This Code shall be known as the "Costa Mesa Municipal Code," and it shall be sufficient to refer to said Code as the "Costa Mesa Municipal Code" in any prosecution for the violation of any provisions hereof. It shall also be sufficient to designate any ordinance adding to, amending or repealing said Code, or portions thereof, as an addition to, or amendment to, or a repeal of, the "Costa Mesa Municipal Code," or a portion thereof.
(Code 1960, § 1101)
This Code shall take effect upon the effective date of the ordinance of the city whereby this Code is adopted by reference.
(Code 1960, § 1103)
Neither the adoption of this Code nor the repeal hereby of any ordinances shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty at said effective date due and unpaid under such ordinance, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or the penal provisions applicable to any violations thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder obtaining shall continue in full force and effect. The provisions of this Code, insofar as they are substantially the same as ordinance provisions previously adopted by the city relating to the same subject matter shall be construed as continuations and not as new enactments.
(Code 1950, § 1104)
Title, chapter, article and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter, article or section hereof; provided, however, that in the case of the zoning ordinance, being Title 12, Chapter II hereof, title, chapter and section headings shall be considered part of the substance of said ordinance.
(Code 1960, § 1106)
The provisions of this Code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within this Code, but such reference shall be construed to apply to the corresponding provisions contained within the Code.
(Code 1960, § 1107)
This Code shall refer only to the omission or commission of acts within the territorial limits of the city and to that territory outside the city over which the city has jurisdiction or control by virtue of the constitution, or any law, or by reason of ownership or control of property.
(Code 1960, § 1108)
Whenever a power is granted to or a duty imposed upon a city officer by this Code, any other ordinance, resolution, policy or contract of the city, and irrespective of whether such city officer serves as an employee of the city or is appointed by virtue of a professional services contract, the powers and duties of such officer may be exercised or the duty performed by an assistant or a deputy of the officer or by a person authorized pursuant to law by the officer, whether such assistant or deputy or person be an employee of the city or be retained by virtue of a professional services contract, unless this Code or the ordinance, resolution, policy or contract expressly provides otherwise.
(Code 1960, § 2108; Ord. No. 08-8, § 1, 1-6-09)
For the purposes of this Code, all words not herein defined shall have the meanings determined by the laws of this state and the decisions of the courts of this state.
The words "the city" or "this city" shall mean the City of Costa Mesa, California. The words "in the city" shall mean and include all territory over which the city now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.
As used in this Code, the term "delinquent civil debt" shall mean any fee, fine, license fee, tax, or other amount due to the city pursuant to the provisions of this Code that remains unpaid for a period of 90 days past its due date.
(Ord. No. 19-16, § 3, 9-17-19)
The use of the title of any officer, employee, office, commission, department or board in this Code shall mean such officer, employee, office, commission, department or board of the City of Costa Mesa.
As used in this Code, the term "operate" includes engage in, carry on, keep, conduct, maintain or cause to be carried on, kept, conducted or maintained.
As used in this Code, the term" owner" applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant of the whole or part of such building or land.
As used in this Code, the term "person," except as otherwise provided herein, shall mean any natural person, firm, corporation, copartnership, club, or any association or combination of natural persons, whether acting by themselves or through any servant, agent or employee.
"Public area" means and includes, but is not limited to, any street, alley, park, public right-of-way, recreational area or other place to which the public has access.
(Ord. No. 13-2, § 1, 4-2-13)
As used in this Code, "sale" includes any sale, exchange, barter or offer for sale, or any consignment for these purposes.
As used in this Code, the present tense includes the past and future tenses, and the future includes the present.
As used in this Code, the term "year" shall mean the fiscal year unless the calendar year is specifically designated.
To coordinate all related provisions of the law, initiative ordinances are inserted in this Code and given section numbers. In each such case, the character of the ordinance as an initiative ordinance is noted. This coordination of initiative ordinances within the Code does not alter their classification as such.
(Code 1960, § 1109)
(a) 
In accordance with the provisions of section 50022.6 of the Government Code, not less than three copies of the Code shall be filed for use and examination by the public in the office of the city clerk. At least three copies, duly certified to by the city clerk, shall be maintained on file in his office. Additional copies shall be prepared in loose-leaf form and shall be mounted to withstand heavy usage in such binders as the city council may prescribe. Copies thereof shall be distributed to the departments and divisions of the city as shall be prescribed by the city council. Copies shall be furnished without cost to the municipal court, the county law library and each branch of the city library. Said free copies shall also be kept up-to-date without cost.
(b) 
Except as provided in this section, the cost of copies of this Code shall be as prescribed by the city council.
(Code 1960, § 1110)
Upon the adoption of any amendment or addition to said Code, or upon the repeal of any of its provisions, the city clerk shall certify thereto and shall make an appropriate notation in the volumes of said Code of the taking of such action, noting therein the number of the ordinance pursuant to which such action is taken. Duly certified copies of every ordinance making changes in such Code shall be filed in the office of the city clerk in books for such purpose, duly indexed for ready reference.
(Code 1960, § 1111)
(a) 
The city clerk shall prepare copies of such changes in the Code for insertion in the loose-leaf copies thereof and for the distribution in accordance with the instructions of the city council. Every section of the Code so changed shall bear thereon a notation of the ordinance in pursuance to which such change is adopted.
(b) 
At least twice yearly the city clerk shall cause the loose-leaf pages of said Code in which changes have been made to be revised, including the notation as to the ordinance number pursuant to which such change was adopted, in order that at least twice yearly the loose-leaf copies of such Code prepared for the use and convenience of the officers and employees of the city and the general public may be brought up-to-date.
(c) 
The cost of copies of supplements to this Code shall be as prescribed by the council, except that copies furnished initially without charge shall be supplemented without charge.
(Code 1960, § 1112)
The adoption of any amendment of this Code or the repeal of any section hereof shall not affect prosecution for violation of said amended or repealed section which violation occurred prior to the effective date of the amendment or repeal, and all rights and obligations hereunder pertaining thereto shall remain in full force and effect, including accrued license, penalty or penal provisions applicable to any violation thereof, and the validity of any bond, or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any such section shall not be affected.
(Code 1960, § 1113)
It is hereby declared to be the intention of the city council that the sections, paragraphs, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
(Code 1960, § 1114)
The city council of the City of Costa Mesa intends to secure compliance with the provisions of this Code. To the extent that such compliance may be achieved by less drastic methods of enforcement the following alternate, separate and distinct methods may be utilized. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violations exist constitutes a separate offense.
Notwithstanding any other provision in this Code, each violation of the provisions of this Code may be enforced alternatively as follows:
(a) 
Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or designated nonsafety employees, who shall be designated by separate resolution pursuant to the provisions of California Penal Code section 836.5. Any person convicted of an infraction under the provisions of this Code shall be punishable either by fines as is specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Municipal Courts, or where no fine is specified therein by:
(1) 
A fine not exceeding $100 for a first violation;
(2) 
A fine not exceeding $200 for a second violation of the same ordinance within one year;
(3) 
A fine not exceeding $500 for each additional violation of the same ordinance within one year.
(b) 
Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by designated nonsafety employees, who shall be designated by separate resolution pursuant to the provisions of California Penal Code section 836.5. Any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine not exceeding $1,000 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.
(c) 
Civil action. The city attorney, by and at the request of the city council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Code, as provided by law.
(d) 
Administrative hearing. Upon a finding by the city official invested with the authority to enforce the various provisions of this Code that a violation exists, he may notify the owner(s), occupant(s) or person(s) deemed responsible for said violation(s) that a public hearing shall be held before the city council to hear and determine the existence of said violation(s) and the anticipated compliance necessary, i.e. abatement or other action required. Said notification shall be in writing setting forth the alleged violation(s) and the anticipated action sought, and shall be given not later than 10 days prior to the scheduled date of the hearing. Said hearing shall be conducted in accordance with the city council's rules for the conduct of an administrative hearing. The decision of said hearing shall be enforceable as provided by law.
(e) 
Civil fines. Civil fines may be imposed pursuant to Chapter II of this title.
(f) 
Any fee, fine, license fee, tax, or other amount due to the city pursuant to this Code remaining unpaid on the day after the stated due date shall be subject to a late penalty and interest in the amounts established by city council resolution. Such penalty and interest shall not apply to amounts due to the city for which this Code expressly designates a specific penalty and/or interest amount.
(g) 
The city may submit a delinquent civil debt to a collection agency that is under contract with the city for such collection service.
(h) 
Any responsible person who has a delinquent civil debt shall be liable for all costs incurred to obtain payment of the delinquent civil debt, including, but not limited to, administrative costs, collection fees and costs, and attorneys' fees. Collection fees and costs shall be in addition to any penalties, interest, and late charges imposed on the delinquent civil debt and may be imposed directly by the collection agency under contract with the city for collection services.
(Code 1960, § 1115; Ord. No. 79-3, § 2, 4-2-79; Ord. No. 85-26, § 2, 10-21-85; Ord. No. 97-27, § 2, 9-2-97; Ord. No. 19-16, § 4, 9-17-19)
Pursuant to provisions of California Government Code section 36900 and California Penal Code section 836.5 certain designated nonsafety officials are hereby authorized to issue citations for violations of the provisions of this Code and any city ordinance (either as a misdemeanor or infraction) that said officials have the duty to enforce. Said authority is not extended to include all the duties and responsibilities of a peace officer, but is limited as provided herein. The designation of said nonsafety employees shall be made by a duly adopted separate resolution for the city council. The peace officer employees of the city are hereby authorized to issue infraction citations for violations of this Code and any city ordinance as an alternative to their existing authority to issue and arrest for misdemeanors.
(Ord. No. 79-3, § 2, 4-2-79; Ord. No. 21-02, § 1, 1-19-21)
(a) 
This chapter makes any violation of the provisions of this Code, which for purposes of this chapter, is defined in section 1-35(c) of this chapter, subject to civil fines.
(b) 
This chapter establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines pursuant to Government Code section 53069.4 and the city's general police power.
(c) 
The issuance of a civil citation under this chapter is solely at the city's discretion and is one option the city has to address violations of this Code. By adopting this chapter, the city does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations that the city may select in a particular case.
(d) 
The purpose of issuing civil citations pursuant to this chapter is to encourage voluntary and complete compliance with the provisions of this Code and to eliminate nuisances for the protection and benefit of the entire community.
(e) 
Notwithstanding any lease, license or any other instrument or agreement, the owner of any real property has the right to enter upon his or her own property to the extent reasonably necessary to abate any nuisance or correct any violation of this Code existing thereon. The provisions of this subsection shall be an implied term of any instrument affecting the right to possession of real property located in the City of Costa Mesa.
(f) 
Because of the serious blighting conditions that can result affecting the residents' health and safety, this chapter is intended to impose strict civil liability upon the owners of real property for all building, housing, fire, health, land use, and abandoned vehicle code and zoning violations that occur upon the subject premises.
(Ord. No. 00-12, § 1, 7-16-00; Ord. No. 21-02, § 2, 1-19-21)
The following definitions apply to the use of these terms for the purposes of this chapter:
Citation
shall mean civil citation issued pursuant to this chapter stating there has been a violation of this Code. Citation includes a notice of noncorrection unless the context clearly shows otherwise.
Citee
shall mean person given a civil citation charging him or her as a responsible person for a Code violation.
Code or This Code
shall mean and include the Costa Mesa Municipal Code as amended and any adopted ordinance of the city, whether codified or uncodified, including but not limited to an ordinance adopted pursuant to Government Code Section 65858.
Code enforcement officer
shall mean any city employee or agent of the city designated by the city council pursuant to section 1-33.1 to have the authority and responsibility to enforce certain provisions of this Code or any other ordinance.
Correctible building violation
shall mean any violation of this Code pertaining to building, housing, plumbing, electrical, or other similar structural or zoning regulations, including regulations set forth in Title 5 of this Code, that does not create an immediate danger to health or safety, as defined in subsection (j), "immediate danger violation."
Correction period
shall mean the period of time allowed for a citee to correct a correctible building violation shown on a civil citation.
Department
shall mean the Economic and Development Services Department of the City of Costa Mesa.
Director
shall mean the director of the department or designee.
Hearing officer
shall mean the person appointed by the city manager to serve as the hearing officer for administrative reviews. Prior to conducting hearings the hearing officer must first be certified by the city attorney as qualified to provide a fair and impartial hearing based on appropriate education, training and experience.
Immediate danger violation
shall mean a building or other ordinance violation which does create an immediate danger to health and safety, such as a violation of an urgency measure adopted pursuant to Government Code section 65858 (moratorium), and ordinances which: (1) strictly prohibit a particular use in any zone of the city; or (2) strictly prohibit any use in a particular zone of the city; or (3) which strictly prohibit any use in any residential zone without an MCUP, a CUP, or other land use or regulatory permit required by city ordinance; or (4) require a specific regulatory permit to be located in a particular location within a nonresidential zone, such as a marijuana business permitted by city ordinance, a residential or transient use intended for short-term (less than 30 day) occupancy, a massage establishment, or other use as may be established by city ordinance, except as specifically provided in the relevant ordinance or other applicable law.
Issued
shall mean giving a citation to the citee and issuance occurs on the date when a citation is personally served on the citee, the date it is mailed to the citee, or the date it is posted on real property where a property related violation exists.
Notice of decision
shall mean a form prepared by the city used to inform a citee of the decision made regarding various provisions of this chapter.
Notice of noncorrection
shall mean a notice contained in the second citation issued for a correctible building violation which notes the violation on the prior citation has not been corrected within the applicable correction period.
Responsible person
shall mean any of the following:
(1) 
A person who causes a code violation to occur.
(2) 
A person who maintains or allows a code violation to continue, by his or her action or failure to act.
(3) 
A person whose agent, employee, or independent contractor causes a code violation by its action or failure to act.
(4) 
A person who is the owner of, or the lessee or sublessee with a current right of possession of, real property where a property related code violation occurs.
(5) 
A person who is the onsite manager of a business who normally works daily at the site when the business is open and is responsible for the activities at such premises.
(6) 
A person who is the beneficiary under a deed of trust for the property where a property related violation exists and that person has not corrected the violation within 30 days after being notified by the city in writing of the violation and the fact that the trustee under the deed of trust is no longer living on the property and his or her whereabouts is unknown.
For purposes of this subdivision "person" includes a natural person or legal entity, and the owners, corporate officers, trustees, and general partners of a legal entity. There shall be a legal rebuttable presumption that the record owner of a parcel according to the County of Orange's latest equalized property tax assessment rolls and a lessee or sublessee of a parcel has notice of any Code violation existing on the premises. For the purposes of this chapter, there may be more than one responsible person for a violation, and a minor at least 14 years of age may be a responsible person subject to the provisions of this chapter for a violation personally committed by the minor.
(Ord. No. 00-12, § 1, 7-16-00; Ord. No. 21-02, § 3, 1-19-21)
(a) 
Any city code enforcement officer upon determining that a provision of this Code, which he or she is charged to enforce, has been violated has the authority to issue a civil citation to any responsible person or persons. A code enforcement officer may issue a citation for a violation not committed in the officer's presence if the officer has determined through investigation that the responsible person cited committed or is responsible for the violation. A responsible person to whom a citation is issued shall be liable for and shall pay to the city the fine or fines described in the citation when due pursuant to the provisions of this chapter.
(b) 
Every person who applies for and receives a permit, license, or any type of land use approval (e.g., subdivision maps, conditional use permits, variances), shall comply with all conditions imposed upon the issuance of the permit, license or other approval. If a person violates any condition of such permit, license or approval, he or she may be issued a civil citation and be liable for civil fines under the provisions of this chapter.
(c) 
Each day a violation of this Code exists shall be a separate violation and be subject to a separate fine. A citation may charge a violation for one or more days on which a violation exists, and for violation of one or more Code sections.
(d) 
The city may take into consideration the fact that a person has been issued citations when the city is determining whether to grant, modify, suspend, revoke, or deny any permit, license, any type of land use approval regarding that person, or any monetary grant or other authorization, and such citations are evidence that the person has committed acts that are not compatible with the health, safety and general welfare of other persons and businesses in the vicinity.
(Ord. No. 00-12, § 1, 7-16-00; Ord. No. 21-02, § 4, 1-19-21)
(a) 
When a citation is issued for a correctible building violation, a correction period of at least 15 days but no more than 30 days shall be allowed for the correction of the violation and the citee shall correct the violation within that period. Notwithstanding section 1-36, no responsible person for a correctible building violation shall be liable for a civil fine unless the violation continues after the period allowed for its correction, plus any extension pursuant to subdivision (b), and he or she is issued a second citation containing a notice of noncorrection.
(b) 
The citee of a correctible building violation may request an extension of the correction period provided that a request is filed with the director before the correction period ends. The director may, in his or her discretion, grant a reasonable extension of the period of time to correct the violation if the citee has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period. The filing for such an extension does not, unless granted, extend the correction period or any other time periods set by this chapter.
(c) 
If a correctible building violation has not been corrected by the end of the correction period, the code enforcement officer has authority to issue to the responsible person a second citation containing a notice of noncorrection. The citee to whom the notice of noncorrection is issued shall be liable for and shall pay to the city the fine or fines described in the citation which fine shall be due on the date this second citation is issued. Additional citations may be issued and fines imposed for every day the violation continues uncorrected from the date the second citation is issued.
(d) 
No correction period need be provided for immediate danger violation prior to issuing citation(s) for fines payable to the city.
(Ord. No. 00-12, § 1, 7-16-00; Ord. No. 21-02, § 5, 1-19-21)
(a) 
Each citation shall contain the following information:
(1) 
Name of the responsible person for the violation of this Code.
(2) 
Date on which the Code violation occurred.
(3) 
The Code section or ordinance violated.
(4) 
Address where the Code violation occurred.
(5) 
Description of the violation.
(6) 
Amount of the fine for the violation and procedure to pay the fine and avoid a late payment penalty.
(7) 
Designation of the correctible building violation (if applicable), date the correction period expires, and how to request an extension of that period, and designation of a notice of noncorrection when the correctible building violation has not been corrected.
(8) 
Designation of prior citations issued for the same Code violations, if known by the code enforcement officer.
(9) 
Description of the procedure for requesting a waiver of fine deposit and/or an administrative review to contest a citation.
(10) 
Designation of an assigned hearing date, time and location to be used if the citee files a request for waiver of the fine deposit and/or an administrative review.
(11) 
A notice that the Code violation is a nuisance and the process for the collection of unpaid fines and/or nuisance abatement costs as more specifically set forth in section 1-48.
(12) 
Signature of the code enforcement officer issuing the citation.
(13) 
Date the citation is issued.
(14) 
A self-addressed envelope in which the citee can send to the city the fine or a request for a waiver of fine deposit and/or an administrative review.
(15) 
Any other information deemed necessary by the city for enforcement or collection purposes.
(Ord. No. 00-12, § 1, 7-16-00; Ord. No. 21-02, § 6, 1-19-21)
A civil citation may be served as follows:
(a) 
A code enforcement officer may personally serve the citation on the citee. The citee shall sign a copy of the citation showing his or her receipt of the citation.
(b) 
A code enforcement officer may mail the citation by first class mail, if the citee is not present for personal service when the officer determines there has been a violation. The citation shall be mailed to the citee's address shown on the county's last equalized property tax assessment rolls for a property related violation, or to any address known for the citee for all other violations.
(c) 
A code enforcement officer may post a copy of the citation on the property in a conspicuous place for a property related violation when the citee resides at an unknown address other than where the violation occurs. A copy of the citation will also be mailed to the citee at the property address.
(Ord. No. 00-12, § 1, 7-16-00)
(a) 
The amount of the fines for violating particular provisions of this Code shall be set in a schedule of fines adopted by resolution by the city council. The schedule may include escalating fine amounts for repeat Code violations occurring within specified periods of time.
(b) 
The schedule of fines may also specify the amount of interest and late payment penalty owed for any fine not paid when due. A late payment penalty and interest shall be imposed for fines not paid within 30 days of their due date.
(c) 
Fines are due on the day the citation is issued, except (i) fines for building violations shall be due on the day the second citation containing the notice of noncorrection is issued and (ii) when a fine deposit has been waived pursuant to section 1-44 and the hearing officer upholds the citation the fine shall be due on the date the decision is made and the notice of decision given to the citee at the end of the hearing by the hearing officer, or the date the notice of decision is mailed to the citee.
(Ord. No. 97-27, § 3, 9-2-97; Ord. No. 00-12, § 1, 7-16-00)
(a) 
A civil fine shall be paid to the city finance department within 30 days of its due date.
(b) 
Payment of a fine shall not excuse the citee from correcting the Code violation. The issuance of a citation and/or payment of a fine does not bar the city from taking any other enforcement action regarding a Code violation that is not corrected, including issuing additional civil citations, and/or filing criminal complaints.
(Ord. No. 97-27, § 3, 9-2-97; Ord. No. 00-12, § 1, 7-16-00)
(a) 
A person given a civil citation may request a preliminary review, if the request is received by the department within 14 days of the date the citation is issued, except a citation containing a notice of non-correction of a building violation shall not be subject to a request for preliminary review.
(b) 
To obtain a preliminary review, the citee shall appear at the public service counter of the department at City Hall and bring a copy of the citation and file a signed written request stating the reasons why and any evidence showing no violation occurred or why he or she is not a responsible person for the violation. All filed requests shall be date stamped upon receipt by the department.
(c) 
The preliminary review shall be conducted by a city employee designated by the director. The reviewer shall not be the Code enforcement officer who issued the citation. The purpose of the review is to uncover and cancel any mistakenly issued citations due to errors that are easily verifiable, and not to resolve factual disputes concerning the violation that is the subject of the citation.
(d) 
The preliminary review may be decided on the same day filed by the citee and shall consist of a review of the citation and the written statement and any other evidence submitted at the time of the request by the citee and, at the discretion of the reviewer, any other related information. The review shall be decided whenever reasonably possible at the time the request is received or otherwise within three business days of receipt of the request.
(e) 
The citee shall be notified of the results of the review by being given a notice of decision. The notice may be made by mail, facsimile, or in person. The department shall keep a record of all preliminary review requests, decisions, and notices for a two year period.
(f) 
A request for preliminary review does not extend any time periods for compliance, including the fine due date, the time any correction period ends, and the time to request an administrative review.
(g) 
If the conclusion of the preliminary review is that no Code violation occurred or that the citee was not responsible for the violation, the citation shall be canceled.
(Ord. No. 97-27, § 3, 9-2-97; Ord. No. 00-12, § 1, 7-16-00)
(a) 
Any person receiving a civil citation may contest it by filing a request for an administrative review, except that a review of a correctible building violation may not be requested unless and until a second citation containing a notice of noncorrection is issued. To obtain an administrative review, the citee shall file a signed written request form contained on the reverse side of the citation and indicate the grounds for contesting the citation and fine. A citee may contest the citation by denying that a violation occurred, by denying that it was not corrected within the correction period, if applicable, or by denying that the citee is a responsible person for the violation.
(b) 
To be effective and complete, the request must be received by the city within 30 days of the date the citation was issued, and be accompanied by a deposit of the full amount of the fine. The request will not be accepted for filing if not accompanied by the fine deposit unless the citee also requests a waiver of the fine deposit pursuant to section 1-44. Where a request and fine deposit are mailed by the citee, the request and fine deposit shall be deemed filed on the date received by the city. All requests shall be date stamped upon receipt by the city. The director is authorized to designate the location within the city where the fines and deposits must be delivered to the city to satisfy this subdivision.
(c) 
The person requesting the administrative review shall appear at the hearing on the date, time and place specified on the citation. Failure to personally attend the hearing will be considered a nonappearance. Non-appearance by the citee shall constitute an abandonment of the request unless the hearing was continued pursuant to section 1-45(f).
(Ord. No. 00-12, § 1, 7-16-00; Ord. No. 21-02, § 7, 1-19-21)
(a) 
A person filing a request for an administrative review may also request at the same time a hardship waiver of the fine deposit. To seek such a waiver and obtain a separate hearing on the request, the citee shall file with the city the signed written request form contained on the reverse side of the citation, check the box indicating this request, and attach a statement on the grounds for the request. The procedure governing the filing of such requests shall be the same as provided in section 1-43(b).
(b) 
The person requesting the waiver bears the burden of establishing by substantial evidence that he or she does not have the financial ability to make the deposit of the fine. The citee shall personally appear at the hearing on the request and non-appearance shall constitute an abandonment of the request unless excused pursuant to section 1-45(f).
(c) 
The request for a waiver of the fine deposit will be heard by the hearing officer at the administrative review at the date, time and place specified on the notice of administrative review. At the conclusion of the hearing on the waiver request, or within three business days after the waiver request hearing, at the hearing officer's discretion, the hearing officer shall issue a decision that the fine deposit is or is not waived. The hearing officer shall then insert on the notice of decision form relating to the waiver request the new date set for the administrative review, which shall be within 45 days of the date on the notice of decision. A copy of the notice of decision shall be delivered to the citee at the end of the hearing on the waiver request, or shall be sent via U.S. Mail within three business days following the conclusion of the hearing on the waiver request.
(d) 
If the hardship waiver is denied, the hearing officer shall provide the citee a self-addressed envelope to use in making the fine deposit. The citee shall mail the deposit in the envelope provided so that it is postmarked at least three business days before the date designated on the notice of decision for the administrative review. The director is authorized to designate the address to which the deposit is to be mailed. Failure to make the deposit by the time required shall be deemed an abandonment of the contest.
(e) 
The filing of a request for hardship waiver of the fine deposit does not extend the time within which to request an administrative review or any other time set forth in this chapter, except as provided in subsection (d), above. A hearing officer decision on the waiver is final and not subject to an appeal pursuant to section 1-47.
(Ord. No. 97-27, § 3, 9-2-97; Ord. No. 00-12, § 1, 7-16-00; Ord. No. 10-5, § 1, 5-4-10)
(a) 
Hearings shall be conducted by a hearing officer either: (i) on the date, time and place specified in the citation, (ii) on the date designated on the notice of decision when there was a request to waive the fine deposit which was heard on the date noted on the citation, or (iii) on a date set by the director at least 10 but not more than 30 days after the citee requests a hearing pursuant to section 1-48(c) and at least 10 days notice thereof shall be given to the citee.
(b) 
The director shall ensure that the pertinent citation records are delivered to the hearing officer for a citation set for hearing, including information showing all fine deposits and waivers granted. The director shall also make available to the citee before the hearing a copy of any additional reports concerning the citation that are provided to the hearing officer.
(c) 
The citee shall be given the opportunity to testify and to present evidence relevant to financial hardship, the Code violation specified in the citation, or the fact that all fines have been paid. A parent or legal guardian of a citee who is a juvenile, under 18 years of age, shall accompany the citee at the hearing or any request or contest shall be deemed abandoned.
(d) 
The citation, and any other reports prepared by the code enforcement officer, or prepared at his or her request, concerning the Code violation, attempted correction of the Code violation, or fine payments that are provided to the hearing officer shall be accepted by the hearing officer as prima facie evidence of the code violation and the facts stated in such documents.
(e) 
Neither the code enforcement officer nor any other representative of the city shall be required to attend the hearing, nor shall the hearing officer require that there be submitted any evidence, other than the citation, that may exist among the public records of the city on the violation. However, any such appearance and/or submission may be made at the discretion of the code enforcement officer or any city employee or agent.
(f) 
The hearing officer, director, or city attorney may continue a hearing if a request is made by the citee, or the citee's representative, or the representative of the city, upon a showing of good cause. All continuance requests shall either (i) be made in person at the hearing by the citee or a representative if the citee is physically unable to attend, or (ii) be made by a written request received by the department at least 24 hours before the hearing date. If the continuance is granted, a new hearing date shall be set within 45 days and noted on the notice of decision. If the continuance is denied, the hearing shall proceed as scheduled, and if the citee is not present the request shall be deemed abandoned in accordance with subdivision (h) below. The decision on the continuance request is final and the notice shall either be delivered personally to the citee or the representative if present or be mailed by the department. If the request for continuance is not made in person, the citee is responsible for determining whether the request is denied and the hearing is to proceed as scheduled.
(g) 
The hearing shall be conducted informally and the legal rules of evidence need not be followed. The hearing officer does not have the authority to issue a subpoena.
(h) 
The failure of the citee to appear at the hearing, unless the hearing was continued per subdivision (f) above, shall constitute an abandonment of the request for waiver of the fine deposit and/or administrative review, and a failure to exhaust administrative remedies concerning the violation as set forth in the citation. The fine deposit shall be credited by the city upon the fine due for the violation. The citee's failure to appear shall be noted on the notice of decision by the hearing officer and it shall be mailed to the citee.
(Ord. No. 97-27, § 3, 9-2-97; Ord. No. 00-12, § 1, 7-16-00)
(a) 
After considering all the evidence and testimony submitted at the administrative review, the hearing officer shall issue a written decision to uphold the citation or cancel it based upon a conclusion of whether or not a violation occurred for which the citee was a responsible person. The hearing officer has no discretion or authority to reduce or modify a fine. The decision will be made on a notice of decision form and designate the reasons and evidence considered for the decision. The decision of the hearing officer shall be made at the conclusion of the administrative review, or soon thereafter, and shall be final. The notice of decision shall be personally delivered to the citee at the conclusion of the administrative review, or it shall be mailed to the citee within three business days following the conclusion of the administrative review.
(b) 
If the decision is to uphold the citation, the city shall keep the fine deposited. If the decision is to cancel the citation, the city shall refund the fine deposit to the citee within 30 days of the filing of the decision. If the citation is upheld and the fine deposit had been waived, the fine shall be due on the date the decision is given to the citee at the end of the hearing by the hearing officer, or the date the notice of decision is mailed to the citee. The hearing officer may collect any fine due from the citee at the end of the hearing.
(c) 
The hearing officer's continued employment, performance evaluation, compensation, and benefits shall not directly or indirectly be linked to the number of citations upheld or canceled by the officer.
(Ord. No. 97-27, § 3, 9-2-97; Ord. No. 00-12, § 1, 7-16-00; Ord. No. 10-5, § 2, 5-4-10)
(a) 
The citee may seek judicial review of the administrative review decision by filing an appeal with the superior court within 20 calendar days after the citee receives a copy of the notice of decision at the conclusion of the hearing in accordance with the provisions of California Government Code section 53069.4. The appeal filed with the court shall also contain a proof of service showing a copy of the appeal was served upon the "City of Costa Mesa (Attention: City Attorney)." The citee must pay to the superior court the statutory filing fee when the appeal is filed.
(b) 
No appeal is permitted from a decision regarding:
(1) 
A request for preliminary review,
(2) 
An extension of the 30 day correction period for building violations,
(3) 
A request for waiver of the fine deposit, or
(4) 
A decision the citee is deemed to have abandoned the contest of the citation or fine due to her or his failure to appear at the hearing or failure to deposit the fine.
(c) 
The city attorney shall forward to the superior court within 15 days of its request, the pertinent citation documents for any case appealed to that court. If the superior court cancels any citation, the city will refund any fine deposit made and the appeal filing fee.
(Ord. No. 97-27, § 3, 9-2-97; Ord. No. 00-12, § 1, 7-16-00)
(a) 
The city at its discretion may pursue any and all legal and equitable remedies for the collection of unpaid fines, interest and penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines, interest and penalties owed by a person under this chapter have been collected.
(b) 
the city may refuse to issue, extend, or renew any city permit, license, or other city approval to any person, who has unpaid delinquent fines, interest, penalties, liens or assessments due under this chapter, related to the permit, license, or approval.
(c) 
The city may suspend any permit, license, or land use approval issued to a person who has unpaid fines related to the permit, license, or approval totaling $500 or more that have been delinquent for over 30 days. The suspension shall become effective 20 days after the day notice of the suspension is placed by the director in the U.S. mail, postage prepaid, addressed to the person and shall continue until the delinquency is paid in full. The person may request an administrative hearing pursuant to the procedures in section 1-45 on the issue of fine delinquency only, if the request is filed with the director before the 20 day period ends. Continuing to operate under a suspended permit, license or approval shall be grounds for revocation of the permit, license or approval. Revocation may be made by the city planning commission at a public hearing for which the same notice shall be given as required for issuance of the permit, license, or approval involved, but in no event shall there be less than 10 days written notice.
(d) 
It is unlawful for a citee to fail to pay any civil fine, interest, or penalty imposed pursuant to this chapter. The city attorney, at his or her discretion, may issue a criminal citation or complaint for an infraction to any citee who fails to make such a payment. The criminal fine for this violation shall be a mandatory minimum of $100.
(e) 
Any violation of this Code shall constitute a nuisance. To compel code compliance, the city may seek to abate the nuisance and collect the costs incurred by means of a nuisance abatement lien and/or special assessment against the property where a property related violation occurred. Any unpaid delinquent civil fines, interest and penalties may be recovered as part of any such lien or special assessment against the property of the responsible person who is the owner of the property where the violation occurred pursuant to Government Code sections 38773.1 and 38773.5.
(1) 
To pursue an abatement of a code violation as a nuisance and recover the costs, including any delinquent civil fines, interest and penalties as an abatement lien or special assessment, the city's director of finance may at his or her discretion take the following steps:
a. 
Submit to and receive from the city council a resolution certifying the amounts of the liens and special assessments sought to be collected from each property owner;
b. 
Request the Orange County Recorder to record a notice of any liens, or special assessments, and send the Recorder the resolution certifying the amounts;
c. 
Request the Orange County Tax Collector to collect any special assessments certified by the city council; and
d. 
Take any other necessary action to enforce collection of any liens, or special assessments provided for in this chapter.
(2) 
The director may pursue the lien and special assessment remedies whether or not the city is pursuing any other action to terminate an ongoing Code violation that was the basis for the fine.
(3) 
All citations shall contain a notice that unpaid fines, interest and penalties are subject to the assessment and lien collection procedures of this section. The lien or assessment shall be imposed on the date the citation for the Code violation is issued to the responsible person and becomes effective upon the recording of a Notice of Lien or Assessment by the County Recorder. This notice shall satisfy the notice requirements of Government Code sections 38773.1 and 38773.5, when a civil citation is personally served on the citee. In addition, the city finance director shall send notice by first class mail stating the date, time and location of the meeting to each property owner listed in the proposed resolution at least 10 days before the city council considers the resolution and certifies the amounts of the liens and special assessments.
(4) 
A citee may contest the amount and/or validity of any lien or assessment for a civil fine at the public hearing to certify the amount of the lien or assessment by city council pursuant to subsection (e) of this section. Such contests shall be limited to the issue of the amount and/or validity of the lien or assessment and may not consider whether the underlying Code violation occurred. Pursuit of such a contest by a responsible person is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or assessment.
(f) 
The parent or legal guardian of a citee who is a minor shall be liable for any fines imposed upon the minor pursuant to the provisions of this chapter. Any such fines may be collected from the minor, parent or guardian.
(Ord. No. 97-27, § 3, 9-2-97; Ord. No. 00-12, § 1, 7-16-00)