 16.
State. The words "the state" or "this state" shall be construed to mean the State of California.
Tenant or occupant. The words "tenant" or "occupant", applied to a building or land, shall include any person holding a written or an oral lease of, or who occupies the whole or a part of such building or land, either alone or with others.
Tenses. The present tense includes the past and future tenses, and the future includes the present.
State Law reference— Similar provisions, Government Code, § 11.
To. The word "to," when used in this Code to indicate the terminus of a series of section numbers, shall be construed to mean "up to and including."
Week. A week consists of seven (7) consecutive days.
State Law reference— Similar provisions, Government Code, § 6805.
Writing. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing in the English language, unless it is expressly provided otherwise.
State Law reference— Similar provisions, Government Code, § 8.
Year. The word "year" shall mean a calendar year, except where otherwise provided.
State Law reference— Similar provisions, Government Code, § 6803.
Sec. 1.3. - Provisions considered as continuations of existing ordinances.#
The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.
Sec. 1.4. - Effect of repeal of ordinances.#
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.
Sec. 1.5. - Severability of parts of Code.#
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
Sec. 1.6. - Catchlines of sections.#
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
Sec. 1.7. - Penalty.#
(a) Misdemeanors.
(1) Whenever in any article, section or provisions of the Oceanside City Code or other ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is mandated, or the failure to do any act is made or declared to be unlawful or an offense, then the violation of any such article, section or provision is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment unless some other criminal penalty is specifically stated in the article, section or provision.
(2) Whenever in any article, section or provision of the Oceanside Traffic Code any act is prohibited or is made or declared to be a misdemeanor, or the failure to do a mandated act is declared a misdemeanor, then the violation of any such article, section or provision of the Oceanside Traffic Code is a misdemeanor punishable according to subsection (a)(1) of this section. Otherwise, the violation of any article, section or provision of the Oceanside Traffic Code is an infraction punishable according to subsection (b) of this section.
(3) Notwithstanding subsection (a)(1) of this section, the city attorney may prosecute or authorize and direct the prosecution of any article, section or provision of the Oceanside City Code as an infraction punishable according to subsection (b) of this section.
(b) Infractions.
(1) Whenever in any article, section or provision of the Oceanside Traffic Code any act is prohibited or is made or declared to be unlawful or an offense, or any act is mandated, or the failure to do an act is made or declared to be unlawful or an offense, then the violation of any such article, section or provision of the Oceanside Traffic Code is an infraction.
(2) Violations of any article, section or provision prosecuted as an infraction shall be punishable by:
a. A fine not exceeding one hundred dollars ($100.00) for a first violation;
b. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same article, section or provision within one year;
c. A fine not exceeding five hundred dollars ($500.00) for each violation of the same article, section or provision within one year.
(3) The fourth and each additional violation of any article, section or provision punishable as an infraction within one year is a misdemeanor punishable according to subsection (a) of this section.
(c) Conditional sentencing. In addition to the fines and/or imprisonment set forth above, both conditional sentencing and probation are authorized as sentencing options in accordance with Penal Code Section 1203(a).
(d) Each day a separate offense. Each and every day during any portion of which a violation of a city code or ordinance is committed, continued or permitted is a separate offense.
(e) Effect of conviction upon liability for fees or charges. The conviction and punishment of any person, firm, company, or corporation under this section for a violation of any article, section or provision of any city code or ordinance shall not excuse or exempt such person, firm, company or corporation from the payment of any fee, charge, rate or tax payable under the same or any similar code or ordinance.
(f) Conflict with other penalty provisions. The provisions of this section shall to the greatest extent possible be construed consistently with other penalty provisions contained in various codes and ordinance of the city. The provisions of this section shall prevail over other penalty provisions in any city code or ordinance in the event of a conflict. In the event that no penalties are specified in a code or ordinance the provisions of this section shall apply.
(g) Additional remedies; public nuisance; civil penalty or action. Any condition caused, maintained, existing or permitted to exist in violation of any article, section or provision of this code or of any other ordinance of the city, or in violation of any permit, license, certificate, or authorization issued or given pursuant to this code or any other ordinance of the city, is hereby declared to be public nuisance and may, in addition to imposition of the penalties established by this section, be abated as such. The city council or city manager may authorize the city attorney to commence civil action to redress or abate any such violation. Additionally, any public nuisance may be summarily abated according to procedures established by this code, other city ordinance or state statute. The civil redress for violation of this code or city ordinance includes: equitable relief; forfeiture of any permit, license, certificate or authorization of any nature granted by the city and related to the violation; civil penalties as established by the city council; and any other civil remedy allowed under the laws of the State of California.
(h) Parking violations. This section is not intended to establish penalties for or affect violations of parking laws which are punishable by civil penalties under state law and for which penalties have been established pursuant to the Oceanside Traffic Code.
(i) Safety Enhancement Zone. For any violation of the Oceanside City Code or Oceanside Traffic Code that is committed within an area that has been designated by the city council as a Safety Enhancement Zone pursuant to section 1.15 and during the time that designation is effective, the fine shall be treble the amount otherwise prescribed up to the maximum amount allowable pursuant to Government Code Sections 36900 and 36901.
(Ord. No. 75-11, §§ 1, 2, 5-28-75; Ord. No. 77-21, § 1, 6-8-77; Ord. No. 83-28, § 1, 7-27-83; Ord. No. 83-30, §§ 13, 14, 7-27-83; Ord. No. 85-57, §§ 2, 3, 12-18-85; Ord. No. 91-16, § 1, 3-27-91; Ord. No. 92-03, § 2, 1-22-92; Ord. No. 93-20, § 1, 10-13-93; Ord. No. 08-OR0332-1, § 1, 5-21-08)
State Law reference— Cities authorized to impose fine not exceeding $1,000.00 and imprisonment for not more than six months for ordinance violations, Government Code, § 36901; violation of ordinance is a misdemeanor, Government Code, § 36900.
Chapter 1 - General Provisions#
Sec. 1.7.1. - Recovery of criminal justice administration fees.#
(a) Declaration of purpose.#
Pursuant to Government Code Section 29550 of the County of San Diego has enacted an ordinance imposing criminal justice fees on the City of Oceanside and other cities within the county. Government Code Section 29550.1 authorizes a city to recover any criminal justice administration fees imposed by a county on a city. The City of Oceanside, along with other cities in the County of San Diego, dispute the amount of the criminal justice administration fee imposed by the County of San Diego and have protested and refused to pay the fee pursuant to Government Code Section 907. The city council desires to recover the cost of complying with the county ordinance from criminal violators whose arrests result in the requirement for payment by the city of the criminal justice administration fee. The city council also desires to establish a method for collecting charges from criminal violators during the pendency of the dispute between the city and the county. The amount of the criminal justice administration charge imposed by county ordinance as of the date of the ordinance adopting which section is one hundred fifty-four dollars ($154.00).
(b) Recovery of criminal justice administration fee.#
(1)#
Pursuant to Government Code Section 29550.1 the city manager or the manager's designated representative shall seek recovery of all criminal justice administration fees imposed by the County of San Diego under the authority of Government Code Section 29550 from any person arrested by officers of the City of Oceanside or of the Oceanside Harbor District and convicted of any criminal offense related to the arrest.
(2)#
Every person convicted of a criminal offense related to an arrest by an officer of the City of Oceanside or of the Oceanside Harbor District for which a criminal justice administration fee was imposed by the County of San Diego shall reimburse the City of Oceanside or the Oceanside Harbor District for the fee.
(3)#
The courts of San Diego County are hereby requested, at the time of entering a judgment of conviction, to order the convicted person to reimburse the City of Oceanside for the criminal justice administration fee. Execution may be issued on the order in the same manner as judgment in a civil action.
(4)#
The courts of San Diego County are hereby requested, as a condition of probation, to order the convicted person to reimburse the City of Oceanside for the criminal justice administration fee.
(5)#
Until such time as the current dispute between the City of Oceanside and the County of San Diego regarding the amount of the criminal justice administration fee is resolved, the courts of San Diego County are requested to order that all criminal justice administration fees ordered for reimbursement to the city be paid into a trust account administered by the county, the court administrator, or the county auditor, to be held for the benefit of the city. At such time as the current dispute is resolved, the city may recover reimbursements from the trust fund together with interest accrued thereon.
(Ord. No. 93-20, § 2, 10-13-93)
Sec. 1.8. - Official seal of city.#
The city council hereby adopts the common seal of the city described as follows:
In the margin of the seal shall be the words "City of Oceanside, California", in a circle; and, in the central space, the words "Incorporated July 3rd, 1888."
(Ord. Code, §§ 1111, 1112)
Sec. 1.9. - Limitation on liability.#
(a)#
It is the intent of the city council of the City of Oceanside that any obligations imposed upon city officers or employees for implementation and enforcement of this Code are directory in nature and shall not be construed as creating a mandatory duty to act for purposes of tort liability. Nothing in this Code shall be construed to hold the city or any officer or employee of the city responsible for any damage resulting to persons or property by reason of any interpretation of this Code by a city officer or employee.
Nothing in this Code shall be construed as limiting or eliminating any defense or immunity from liability for the city or its officers or employees established by the provisions of Title 1, Division 3.6 of the Government Code or by any other provision of law.
(b)#
This section is declarative of past and existing city council policy and intent. Subsection (a) shall apply to all provisions of Oceanside City Code regardless of when such provisions were adopted.
(Ord. No. 87-38, § 1, 9-8-87)
Sec. 1.10. - Time limits for judicial review.#
(a)#
Judicial review of any decision of the city or of any commission, board, officer or agent of the city may be had pursuant to Code of Civil Procedure, section 1094.5, only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section.
(b)#
Any such petition shall be filed not later than the ninetieth day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision in any applicable provision of any statue, charter, ordinance or rule, for the purposes of this section, the decision is final on the date it is made. If there is such provision for reconsideration, the decision is final for the purposes of this section upon the expiration of the period during which such reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision, the decision is final for the purposes of this section on the date that reconsideration is rejected.
(c)#
The complete record of the proceedings shall be prepared by the city or its commission, board, officer or agent which made the decision and shall be delivered to the party requesting such record within ninety (90) days after he has filed a written request therefor. The request must be in writing and shall be filed with the city clerk. The city clerk shall, within ten (10) days of such request, notify the party of the estimated cost of the preparation of the requested record. The party requesting such record shall, within ten (10) days of such notification, deposit with the city clerk an amount sufficient to cover the estimated cost. If during the preparation of the record it appears that additional costs will be incurred, the party requesting such record may be notified and, if requested, shall deposit such additional amounts before the record will be completed. If the cost of the preparation of the record exceeds the amount deposited, the party requesting such record shall pay this additional amount. If the amount deposited exceeds the cost, difference shall be returned to the party requesting such record. Upon receiving the required deposit, the city clerk shall promptly prepare such record in accordance with the request. Such record shall include the transcript of the proceedings; all pleadings; all notices and orders; any proposed decision by a hearing officer; the final decision; all admitted exhibits; all rejected exhibits in the possession of the city or its commission, board, officer or agent; all written evidence; and any other papers in the case.
(d)#
If the party files a request for the record as specified in subsection (c) of this section within ten (10) days after the date the decision becomes final as provided in subsection (b) of this section, the time within which a petition pursuant to Code of Civil Procedure, Section 1094.5, may be filed shall be extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party or his attorney of record, if he has one.
(e)#
As used in this section, "decision" means any adjudicatory administrative decision made, after hearing, suspending, demoting or dismissing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retirement benefit or allowance.
(f)#
In making a final decision as defined in subsection (e) of this section, the city shall provide notice to the party that the time within which judicial review must be sought is governed by this section. Upon giving notice of any decision subject to this section, the person responsible to issue such decision shall include in the decision a statement substantially as follows:
The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Oceanside by Oceanside City Code section 1.11. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten (10) days after the decision becomes final a request is made for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, 704 Third Street, Oceanside, California 92054.
As used in this section, "party" means an officer or employee who has been suspended, demoted or dismissed; a person whose permit or license has been revoked or whose application for a permit or license has been denied; or a person whose application for a retirement benefit or allowance has been denied.
(Ord. No. 88-24, § 1, 6-8-88)
Sec. 1.11. - Additional time limits for commencement of court proceeding.#
Except as otherwise provided in section 2.0 [1.10] of this Code, Sections 65860 and 66499.37 of the Government Code, and Sections 21167 and 30801 of the Public Resources Code of the state, any legally permitted court action or proceeding to attack, review, set aside, void, annul or seek damages or compensation for any city decision or action taken pursuant to this Code shall not be maintained by any person unless such action or proceeding is commenced and service of summons is effected within thirty (30) days after the date of such decision or action. Thereafter all persons are barred from commencing or prosecuting any such action or proceeding or asserting any defense of invalidity or unreasonableness of such decision, proceeding, determination or actions taken. For the purpose of this section, the terms "decision," "determination," "action taken" and "action taken pursuant to this Code" shall include administrative adjudicatory, legislative, discretionary, executive and administerial decisions, determinations, proceedings or other action taken or authorized by this Code. This section shall not expand the scope of judicial review and shall prevail over any conflicting provision and any other applicable law relating to the subject.
(Ord. No. 88-24, § 1, 6-8-88)
Editor's note— The bracketed reference to § 1.10 has been added by the editor since there is no § 2.0 in this Code.
Sec. 1.12. - Enforcement authority; citations in lieu of arrest.#
(a)#
Any public officer or employee of the city designated by the city manager as having the duty to enforce city codes and ordinances, or specific provisions thereof, are public officers designated as and given the powers of arresting officers pursuant to the provisions of California Penal Code Section 836.5, including the power to issue citations, for enforcement of any provision of this Code, or any provision of the City Zoning Ordinance, Subdivision Ordinance, Grading Ordinance, Traffic Code or an uncodified ordinance, the violation of which is declared to be an offense punishable by criminal penalty.
(b)#
If any person is arrested for a violation of any one or more of the provisions of this Code, the City Zoning Ordinance, Subdivision Ordinance, Grading Ordinance, Traffic Code or any uncodified ordinance of the city and such person does not demand to be taken before a magistrate, the arresting officer may issue a citation in the manner prescribed in Chapter 5C of the California Penal Code, commencing with Section 853.5. In the event a person is arrested for an offense punishable as an infraction, a citation shall be issued unless the arrestee refuses to present a driver's license or other satisfactory evidence of his or her identity or refuses to sign the citation.
(c)#
The provisions of this section, and the designation of public officers made pursuant hereto, shall be additional to any other designation made by any other provision of this Code.
(Ord. No. 92-09, § 1, 3-3-92; Ord. No. 95-02, § 1, 3-1-95)
Sec. 1.13. - Claims for money or damages.#
(a)#
This section is adopted pursuant to the authority of California Government Code Section 935.
(b)#
Notwithstanding any exceptions contained in California Government Code Section 905, no action, suit, or proceeding for money or damages shall be brought against the city unless a claim therefor is first presented to the city as provided in this section.
(c)#
All claims required by this section shall be filed not later than six (6) months after the accrual of the cause of action, unless a greater time period is specifically authorized by California Government Code Section 911.2.
(d)#
All claims filed under this section shall be filed, presented and acted upon in the manner prescribed by California Government Code Section 910 through 915.2, inclusive, and city ordinances, resolutions, or policies relating to the filing, processing and payment of claims.
(e)#
To the extent not otherwise prohibited by statute, this section shall apply to actions against any city officers or employees where the action against the officer or employee is barred because a claim has not been first presented to the city.
(Ord. No. 94-13, § 1, 5-18-94)
Sec. 1.14. - Administrative remedies.#
(a) Sections 1.14 through 1.14.8, inclusive of this Code may be cited as the "administrative remedies ordinance." The procedures and penalties established in this section shall be in addition to criminal, civil or any other legal remedy established by law, including but not limited to the remedies established by section 1.7 of this Code.
(b) Any person violating provisions of this Code may be issued an administrative citation by an enforcement officer as provided in this section in lieu of a criminal penalty.
(c) Whenever used in this section, the following definitions shall apply:
| Term | Definition |
|---|---|
| City | Means the City of Oceanside. |
| City Code | Means the Oceanside City Code, the Oceanside Zoning Ordinance, the Oceanside Subdivision Ordinance, the Oceanside Grading Ordinance or any law, rule, regulation, statute, or ordinance which is adopted by reference in any City Code. |
| Civil penalty or penalty | Means the amount assessed for violation of a City Code pursuant to the administrative citation, provided however that one thousand dollars ($1,000.00) is the maximum amount of a civil penalty that may be assessed pursuant to an administrative citation. |
| Enforcement officer | Means any person authorized to enforce any provision of a City Code. |
| Hearing officer | Means any person appointed by the city manager to preside over the administrative hearings provided for in this section. |
| Person | Means any natural person, firm, association, business, trust, organization, corporation, partnership, company, or any other entity which is recognized as the subject of rights or duties. |
| Party | Means any natural person, firm, association, business, trust, organization, corporation, partnership, company, or any other entity which is recognized as the subject of rights or duties. |
| Respondent | Means any person or entity who is the registered owner, property owner, legal owner, driver, operator, tenant, lessee, or is otherwise liable for penalties in accordance with the applicable section of this Code, and who contests or disputes liability for civil penalties. |
(d) Any person violating any provision of a City Code that is punishable as a misdemeanor or infraction under the provisions of section 1.7 of this Code may also be assessed a civil penalty and may be issued an administrative citation by an enforcement officer as provided in this section for each such violation. Each and every day during a portion of which a violation of a City Code is committed, continued or permitted is a separate offense.
(e) Any civil penalty established by any provision of a City Code may be assessed in an amount not to exceed one thousand dollars ($1,000.00) by means of an administrative citation issued by the enforcement officer.
(f) Civil penalties assessed by means of an administrative citation shall be payable directly to the city and are due thirty (30) days from the date of the citation. Civil penalties assessed by means of an administrative citation will be collected according to the procedures specified in this section.
(g) The provisions of this section are intended to supplement the provisions of section 1.7 of this Code. The procedures and penalties established by this section are cumulative to the procedures and penalties established by section 1.7. Civil penalties in an amount greater than one thousand dollars may be assessed by action instituted by the city attorney or other authorized person on behalf of the city.
(Ord. No. 98-01, § 1, 1-7-98)
Sec. 1.14.1. - Procedures for administrative citations.#
(a) Upon discovering or observing any violation of this Code for which a civil penalty has been prescribed, the enforcement officer may issue an administrative citation to the violator or property owner in the manner prescribed in section 1.14.2 of this Code. The administrative citation shall be issued on a form prescribed by the city attorney.
(b) Any party responsible for a violation of this Code shall be provided a notice of violation prior to the issuance of an administrative citation. The notice of violation shall specify the action required to correct or otherwise remedy the violation(s). Not less than twenty-four (24) hours shall be allowed from the date of the notice of violation for the party to correct or otherwise remedy the violation. The enforcement officer shall assign a specific reasonable period within which to correct or otherwise remedy each violation. The enforcement officer shall consider the cost of abatement or correction, the time needed to obtain estimates, drawings and contracts for correction, time required for physical relocation of personal property, and the time required to review submittals in determining the reasonable warning period to be assigned for each violation. A notice of violation is not required before issuance of a second or any subsequent administrative citation for a continuing or repeated violation.
(c) Failure to comply with any portion of a notice of violation may result in the issuance of an administrative citation.
(d) The enforcement officer shall identify the responsible party. A responsible party shall be deemed to be the business or property owner or the manager or other person who is in immediate control of the premises or activity which constitutes a violation of this Code.
(e) Once the party responsible for the violation is identified, the enforcement officer may issue an administrative citation to that person or entity.
(Ord. No. 98-01, § 1, 1-7-98)
Sec. 1.14.2. - Service of citation.#
(a) Service of an administrative citation may be accomplished as follows:
(1) Personal service. The enforcement officer may obtain the signature of the responsible party to establish personal service of the citation. If the responsible party refuses or otherwise fails to sign the administrative citation, the lack of signature shall not affect the validity of the citation or the proceedings.
(2) The enforcement officer may post the citation by affixing the citation to a surface in a conspicuous place on the property. Conspicuous posting of the citation is not required when personal service is accomplished or when conspicuous posting poses a hardship or is excessively expensive. Failure of a posted notice to remain in place after posting shall in no way affect the validity of the citation or the proceedings.
(3) The enforcement officer may serve the citation by first class mail as follows:
a. The administrative citation shall be mailed to the responsible party or property owner(s) by first class mail, postage prepaid, with a declaration of service under penalty of perjury.
b. A declaration of service shall be made by the person mailing the administrative citation showing the date and manner of service by mail and reciting the name and address of the citation addressee.
c. The failure of any responsible party to receive a properly addressed citation shall not affect the validity of the notice.
d. Service of the administrative citation in the manner described above shall be effective on the date of mailing.
(Ord. No. 98-01, § 1, 1-7-98)
Sec. 1.14.3. - Contents of administrative citation.#
The administrative citation shall include all the following:
(1) A brief description of the violation;
(2) Date and location of the violation(s) and the approximate time the violation(s) was observed.
(3) Code section(s) violated;
(4) Description of corrective action required;
(5) A statement explaining that each day constitutes a new violation;
(6) The amount of civil penalty imposed for the violation(s);
(7) A statement advising that the fine shall be paid to the city within thirty (30) days from the date on the administrative citation, procedure for payment, and the consequences of failure to pay; and
(8) A statement describing the responsible party's right of appeal.
(Ord. No. 98-01, § 1, 1-7-98)
Sec. 1.14.4. - Appeal of administrative citation.#
(a) Persons receiving an administrative citation may appeal if within ten (10) calendar days from the date the citation is served. The appeal must be in writing and must indicate a return address. It must be accompanied by the penalty amount, specifying the basis for the appeal in detail, and must be filed with the city as indicated in the administrative citation. If the deadline falls any day City Hall is closed, then the deadline shall be extended until the next regular business day.
(b) As soon as practicable after receiving the written notice of appeal, the city agency shall fix a date, time and place for hearing before a hearing officer. Written notice of the time and place for the hearing may be served by first class mail, at the return address indicated on the written appeal. Service of the appeal notice must be made at least ten (10) days prior to the date of the hearing to the party appealing the citation.
(c) The failure of any person with an interest in the property, or other responsible party, to receive such properly addressed notice of the hearing shall not affect the validity of any proceedings under this chapter. Service by first class mail, postage prepaid shall be effective on the date of mailing.
(d) Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person's rights to administrative determination of the merits of the citation and the amount of the penalty. If no appeal is filed, the citation shall be deemed a final administrative order.
(e) A hearing officer shall be designated by the city manager for all appeal hearings under this chapter. The respondent may request the city manager disqualify a hearing officer for reasons of actual bias, prejudice, financial conflict of interest, or for any other reason for which a judge may be disqualified for cause in a court of law. The hearing officer shall conduct an orderly fair hearing and accept evidence on which persons would commonly rely in the conduct of their ordinary business affairs, however, the formal rules of evidence and procedure applicable to judicial proceeding shall not apply. Cross-examination of witnesses is not required, but may be permitted as deemed appropriate by the hearing officer. Notwithstanding any provision of this section to the contrary:
(1) A valid citation shall be prima facie evidence of the violation;
(2) The hearing officer shall accept testimony by declaration under penalty of perjury relating to the violation and the appropriate means of correcting the violation;
(f) The owner, agent, person responsible for the violation, or any other interested person may present testimony or evidence concerning the violation and the means and time frame for correction.
(g) The city manager, subject to approval by the city attorney, may establish appropriate administrative regulations for implementing this ordinance, conducting hearings and rendering decisions pursuant to this section.
(h) The hearing officer may reduce, waive or conditionally reduce the penalties stated in a citation or any late fees assessed if mitigating circumstances are shown and the hearing officer states specific grounds for reduction or waiver in the written decision. The hearing officer may impose conditions and deadlines for correction of violations or payment of outstanding penalties.
(i) The hearing officer shall make findings based on the record of the hearing and make a written decision based on the findings. The processing agency shall preserve all exhibits submitted by the parties and shall serve the decision by first class mail on the respondent within ten (10) working days after the hearing. The decision of the hearing officer dismissing the citation is final and conclusive, subject only to review by the municipal court. There are no appeals to the city council.
(Ord. No. 98-01, § 1, 1-7-98; Ord. No. 98-31, § 1, 10-21-98)
Sec. 1.14.5. - Court review procedures.#
(a) After receipt of the hearing officer's decision, the respondent may file an appeal with the municipal court for de novo review. The request for review shall be submitted within twenty (20) days of the date of mailing of the hearing officer's decision. The request for review shall be submitted on a form prescribed by the Court to the City of Oceanside, along with the applicable filing fee. The request for municipal court review shall state the reasons the party objects to the hearing officer's findings or decision.
(b) A final administrative order may be appealed to the municipal court as provided in section 1.14.5(a) within twenty (20) days of the date that the citation is deemed a final administrative order.
(c) The municipal court shall conduct a de novo hearing except the contents of the processing agency file shall be received into evidence.
(d) A copy of the notice of violation and imposition of penalty shall be entered as prima facie evidence of the facts stated therein.
(e) The municipal court filing fee shall be twenty-five dollars ($25.00) or such other amount as determined by the court. If the court finds in favor of the respondent, the amount of the fee shall be reimbursed to the respondent by the city. Any deposit of penalty shall be refunded by the city in accordance with the judgement of the court.
(f) If the penalty has not been deposited, and the decision of the court is against the respondent, the city may proceed to collect the civil penalty in the manner provided by law.
(Ord. No. 98-01, § 1, 1-7-98)
Sec. 1.14.6. - Penalties assessed.#
(a) The penalty amount shall be assessed at a rate as adopted by resolution of the city council.
(b) If the violator or property owner fails to correct the violation, subsequent administrative citations may be issued for the same violation(s).
(c) Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.
(d) All penalties assessed shall be payable to the city.
(e) The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation pursuant to section 1.14.3, without the filing of an appeal as provided in section 1.14.4, shall result in the assessment of an additional late fee. The amount of the late fee shall be 100 percent of the total amount of the administrative penalty owed.
(f) The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city. To enforce that debt, the city may file a civil action, impose a special assessment as set forth below, or pursue any other legal remedy to collect such money.
(g) The city may impose a special assessment against the property that is the subject of a citation if the citation has been issued to the property owner. The city shall record a notice of lien in the office of the county recorder when the special assessment procedure is used. When so made and confirmed, the cost shall constitute a lien on that property for the amount of the assessment. After confirmation and recordation, a copy shall be turned over the San Diego County Tax Collector. At that point, it will be the duty of the tax collector to add the amounts of the respective assessments to the next regular property tax bills levied against the lots and parcels of land for municipal purposes. Those amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes. Or, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.
(Ord. No. 98-01, § 1, 1-7-98)
Sec. 1.14.7. - Allocation of administrative penalties. Penalties collected in the manner described in this section shall be deposited in the general fund of the city.
(Ord. No. 98-01, § 1, 1-7-98)
Sec. 1.14.8. - Civil or criminal actions not affected. (a) Any administrative citation pursuant to this administrative remedies ordinance shall not prejudice any other action, civil or criminal, that may be brought to abate the public nuisance or violation or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other process regarding the same public nuisance or violation.
(b) Nothing in this administrative remedies ordinance shall be construed to prejudice any other action to impose, establish or recover a civil penalty for the violation of any City Code pursuant to any other provision of this Code.
(Ord. No. 98-01, § 1, 1-7-98)
Sec. 1.15 - Safety Enhancement Zone. A. Designation process. The city council may by ordinance, or by resolution upon a finding that there is a need to take immediate action to protect the public health, safety and welfare, designate a specific geographical area as a "Safety Enhancement Zone" and specify the date and or time that the designation is effective upon a finding that the geographical area is subject to unique conditions and circumstances during a specific period of time that create the potential for a significant threat to public health and safety and that the threat would be reduced by enhanced penalties for violations of provisions of the Oceanside City Code and Oceanside Traffic Code and increased responsibilities on the part of residents and occupants in the area. The ordinance or resolution establishing a Safety Enhancement Zone shall contain the following provisions: (a) a description of the geographical area comprising the Safety Enhancement Zone; (b) the date and time during which the Safety Enhancement Zone designation is applicable to the geographical area; (c) the factual basis for the designation; (d) the manner in which general notice of the Safety Enhancement Zone and the penalties for violations shall be given; and (e) the manner in which specific notice of additional duties, responsibilities and/or restrictions shall be given to owners or occupants of property affected by the Safety Enhancement Zone designation.
B. Coastal safety enhancement zone. The city council designates as a Safety Enhancement Zone the area bounded by the north and south city limits, the rail road tracks to the east and the shoreline to the west. This designation is effective from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th during each year that the designation is in effect. The factual basis for this designation is set forth in the findings of the Oceanside City Council stated in Ordinance No. 08-OR0332-1. Notice of the Coastal Safety Enhancement Zone designation and penalties for violations shall be posted on or before 6:00 p.m. on July 3rd at no less than three (3) locations along Mission Avenue, four (4) locations along Pacific Street, four (4) locations along The Strand and two (2) locations along Sportfisher Drive, Pier View Way, Surfrider Way, Wisconsin Avenue, Oceanside Boulevard, and Cassidy Street.
(Ord. No. 08-OR0332-1, § 1, 5-21-08)