The city council has determined that the enforcement of the
municipal code and applicable state codes throughout the city is an
important public service and is vital to the protection of the public's
health, safety and quality of life. The city council has determined
that there is a need for alternative methods of code enforcement and
that a comprehensive code enforcement system uses a combination of
judicial and administrative remedies to gain compliance with code
regulations. The city council finds that there is a need to draft
precise regulations that can be effectively applied in administrative
proceedings.
(Ord. 597 § 1, 2002)
The following definitions shall apply in interpretation and
enforcement of this chapter.
means the administrative citation fines and all costs incurred
by the city from the first discovery of the violations through the
appeal process and until compliance is achieved, including but not
limited to staff time in inspecting the property, sending notices,
preparing and attending any appeal hearing, and fees paid to the administrative
hearing officer.
means notices of violation, administrative citations, administrative
abatement, summary abatement, notice of pendency, or other procedures
to correct violations of the Loma Linda Municipal Code.
means any person appointed by the city manager, or his/her
designee, to preside at administrative hearings.
means any city employee or agent of the city with the authority
to enforce any provision of this code.
means any individual or entity, including but not limited
to a corporation, partnership, or trust.
means any person or persons in charge of the premises or
location, or the person or persons responsible for the event or incident,
and shall include any of the following:
The person or persons who own the property where the violations
exist.
The person or persons in charge of the premises where the violation
exists.
The person or persons occupying or using the premises when the
violation exists.
The parent(s) or guardian(s) of any responsible party who is
a minor at the time of the violation.
The business manager, property manager, or on-site supervisor
of the premises or location where any violation exists.
means the Loma Linda Municipal Code and other uniform codes
as adopted by ordinance as part of the Loma Linda Municipal Code.
(Ord. 597 § 1, 2002)
For the purposes of this chapter, the city manager or his/her
designated enforcement officer shall have the power to issue notices
of violation and administrative citations, inspect public and private
property and use whatever judicial and administrative remedies are
available under the municipal code or state law.
(Ord. 597 § 1, 2002)
Enforcement officers are authorized to enter upon any property
or premises within the city to ascertain whether the provisions of
the municipal code are being obeyed, and to make any examination and
surveys as may be necessary in the performance of their enforcement
duties. These inspections may include the taking of photographs, samples
or other physical evidence. All inspections, entries, examinations
and surveys shall be done in a reasonable manner. If an owner, occupant
or agent refuses permission to enter or inspect, the enforcement officer
may seek an administrative inspection warrant pursuant to the procedures
provided for in California Code of Civil Procedure Section 1822.50
through 1822.59, as may be amended from time to time.
(Ord. 597 § 1, 2002)
For the purposes of this chapter:
A.
The
enforcement officer may record with the county recorder's office
a notice against a property which is the subject of an administrative
enforcement action pending with the city of Loma Linda.
B.
A notice
of pending administrative action shall be on a form approved by the
city manager or his/her designee and shall describe the nature of
the administrative action and refer to the municipal code governing
the pending administrative action.
The procedures established in this chapter shall be in addition
to criminal, civil or other legal remedies established by law which
may be pursued to address violations of this code or applicable state
codes, and the use of this chapter shall be at the sole discretion
of the city.
(Ord. 597 § 1, 2002)
For the purposes of this chapter:
A.
Any
person violating any provision of this code may be issued an administrative
citation by an enforcement officer as provided for in this chapter.
B.
A continuing
violation of the municipal code constitutes a separate and distinct
violation each and every day that said violation exists.
C.
A citation
penalty shall be assessed by means of an administrative citation issued
by the enforcement officer and shall be payable directly to the city
of Loma Linda.
D.
In the
event the enforcement officer determines that a violation constitutes
a continuing violation that pertains to building, plumbing, electrical,
or similar structural or zoning issues which do not create an immediate
danger to health or safety, the person responsible for such continuing
violation shall be given a reasonable period of time, not to exceed
thirty calendar days, to correct or otherwise remedy the violation
prior to the imposition of administrative fines or penalties.
(Ord. 597 § 1, 2002)
A.
Upon
discovering a violation of this code, an enforcement officer may issue
an administrative citation to a responsible party in the manner prescribed
in this chapter.
B.
The
administrative citation can be either issued in person or mailed to
the responsible party by certified mail, return receipt requested.
If a notice that is sent by certified mail is returned unsigned, then
service shall be deemed effective upon the posting of the notice of
citation conspicuously on or in front of the property, mailing of
a copy to the responsible party by regular mail.
C.
The
failure of any person with an interest in the property to receive
the notice of citation shall not affect the validity of any proceedings
taken under this chapter.
(Ord. 597 § 1, 2002)
A.
The
administrative citation shall refer to the date and location of the
violations and the approximate time, if applicable, that the violations
were observed.
B.
The
administrative citation shall refer to the municipal code sections
violated and describe how the sections have been violated.
C.
The
administrative citation shall describe the action required to correct
the violations.
D.
The
administrative citation shall require the responsible party to immediately
correct the violations and shall explain the consequences of failure
to correct the violations.
E.
The
administrative citation shall state the amount of penalty imposed
for the violations.
F.
The
administrative citation shall explain how the penalty shall be paid,
the date by which it shall be paid, and the consequences of failure
to pay the penalty.
G.
The
administrative citation shall identify all appeal rights.
H.
The
administrative citation shall contain the signature of the enforcement
officer.
(Ord. 597 § 1, 2002)
A.
All
penalties assessed shall be payable to the city within thirty days
from the date of the administrative citation.
B.
Any
person who fails to pay to the city any fine imposed pursuant to the
provisions of this chapter on or before the date that the fine is
due shall also be liable for the payment of any applicable late payment
charges set forth in the schedules of fines.
C.
The
city may collect any past due administrative citation fine or late
payment charge by use of any available legal means. The city may recover
its collection costs.
D.
Any administrative citation penalty paid pursuant to subsection (A) shall be refunded in accordance with Section 1.17.150 if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.
E.
Payment
of the penalty shall not excuse the failure to correct the violations
nor shall it bar further enforcement action by the city.
F.
If the
responsible party fails to correct the violation, subsequent administrative
citations may be issued for the same violations. The amount of the
penalty shall increase at a rate specified by resolution of the city
council.
(Ord. 597 § 1, 2002)
The failure of any person to pay the penalties assessed by an
administrative citation within the time specified on the citation
may result in the city referring the time to a private collection
agency, filing a claim with the small claims court, attaching the
fine as a special assessment against the property on which the violation
occurred, or any other legal means necessary to collect the fines.
(Ord. 597 § 1, 2002)
A.
Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the city within fifteen days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for advance deposit hardship waiver has been filed pursuant to subsection (E) of this section.
B.
A request
for hearing form may be obtained from the public safety department.
C.
The
person requesting the hearing shall be notified of the time and place
set for the hearing at least ten days prior to the date of the hearing.
D.
If the
enforcement officer submits an additional written report concerning
the administrative citation to the administrative hearing officer
at the hearing, then a copy of that report shall also be served on
the person requesting the hearing at least five days prior to the
date of the hearing.
E.
Advance
deposit hardship waiver.
1.
Any
person who intends to request a hearing to contest that there was
a violation of the code or that he or she is the responsible party,
and who is financially unable to make the advance deposit of the fine
as required, may file a request for an advance deposit hardship waiver.
2.
The
request shall be filed on an advance deposit hardship waiver application
form available from the public safety department, within ten days
of the date of the administrative citation.
3.
The
requirement of depositing the full amount of the time as required
shall be stayed unless or until the public safety department designee
makes a determination not to issue the advance deposit hardship waiver.
4.
The
public safety department designee may waive the requirement of an
advance deposit and issue the advance deposit hardship waiver only
if the cited party submits the public safety sworn affidavit together
with any supporting documents or materials demonstrating to the satisfaction
of the public safety department the person's actual financial
inability to deposit with the city the full amount of the fine in
advance of the hearing.
5.
If
the public safety department determines not to issue an advance deposit
hardship waiver, the person shall remit the deposit to the city within
ten days of the date of that decision.
6.
The
public safety department shall issue a written determination listing
the reasons for the determination to issue or not issue the advance
deposit hardship waiver. The written determination shall be final.
7.
The
written determination of the public safety department shall be served
by mail to the person who applied for the advance deposit hardship
waiver.
F.
Hearing
procedure.
1.
No
hearing to contest an administrative citation before an administrative
hearing officer shall be held unless the time has been deposited in
advance or an advance deposit hardship waiver has been issued.
2.
A
hearing before the administrative hearing officer shall be set for
a date that is not less than fifteen and not more than sixty days
from the date that the request for hearing is filed.
3.
At
the hearing, the party contesting the administrative citation shall
be given the opportunity to testify and to present evidence concerning
the administrative citation.
4.
The
failure of any recipient of an administrative citation to appear at
the hearing shall constitute both forfeiture of the time and waiver
of all rights of appeal. If the fine was not placed on deposit prior
to the hearing the entire amount of the fine shall be immediately
due and payable to the city.
5.
The
administrative citation and any additional report submitted by the
enforcement officer shall constitute prima facie evidence of the respective
facts contained in those documents.
6.
The
administrative hearing officer may continue the hearing and request
additional information from the enforcement officer or the recipient
of the administrative citation prior to issuing written decision.
G.
Hearing
Officer's Decision.
1.
After
considering all of the testimony and evidence submitted at the hearing,
the administrative hearing officer shall issue a written decision
to uphold, modify, or cancel the administrative citation and shall
list in the decision the reasons for that decision. The decision of
the administrative hearing officer shall be final.
2.
Written
notice of the time and place of the hearing shall be served by mail
at least ten calendar days prior to the date of the hearing on the
responsible party.
3.
If
the administrative hearing officer determines that the administrative
citation should be upheld, then the fine amount on deposit with the
city shall be retained by the city.
4.
If
the administrative hearing officer determines that the administrative
citation should be upheld and the fine has not been deposited pursuant
to an advance deposit hardship waiver, the administrative hearing
officer shall set forth in the decision a payment deadline or schedule
for paying the fine.
5.
If
the administrative hearing officer determines that the administrative
citation should be canceled and the fine was deposited with the city,
then the city shall promptly refund the amount of the deposited fine.
6.
The
recipient of the administrative citation shall be served by mail with
a copy of the administrative hearing officer's written decision.
7.
The
employment, performance evaluation, compensation and benefits of the
administrative hearing officer shall not be directly or indirectly
conditioned upon the amount of the administrative citation fines upheld
by the administrative hearing officer.
H.
Right
to Judicial Review. Any person aggrieved by a decision of an administrative
hearing officer on an administrative citation may obtain review of
the administrative decision by filing a petition for review with the
Superior Court of San Bernardino County in accordance with the timelines
and provisions set forth in California Government Code Section 53069.4.
(Ord. 597 § 1, 2002)
A.
The
administrative hearing officer may continue a hearing based on good
cause shown by one of the parties to the hearing or if the administrative
hearing officer independently determines that due process has not
been adequately afforded.
B.
The
administrative hearing officer has continuing jurisdiction over the
subject matter of an administrative enforcement hearing for the purposes
of granting a continuance, ensuring compliance with an administrative
enforcement order, modifying an administrative enforcement order,
or where extraordinary circumstances exist granting a new hearing.
(Ord. 597 § 1, 2002)
