(a)
The
city council finds that there is a need for an alternative method
of enforcement for various violations of the Placentia Municipal Code.
The city council also finds that an appropriate method for enforcement
of various violations is an administrative citation program that will
reduce the burden on the judicial system while providing full due
process for those cited.
(b)
The
procedures established in this chapter are in addition to criminal,
civil, or other legal remedies that may be available to the city to
enforce violations of the Placentia Municipal Code or applicable state
codes.
(c)
This
chapter establishes an administrative citation process and monetary
penalties to encourage and expedite compliance with the provisions
of the Placentia Municipal Code. This chapter encourages voluntary
compliance through the implementation of a process that informs responsible
parties of violations by giving a written warning before taking action
and allowing reasonable time lines for compliance.
(d)
The
city council finds and determines that enforcement of the provisions
of the Placentia Municipal Code and conditions on entitlements or
permits are municipal affairs as well as matters of purely local concern
to the citizens of Placentia.
(e)
The
goals of this chapter focus on minimizing the number of code violations
made by property owners, renters, business owners, and other stakeholders
of the city by instituting a citation process and promoting a positive
city image. The city council finds that the adoption and implementation
of this administrative citation program as provided in the chapter
will achieve the following goals:
(1)
Improve the quality of life for Placentia residents and business
owners by reducing the number of code violations through the encouragement
of expedient compliance;
(2)
Promote and protect the public health, safety, and welfare of the
citizens of the city of Placentia by minimizing potentially harmful
municipal code violations;
(3)
Help ensure compliance with the Placentia Municipal Code and state
codes, ordinances, and regulations in a timely and efficient manner;
(4)
Provide for: (A) a simplified administrative process in order to
encourage implementation, and (B) an appeal process that will fully
comport with due process and provide those cited with the right to
a fair hearing without the need for legal counsel;
(5)
Provide a method to hold parties responsible when they fail or refuse
to comply with the provisions of the Placentia Municipal Code, ordinances,
agreements, or terms and conditions on entitlements in the city of
Placentia;
(6)
Reduce the burden on the judicial system and minimize the time and
expense of defending the citation on the part of the person cited.
(f)
Use
of this chapter shall be at the sole discretion of the city administrator
and each enforcement officer.
(Ord. O-2008-11 § 4, 2008)
In construing the provisions of this chapter, the following
definitions shall apply:
means the city administrator of the city of Placentia or
the designee of the city administrator.
means a code enforcement officer, environmental compliance
officer, police officer, building inspector, or any other city employee
designated by the city administrator to enforce the provisions of
the Placentia Municipal Code and granted authority to issue notices
and administrative citations pursuant to this title. The term "enforcement
officer" also includes any city employee or official expressly
provided enforcement authority pursuant to the provisions of this
code.
means an individual or board as designated by the city administrator
to conduct hearings, including appeals hearings, and make decisions
as provided in this chapter.
means a police officer, including the police chief or designee,
or the fire chief or the fire chief's designee, authorized under
the laws of the state of California or this code to enforce the provisions
of the Placentia Municipal Code. A "public safety officer"
is an "enforcement officer" as defined in this section.
means any person or persons that an enforcement officer determines
is responsible for causing or maintaining a violation of the Placentia
Municipal Code, including, but not limited to, the owner of property
upon which a violation of the Placentia Municipal Code occurs or continues
to occur, or any nonowner, occupant, or other person or entity in
control of the property who is creating, causing, or maintaining any
condition in violation of the Placentia Municipal Code. The term "responsible
person" also includes the parents of a minor who creates, causes
or maintains any condition in violation of the Placentia Municipal
Code.
(Ord. O-2008-11 § 4, 2008)
(a)
Any
person violating any provision of the Placentia Municipal 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 Placentia Municipal Code, the
Uniform Codes adopted by the city council, or any other ordinance
of the city, or the failure to comply with any condition imposed by
any entitlement, permit, agreement, or environmental document issued
or approved pursuant to this code.
(b)
Each
and every day a violation of the Placentia Municipal Code exists constitutes
a separate and distinct offense.
(c)
A
civil fine shall be assessed by means of an administrative citation
issued by the enforcement officer and shall be payable directly to
the city of Placentia or such agent of the city designated by the
city administrator.
(d)
Fines
shall be assessed in the amounts specified by resolution of the city
council, or where no amount is specified:
(1)
A fine not exceeding $100 for a first violation;
(2)
A fine not exceeding $200 for a second violation of the same ordinance
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)
A
late payment penalty shall be imposed for civil fines not paid within
30 calendar days of their due date. The amount of the late payment
penalty shall be 50% of the total amount of the civil fine owed.
(f)
Unless
otherwise prohibited by law or regulation, all civil fines and penalties
imposed pursuant to the provisions of this chapter shall accrue interest
at the rate of 1% per month, compounded monthly, until the civil fine,
including penalties and interest thereon, is paid in full. Interest
shall begin to accrue 30 calendar days after the due date for the
civil fine and continue until the civil fine, including penalties
and interest thereon, is paid in full.
(g)
Whenever
an enforcement officer charged with the enforcement of any provision
of this code determines that a violation has occurred, either by receiving
a complaint or being witness to the violation, the enforcement officer
has the authority to take the actions identified in this chapter and
issue an administrative citation to a responsible party for the violation.
In the event the violation is deemed to be an immediate threat to
life, health or safety of persons or property, the enforcement officer
shall refer the matter to the building official, police department,
fire department, or other applicable agency, depending on the nature
of the violation, for immediate action. Prior to issuing an administrative
citation for a violation of this code that does not create an immediate
danger to life, health or safety of persons or property, the enforcement
officer shall serve a pre-citation or courtesy notice on the responsible
party for the violation. A public safety officer shall not be required
to issue a pre-citation or courtesy notice; however, a public safety
officer, in the discretion of such officer, may issue such courtesy
notice.
(Ord. O-2008-11 § 4, 2008)
(a)
Personal
Service. An administrative citation (or pre-citation or courtesy notice)
on a form approved by the city administrator may be issued to the
responsible person by an enforcement officer for violations of the
Placentia Municipal Code or applicable state code by personal service
in the following manner:
(1)
The enforcement officer shall attempt to locate and personally serve
the responsible person and obtain the signature of the responsible
person on the administrative citation.
(2)
If the responsible person served refuses or fails to sign the administrative
citation, the failure or refusal to sign shall not affect the validity
of the administrative citation or of subsequent proceedings.
(b)
Service
of Citation by Mail. If the enforcement officer is unable to locate
the responsible person, the administrative citation shall be mailed
to the responsible person by certified mail, postage prepaid with
a requested return receipt. Simultaneously, the citation shall be
sent by first class mail. If the citation is sent by certified mail
and returned unsigned, then service shall be deemed effective in accordance
with the provisions of California Code of Civil Procedure Sections
1013 and 1013a. A pre-citation or courtesy notice may be mailed to
the responsible person solely by first class mail in accordance with
the provisions of California Code of Civil Procedure Sections 1013
and 1013a as the same may be amended from time to time.
(c)
Service
by Citation by Posting Notice. If the enforcement officer does not
succeed in personally serving the responsible person, or by certified
mail or regular mail, the enforcement officer shall post the administrative
citation on any real property within the city in which the city has
knowledge that the responsible person has a legal interest, and such
posting shall be deemed effective service.
(Ord. O-2008-11 § 4, 2008; Ord. O-2011-01 § 2, 2011)
(a)
Each
administrative citation (or pre-citation or courtesy notice) shall
contain the following information:
(1)
Name of the person who is charged as a responsible person for the
violation(s);
(2)
Date, approximate time, and address or definite description of the
location where the violation(s) was observed;
(3)
The code sections or conditions violated and a description of the
violation(s);
(4)
A description of the actions necessary to correct the violation(s);
(5)
An order to the responsible person to correct the violation(s) within
the time specified, and an explanation of the consequences of failure
to correct the violation(s);
(6)
The amount of the fine for the violation(s);
(7)
An explanation of how the fine shall be paid and the time period
by which it shall be paid;
(8)
Identification of rights of appeal, including the time within which
the citation may be contested and the place to obtain a request for
hearing form to contest the administrative citation; and
(9)
The name and signature of the enforcement officer and, if possible,
the signature of the responsible person.
Failure of a pre-citation or courtesy notice to contain all
the required information shall not affect the validity of the pre-citation
notice or any subsequent administrative citation.
(Ord. O-2008-11 § 4, 2008)
(a)
Upon
receipt of an administrative citation, the responsible party must
take one of the following actions to avoid additional penalties:
(1)
Correct the violation, pay the corresponding fine(s), if any, and
contact the city to request a re-inspection, prior to the compliance
date specified in the administrative citation; or
(2)
Request an extension of time in writing, which shows a reasonable
hardship pursuant to subsection (b) of this section, prior to the
compliance date specified in the administrative citation; or
(b)
All
requests for extensions must be made in writing, submitted to the
enforcement officer, and describe a reasonable hardship that prevents
or renders impractical the correction of the violation prior to the
compliance date specified in the administrative citation. The enforcement
officer may grant a one-time extension at his or her discretion after
payment of any fine due. The extension shall not exceed 30 days unless
the city administrator grants additional time. The city administrator
may grant additional time as determined in the city administrator's
reasonable discretion, considering all relevant facts and circumstances
of the hardship. If the case has been referred or appealed to the
hearing officer, extensions may not be granted.
(Ord. O-2008-11 § 4, 2008)
(a)
Any
recipient of an administrative citation may contest that there was
a violation of the Placentia Municipal Code or that he or she is the
responsible person or the amount of any fine imposed by completing
a request for hearing form provided by the city and returning it to
the city within 15 days from the date of the administrative citation,
together with an advanced deposit of the fine imposed. Any administrative
citation fine which has been deposited shall be refunded if it is
determined, after 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 administrative citation. If the
hearing officer determines that a lower fine should have been imposed,
the amount paid in excess of the fine determined by the hearing officer
shall be refunded.
(b)
Failure
of any responsible person to file an appeal in accordance with the
provisions of this section shall constitute a waiver of that responsible
person's rights to administrative determination of the merits
of the administrative citation and the amount of the penalty. If no
appeal is filed, or if the appeal is abandoned in writing or by failure
to appear at a hearing without being excused, the administrative citation
shall be deemed a final administrative order and a failure to exhaust
the responsible person's administrative remedies.
(Ord. O-2008-11 § 4, 2008; Ord. O-2011-01 § 3, 2011)
(a)
The
city administrator shall designate a hearing officer to conduct a
hearing on any appeal of an administrative citation under this chapter.
The hearing officer shall not be a Placentia city employee. The employment,
performance evaluation, compensation and benefits of the hearing officer,
if any, shall not be directly or indirectly conditioned upon the amount
of administrative citation fines upheld, reduced or overturned by
the hearing officer. Each hearing officer shall be subject to the
provisions of the Political Reform Act of 1974 and all other laws,
ordinances, or regulations of the state or the city relating to conflicts
of interest.
(b)
The
city administrator shall establish all appropriate administrative
regulations for implementing this chapter, including the conduct of
hearings and rendering of decisions.
(Ord. O-2008-11 § 4, 2008)
(a)
No
hearing to contest an administrative citation before a hearing officer
shall be held unless and until a request for hearing form has been
completed and submitted, and the fine has been deposited in advance.
(b)
A
hearing before the hearing officer shall be set for a date that is
not less than 15 and not more than 60 days from the date that the
request for hearing 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 days prior to
the date of the hearing.
(c)
The
hearing officer shall only consider evidence that is relevant to whether
the violation(s) occurred and whether the responsible person has caused
or maintained the violation(s) of the Placentia Municipal Code on
the date(s) specified in the administrative citation.
(d)
The
responsible person contesting the administrative citation shall be
given the opportunity to testify and present witnesses and evidence
concerning the administrative citation.
(e)
The
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.
(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)
If
the enforcement officer submits an additional written report concerning
the administrative citation to the hearing officer for consideration
at the hearing, then a copy of this report also shall be served by
mail on the person requesting the hearing at least 10 days prior to
the date of the hearing.
(h)
At
least 10 days prior to the hearing, copies of the citations, reports
and other documents submitted or relied upon by the enforcement officer
shall be deposited in the mail, postage pre-paid and addressed to
the recipient of the administrative citation at the address provided
in the request for hearing form. No other discovery is permitted.
Formal rules of evidence shall not apply.
(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.
(Ord. O-2008-11 § 4, 2008)
(a)
After
considering all of the testimony and evidence submitted at the hearing,
the hearing officer shall issue a written decision within 10 days
of the hearing to uphold or deny the administrative citation and shall
list in the decision the reasons for that decision. The decision of
the hearing officer shall be final.
(b)
If
the 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.
(c)
The
hearing officer may modify the penalties stated in an administrative
citation depending upon the circumstances of each case and the evidence
presented and the hearing officer provides specific grounds for such
modification in the written decision. The hearing officer has authority
to reduce, conditionally reduce, or increase the amount of any penalties,
subject to the fine amounts or limits established by the city council
by resolution or as otherwise provided in this chapter. The hearing
officer may impose conditions and deadlines for correction of violations
or payment of outstanding penalties.
(d)
The
recipient of the administrative citation shall be served with a copy
of the hearing officer's written decision. Service of such decision
shall be made either by personal delivery thereof to the person to
be notified or by deposit in the United States mail by first class
mail in accordance with the provisions of California Code of Civil
Procedure Sections 1013 and 1013a. Service of the decision shall be
deemed complete at the time of deposit in accordance with the provisions
of California Code of Civil Procedure Sections 1013 and 1013a as the
same may be amended from time to time.
(e)
If
the hearing officer dismisses the administrative citation, all fines
and appeal fees shall be refunded to the responsible person/appellant
within 30 calendar days.
(Ord. O-2008-11 § 4, 2008; Ord. O-2011-01 § 4, 2011)
(a)
The
failure of any person to pay a fine assessed by administrative citation
within the time specified on the administrative citation constitutes
a debt to the city. To enforce that debt, the city administrator may
file a civil action, impose a special assessment as set forth below,
or pursue any other legal remedy to collect such debt, including reasonable
costs of collection and attorneys' fees.
(b)
In
addition to any other legal remedy, the city council may impose a
special assessment against the property that is the subject of a citation
if the citation has been issued to the property owner. If the citation
concerns property not owned by the responsible person, the city council
may impose a special assessment against property owned by the responsible
person. The city administrator shall record a notice of lien in the
office of the county recorder when the special assessment procedure
is used. When so made and confirmed, the cost shall constitute a lien
on that property for the amount of the assessment.
(c)
After
confirmation and recordation, a copy shall be turned over to the Orange
County tax collector. At that point, it will be the duty of the tax
collector to add the amounts of the respective assessments to the
next regular property tax bills levied against the lots and parcels
of land for municipal purposes. Those amounts shall be collected at
the same time and in the same manner as ordinary property taxes are
collected, and shall be subject to the same penalties and procedures
under foreclosure and sale as provided for with ordinary municipal
taxes. In the alternative, after recording, the lien may be foreclosed
by judicial or other sale in the manner and means provided by law.
(d)
Nonpayment
of fines which the city has made reasonable effort to collect shall
be deemed a misdemeanor for which the responsible party may be prosecuted.
(e)
Administrative
citation fines collected pursuant to this chapter shall be deposited
into an appropriate fund to be administered in furtherance of the
purposes of this chapter and to fund such code enforcement and public
nuisance abatement actions and proceedings, including, but not limited
to, funds to reward reporters of graffiti and other code violations,
as the city council may identify or prescribe.
(Ord. O-2008-11 § 4, 2008)
Any person aggrieved by an administrative decision of a hearing
officer on an administrative citation may obtain review of the administrative
decision by filing a petition for review with the Orange County Superior
Court in accordance with the timelines and provisions as set forth
in California Government Code Section 53069.4.
(Ord. O-2008-11 § 4, 2008)
(a)
The
administrative citation and all notices to be given pursuant to this
chapter shall be served upon the responsible person in accordance
with the provisions of this chapter. Unless different provisions herein
are otherwise specifically made, such citation or notice may be given
either by personal delivery thereof to the person to be notified or
by deposit in the United States mail in accordance with the provisions
of California Code of Civil Procedure Sections 1013 and 1013a. Service
shall be deemed complete at the time of deposit in accordance with
the provisions of California Code of Civil Procedure Sections 1013
and 1013a as the same may be amended from time to time.
(b)
Failure
to receive any notice specified in this chapter does not affect the
validity of proceedings conducted hereunder.
(Ord. O-2008-11 § 4, 2008; Ord. O-2011-01 § 5, 2011)
Any administrative citations pursuant to this chapter shall
not prejudice or adversely affect any other action, civil or criminal,
that may be brought to abate the public nuisance or violation or to
seek compensation for damages suffered. A civil or criminal action
may be brought concurrently with any other process regarding the same
public nuisance or violation.
(Ord. O-2008-11 § 4, 2008)
