Agenda Item Wording:
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Ordinance Update - A public hearing and first reading of Ordinance No. 2026-03 to amend Chapter 1.13 to ensure consistency with the administrative process for correcting municipal code violations, city wide.
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Prepared by:
Tracy Robertshaw, Neighborhood Preservation Manager, (559) 713-4187, tracy.robertshaw@visalia.gov
Paul Bernal, Planning and Community Preservation Director, (559) 713-4025, paul.benal@visalia.gov
Department Recommendation: Staff recommends that the Visalia City Council hold a public hearing, receive a presentation and staff report, and introduce the first reading of Ordinance No. 2026-03 amending Visalia Municipal Code Section 1.13 “Administrative Code Enforcement Procedures and Penalties” as detailed in the attached Ordinance No. 2026-03, and summarized in the staff report below.
Summary:
Neighborhood Community Preservation staff is seeking to update and revise various sections in Chapter 1.13 “Code Enforcement Procedures and Penalties” of the Visalia Municipal Code. The proposed amendments are to ensure consistency related to the administrative process for correcting violations.
Background Discussion:
The following is a summary of the revisions to Chapter 1.13, as recommended by staff, to ensure consistency is maintained and current administrative hearing procedures align with the City’s current practice. The amendments to various sections of this chapter are as follows:
1. Update to 1.13.030 Definitions
Definitions contained in Section 1.13.030 will be updated and several new definitions are added based on staff’s analysis.
The addition of new definitions includes:
§ Administrative citation. “Administrative citation” shall refer to a specific type of administrative order, specifically when a fine is being immediately issued due to a violation of the municipal code. An administrative order and administrative citation shall have the same meaning, and the terms may be used interchangeably.
§ Person. “Person” includes any person, firm, association, business entity, company, corporation, government entity, organization, partnership, joint venture, limited liability company, trust, or estate.
§ Responsible party. “Responsible party” means any of the following: (1) Any person that causes, maintains, permits, or is otherwise responsible for an act or omission that constitutes a violation under this chapter, if the person is a minor, then the parents or guardians of the minor shall be considered the responsible party; or (2) A person who has an ownership interest in real property upon which a violation exists; or (3) A person exercising possession or control of real property upon which a violation exits, including but not limited to a tenant, agent, employee, contractor, subcontractor, or other occupant.
§ Violation. “Violation” means the failure to comply with any provision of the Visalia Municipal Code, ordinances adopted by the Visalia City Council, or violations of licenses, permits, entitlement, or approvals issued by the City of Visalia as stated in 1.13.050(A). Each day or any portion thereof, during which any violation continues, exists, or occurs shall be deemed a separate violation. Each distinct code section, ordinance, license, permit, entitlement, or approval violated shall give rise to a separate violation that may be cited.
Revised Definitions:
§ Working days. “Working days” are days which are neither Saturday, Sunday, nor nationally observed holidays or days that City of Visalia offices are closed.
Please note additional language was added to this definition to clarify that working days are only the days that the public has access to City offices.
2. Update to Section 1.13.060 Commencement of Administrative Enforcement
Language was removed from this section that required all violations to be corrected within ten (10) working days of notices and was replaced with language allowing City staff to set the dates for correction based on the specific facts and circumstances. The prior rule specifying a ten-day correction period did not fit some types of violations that reasonably called for less or more time to be corrected. The revised rule clarifies it only applies when corrective action is required, acknowledging that in some instances a fine is being issued for the violation while allowing City staff the ability to set due dates for correction based on the specific facts and circumstances related to the type of violation.
Additionally, the requirement to prepay a deposit of the penalties to appeal a violation notice was removed due to this requirement posing a potential legal challenge regarding due process and creates a potential financial hardship for property owners. The revisions to this section, as proposed, ensure that property owners are not denied their right to an appeal hearing based on their financial situation.
3. 1.13.070 Service of Administrative Enforcement Order
This section was updated to clarify that five (5) working days constitutes completion of mail service and additional language was added to clarify out of state owners are considered served at ten (10) working days.
4. 1.13.090 Administrative Enforcement Order Appeal Hearing
Section 1.13.090 section A: This section is updated to include language for a person or responsible party to contest the appointed hearing officer if the requesting party claimed bias on the part of the hearing officer. Under the prior code there was no specific process to consider allegations of hearing officer bias. The proposed wording clarifies that allegations will be decided by the City Manager and allows the City Manager to appoint a different hearing officer if they consider the allegations are warranted.
Section 1.13.090 section B: This section contained timelines for scheduling hearings that were confusing and difficult to meet. Therefore, a succinct timeline of 60 days to schedule hearing was added, which simplifies and streamlines the process. Changes were also added to clarify the procedure for continuing the hearing and placing specific rules to determine the number of times that continuances can be requested.
Section 1.13.090 section D, subsection 5: The “Evidence Rules” portion of this chapter listed Government Code 11513, Administrative Law, without providing any additional information. The section was revised to include language from this Government Code section, which describes the informal nature and evidentiary rules that govern the administrative appeal hearing.
Fiscal Impact: N/A
Prior Council Action: N/A
Other: N/A
Alternatives: The City Council may, in lieu of the recommended motion, direct staff to not process any amendments to Visalia Municipal Code Section 1.13.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to introduce the first reading of Ordinance No. 2026-03 amending Visalia Municipal Code Section 1.13 “Administrative Code Enforcement Procedures and Penalties.”
Environmental Assessment Status: The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by staff.
CEQA Review: The requested action would be considered exempt under Section 15031(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) states that projects are exempted from CEQA if the activity is covered by the commonsense exemption, which explains that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Deadline for Action: N/A
Attachments:
1. Ordinance No. 2026-03 - Amending Chapter 1.13 “Administrative Code Enforcement Procedures and Penalties.”
2. City Council PowerPoint Presentation
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply.
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