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.
"Administrative costs"
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.
"Administrative code enforcement remedies"
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.
"Administrative hearing officer"
means any person appointed by the city manager, or his/her designee, to preside at administrative hearings.
"Enforcement officer"
means any city employee or agent of the city with the authority to enforce any provision of this code.
"Person"
means any individual or entity, including but not limited to a corporation, partnership, or trust.
"Responsible party"
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:
1. 
The person or persons who own the property where the violations exist.
2. 
The person or persons in charge of the premises where the violation exists.
3. 
The person or persons occupying or using the premises when the violation exists.
4. 
The parent(s) or guardian(s) of any responsible party who is a minor at the time of the violation.
5. 
The business manager, property manager, or on-site supervisor of the premises or location where any violation exists.
"Municipal code"
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)