[§ 1, Ord. 1135-14, eff. January 1, 2015]
The City Council hereby finds that there is a need for an alternative method of code enforcement to the traditional civil, criminal or administrative abatement actions to effect compliance with certain provisions of the Avalon Municipal Code, its adopted codes and applicable State codes.
The procedures established in this chapter shall be in addition to criminal, civil or administrative abatement or any other legal remedy established by law, which may be pursued to address violations of the Avalon Municipal Code, its resolutions and adopted codes or applicable State codes, at the sole discretion of the City.
[§ 1, Ord. 1135-14, eff. January 1, 2015]
(a) 
ADMINISTRATIVE CITATION – Shall mean an administrative citation issued pursuant to this section to remedy a violation.
(b) 
CITY MANAGER – Shall mean the City Manager or his or her designee.
(c) 
CODE – Shall mean the Avalon Municipal Code, resolutions and any code adopted by reference.
(d) 
DAY – Shall mean a calendar day.
(e) 
ENFORCEMENT OFFICER – Shall mean any peace officer, code enforcement officer or any other employee or agent of the City designated by the City Manager to enforce any provision of this Code.
(f) 
NON-EMERGENCY HEALTH OR SAFETY VIOLATION – Shall mean a continuing violation of any building, plumbing, electrical or other similar structural or zoning ordinance which does not create an immediate danger to health or safety.
(g) 
RESPONSIBLE PERSON – Shall mean a person who causes a Code violation to occur, or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee, or independent contractor causes a violation to occur, or allows a violation to exist or continue. For the purposes of this chapter, there may be more than one responsible person for a violation.
[§ 1, Ord. 1135-14, eff. January 1, 2015]
(a) 
Any responsible person violating any provision of the Avalon Municipal Code, its adopted codes, its regulations or any applicable State code, may be issued an Administrative Citation by an Enforcement Officer as provided in this chapter. A violation of this Code includes, but is not limited to, all violations of the Avalon Municipal Code, the Uniform Codes adopted by the City Council, failing to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this Code.
(b) 
Each and every day a violation of the Code, adopted code or applicable State code exists, constitutes a separate and distinct offense.
(c) 
A civil fine shall be assessed by means of an Administrative Citation issued by an Enforcement Officer and shall be payable directly to the City of Avalon.
(d) 
Fines shall be assessed in the amounts specified by the Avalon Municipal Code, Resolutions of the City Council, or where no amount is specifically identified in the Avalon Municipal Code or Resolution, the fines are as follows:
(1) 
A fine not exceeding $100 for a first violation;
(2) 
A fine not exceeding $200 for a second violation of the same provision or permit within one year from the date of the first violation;
(3) 
A fine not exceeding $500 for each additional violation of the same ordinance or permit within one year from the date of the first violation.
(e) 
Each Administrative Citation shall contain the following information:
(1) 
The name of the person charged with any violation of the Code.
(2) 
The date or dates on which the person violated the Code.
(3) 
The section or sections of the Code so violated.
(4) 
The location where the violation occurred.
(5) 
The amount of the fine imposed or to be imposed for each violation of the Code.
(6) 
In the case of a non-emergency health or safety violation, the amount of time the person charged with the violation of the Code has to correct or otherwise remedy the violation prior to the fine becoming effective.
(7) 
A notice of the procedure to request an administrative hearing to contest the citation.
(8) 
The amount of the proposed fine for each violation listed in the citation.
(9) 
The name and signature of the person who issued the citation.
(10) 
The date the citation is issued.
(11) 
Any other information deemed necessary by the City Manager or Enforcement Officer for enforcement or collection purposes.
(f) 
If the violation of the Code is for a non-emergency health or safety violation, a reasonable period of time of at least 30 days shall be provided in writing to the person responsible for the non-emergency health or safety violation to correct or otherwise remedy the violation prior to the imposition of a civil fine. If the violation is not corrected by the time noted in the notice, the civil fine shall immediately become due and payable.
[§ 1, Ord. 1135-14, eff. January 1, 2015]
(a) 
Payment of a civil fine assessed for a violation of this chapter shall be due within 21 days from the date of issuance of the citation and shall be in the form of check or money order made payable to the City of Avalon. The citation number shall be designated on the check or money order.
(1) 
Unless the citation requires personal delivery of civil fine payment pursuant to § 1-9.04(a)(2) below, payment shall be mailed to: City of Avalon Finance Department, 410 Avalon Canyon Road, P.O. Box 707, Avalon, California, 90704.
(2) 
Where a citation expressly requires personal delivery of civil fine payment, payment shall be personally delivered by the responsible person to: City Hall, 410 Avalon Canyon Road, Avalon, California, 90704.
(b) 
Payment of any fine or fines shall not excuse the responsible person from complying with the provision of the Code so violated. The issuance of a citation or payment of any fine, or both, shall not bar the City from instituting any other enforcement action or remedy to obtain compliance with the provisions of the Code so violated, including the issuance of additional citations.
[§ 1, Ord. 1135-14, eff. January 1, 2015]
(a) 
The failure of any person to pay the civil fines assessed by an Administrative Citation within the time specified may result in the matter being referred to the City Attorney to file a claim and/or initiate collection efforts pursuant to § 1-2.07.
(b) 
Any person who fails to pay to the City any fine imposed pursuant to this chapter on or before the date that fine is due also shall be liable for the payment of a late payment charge in the amount of $25 plus interest at the maximum rate permitted by law.
[§ 1, Ord. 1135-14, eff. January 1, 2015]
(a) 
The recipient of a citation issued pursuant to this section may contest the citation. A notice of appeal and request for hearing contesting an Administrative Citation issued for a violation of this chapter shall be accompanied by any non-refundable administrative fee as established by the City, an advance deposit of the total amount of the fine, which shall be refunded if it is determined, after a hearing, that the person charged in the Administrative Citation was not responsible for the violation(s) or that there was no violation(s) as charged in the citation.
(b) 
The City Manager shall designate the hearing officer for the Administrative Citation hearing. The hearing officer shall not be a City employee.
(c) 
The hearing before the hearing officer shall be set for a date that is not less than 15 and not more than 60 calendar days from the date that the notice of appeal is filed in accordance with the provisions of this chapter. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 calendar days prior to the date of the hearing.
(d) 
At least 10 days prior to the date of the hearing, the recipient of an Administrative Citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the Enforcement Officer. No other discovery is permitted. Formal rules of evidence shall not apply.
(e) 
The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the party contesting the Administrative Citation has caused, maintained or allowed the violation(s) of the Municipal Code, adopted code, regulation or other applicable State code on the date(s) specified in the Administrative Citation.
(f) 
The Administrative Citation and any additional documents submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.
(g) 
The person contesting the Administrative Citation shall be given the opportunity to testify and present witnesses and evidence concerning the Administrative Citation.
(h) 
The unexcused failure of any recipient of an Administrative Citation to appear at the Administrative Citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.
(i) 
The hearing officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the Administrative Citation prior to issuing a written decision.
(j) 
The hearing officer is not required to provide transcriptions of hearings, but is required to make available tapes of hearings for a fee.
(k) 
After considering all the evidence and testimony submitted at the hearing, the hearing officer shall issue his or her written decision on the contested Administrative Citation within 10 business days. The decision of the hearing officer shall either uphold or deny the Administrative Citation or any portion thereof, and state the facts and reasons supporting the decision. If the Administrative Citation is upheld, the hearing officer shall also order the imposition of a fine in the amount stated in the citation, as well as any attorneys' fees and costs the City has incurred in enforcing the Code, which shall be paid within 25 days from receipt of the decision. If the Administrative Citation is denied, the hearing officer shall order the return of the deposited fine, which return shall occur within 60 days following the written order of the hearing officer. The written decision shall be filed with the City Clerk and a copy thereof shall be mailed to the recipient of the citation.
(l) 
All decisions and orders of a hearing officer shall become final unless appealed by the requesting party as provided herein.
[§ 1, Ord. 1135-14, eff. January 1, 2015]
Any person aggrieved by an administrative decision of a hearing officer on an Administrative Citation may obtain review of the administrative decision by filing an appeal with the Superior Court in accordance with the timelines and provisions as set forth in California Government Code § 53069.4.