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Code Enforcement Programs-Administrative Hearings

The City of Folsom utilizes a Code Enforcement Program in order to ensure fair and uniform application of the Folsom Municipal Code and other applicable laws. This informational handout is intended to provide you with a general understanding of the Code Enforcement Program procedure. This is not a legal document. If you have additional questions about the Code Enforcement Program, copies of the Code Enforcement Ordinance may be purchased from the City Clerk's Department. The City cannot give you legal advice, and you are encouraged to consult with your own legal counsel.

If you have received a Notice, it is either a Notice to Correct, a Notice of Administrative Violation or a Notice to Abate. If you are unsure what type of Notice you received, check the top of your pink copy and see which block has been marked. The Notice provides the facts that describe the violation(s), the provisions of the law which have been violated, the proposed sanctions, and the "Enforcement Authority" who gave you the Notice.

You now have several options, depending on the type of Notice you received. Each type of Notice is explained below.

If You Received a Notice to Correct
If You Received a Notice of Administrative Violation
If You Received a Stop Order
If You Received a Notice to Abate

If You Received a Notice to Correct

A Notice to Correct provides you with an opportunity to correct an illegal condition within a specified period of time without penalty. If you received a Notice to Correct, your case will be closed if you make the required correction(s) before the correction date specified on the Notice. Occasionally, the correction(s) must be reinspected by the City before your case will be closed. This can be determined by looking at the middle section of the pink copy of the Notice you received and seeing if the "Compliance re-inspection" block is checked. If compliance re-inspection is required, you must contact the Code Enforcement Officer at (916) 355-7316 and schedule a re-inspection at least 48 hours before the "to be corrected by" date.

If you want to contest the Notice to Correct, you have the right to a hearing. Hearings must be requested within ten calendar days of the date you received the Notice to Correct. Request for Hearing forms may be obtained from the City Clerk, and must be accompanied by a hearing fee. (The City Clerk will advise you as to the amount of the hearing fee.) Hearings are held within 30 days of the filing of the Request for Hearing form. The hearings are conducted before impartial Administrative Hearing Officers, and are open to the public. All parties to a hearing have the right to present evidence and witnesses, present opening and closing comments and to be represented by an attorney. The Hearing Officer will issue a written decision within 30 days after the conclusion of the hearing. The Hearing Officer's decision is not appealable to the City Council or to any City employee. The decision may only be appealed to a court as specified in the California Code of Civil Procedure.

If you have questions about the Notice, or disagree with the requested correction(s), you are encouraged to meet with the Enforcement Authority and/or the appropriate department head and/or designee in order to resolve the matter. While a meeting is encouraged, it is important to note that it does not extend the ten day period in which you must request a hearing. Therefore, if you intend to contest the notice, you still must request a hearing before the ten day period has expired.

After you have filed a request for an administrative hearing, you may request mediation, if you are interested. If the City also agrees to mediation, then a mediator will be assigned, and your case mediated such that you and the Enforcement Authority may reach mutual agreement as to the steps and time line needed to achieve compliance with the Folsom Municipal Code and other applicable laws. If a compliance plan is agreed upon by both you and the Enforcement Authority, then it will be placed in writing and signed. If both parties agree, the administrative hearing may be postponed until the mediation is completed.

If you fail to make the required corrections within the specified time period, you will receive a Notice of Administrative Violation that will include a monetary sanction and/or other penalty. Additional rights and details are specified in the Code Enforcement Ordinance, copies of which may be obtained from the City Clerk for $2.00.

If You Received a Notice of Administrative Violation

A Notice of Administrative Violation specifies an administrative sanction. This sanction is listed on the lower half of your notice, in the area under the heading "Administrative Sanction Schedule." If you pay this sanction within the next ten days, and make the required corrective action, then your case will be closed. If you want to contest the Notice of Administrative Violation, you have the right to a hearing. Hearings must be requested within ten calendar days of the date you received the Notice of Administrative Violation. A Request for Hearing form must be accompanied by a hearing fee and a payment of the proposed administrative sanction of up to $500 that is held as a security.

Hearings are held within 30 days of the filing of the Request for Hearing form. The hearings are conducted before impartial Administrative Hearing Officers, and are open to the public. All parties to a hearing have the right to present evidence and witnesses, present opening and closing comments, and to be represented by an attorney.

The Hearing Officer will issue a written decision within 30 days after the conclusion of the hearing. The Hearing Officer's decision is not appealable to the City Council or to any City employee. The decision may only be appealed to a court as specified in the California Code of Civil Procedure.

If you fail to pay the sanction and do not request an administrative hearing to appeal the Notice within the next ten days, then interest will be assessed on the outstanding amount, and the City may seek to collect the amount of the sanction by lien, special assessment, withholding of entitlements such as licenses and permits, or any other action allowed by law. If you have questions about the Notice, or disagree with the requested correction(s), you are encouraged to meet with the Enforcement Authority and/or the appropriate department head and/or designee in order to resolve the matter. While this is encouraged, it is important to note that this does not extend the ten day period in which you must request a hearing. Therefore, if you intend to contest the Notice, you still must request a hearing before the ten day period has expired. After you have filed a request for an administrative hearing, you may request mediation, if you are interested. If the City also agrees to mediation, then a mediator will be assigned and your case mediated such that you and the Enforcement Authority may reach mutual agreement as to the steps and time line needed to achieve compliance with the Folsom Municipal Code and other applicable laws. If a compliance plan is agreed upon by both you and the Enforcement Authority, then it will be placed in writing and signed. If both parties agree, the administrative hearing may be postponed until the mediation is completed.

Additional rights and details are specified in the Code Enforcement Ordinance, copies of which may be obtained from the City Clerk's Department.


If you Received a Stop Order

Some Notices of Correction and Notices of Administrative Violation have the "STOP ORDER" block checked. The purpose of a Stop Order is to ensure that you have obtained the proper permits prior to commencing work. If the work has already been started, but the proper permits have not been obtained, then you must not continue the work until the proper permits have been obtained, and any required inspection of the work is completed.


If You Received a Notice to Abate

If you received a Notice to Abate, the City has determined that you have an illegal condition on your property that is a public nuisance. You must abate the nuisance by the date specified, or the City will abate the nuisance for you, and then charge you for the abatement costs and an administrative fee.

If you want to object to the Notice to Abate, you have two options. First, if you feel that you did not create the nuisance, or believe that the removal of the nuisance will cause you financial or physical hardship, you may present written evidence supporting these claims to the Enforcement Authority. Second, you have the right to a hearing. Hearings must be requested before the specified time for abatement has lapsed. Request for Hearing forms must be accompanied by a hearing fee and a payment of the proposed administrative sanction of up to $500.00.

The administrative sanction is held as security. Hearings are held within 30 days of the filing of the Request for Hearing form. The hearings are conducted before impartial Administrative Hearing Officers, and are open to the public. All parties to a hearing have the right to present evidence and witnesses, present opening and closing comments, and to be represented by an attorney.

The Hearing Officer will issue a written decision within 30 days after the conclusion of the hearing. The Hearing Officer's decision is not appealable to the City Council or to any City employee. The decision may only be appealed to a court as specified in the California Code of Civil Procedure.

The City Clerk's Office can be reached at (916) 355-7270.

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