(a)
This
Chapter provides for the issuance of administrative citations which
are in addition to all other legal remedies, criminal or civil, which
may be pursued by the City to address any violation of this Code.
(b)
The
administrative citations process set forth in this Chapter applies
to violations of the Code that: (1) are transitory or immediately
remediable; (2) create an immediate danger to health or safety; or
(3) are continuing violations pertaining to building, plumbing, electrical
or other similar structural or zoning issues that persist after the
responsible party has been given notice and failed to comply within
the specified time frame.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02; amended by Ord. No. 2365CCS § 1, adopted 7/26/11)
means a City Police Officer, a City Code Compliance Officer
or Code Enforcement Officer, a City Building Inspector, a City Combination
Building Inspector, a City Parking Enforcement Officer, a City Public
Works Inspector, a City Fire Inspector, a City Office of Sustainability
and the Environment Inspector, a City License Inspector, a City Animal
Control Officer, a City Public Services Officer, a City Lead Public
Services Officer, a City Public Services Officer Supervisor, a City
Public Services Administrator, a Pier and Harbor Services Officer,
a Lead Pier and Harbor Services Officer, a City Pier and Harbor Services
Supervisor, or any other authorized agent or employee of the City
whose duty is to assure Code compliance.
means any person, business, company or entity, and the parent
or legal guardian of any person under the age of eighteen years, who
has done any act for which an administrative citation may be imposed.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02; amended by Ord. No. 2335CCS § 6, adopted 12/14/10; Ord. No. 2493CCS § 1,
adopted 9/8/15)
(a)
Whenever
an enforcement officer charged with the enforcement of any provision
of this Code determines that a violation of that provision has occurred,
the enforcement officer shall have the authority to issue an administrative
citation to any person responsible for the violation.
(b)
Each
administrative citation shall contain the following information:
(1)
The date of the violation or, if the date of the violation is unknown
then the date the violation is identified;
(2)
The address or a definite description of the location where the violation
occurred;
(3)
The section of this Code violated and a description of the violation;
(4)
The amount of the fine for the Code violation;
(5)
A description of the fine payment process, including a description
of the time within which and the place to which the fine shall be
paid;
(6)
An order prohibiting the continuation or repeated occurrence of the
Code violation described in the administrative citation;
(7)
The time limits for payment of the fine and abatement of the Code
violations;
(8)
A description of the administrative citation review process, including
the time within which the administrative citation may be contested
and the place from which a request for hearing form to contest the
administrative citation may be obtained; and
(9)
The name and signature of the citing enforcement officer.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02; amended by Ord. No. 2365CCS § 2, adopted 7/26/11)
(a)
The
amounts of the fines for Code violations imposed pursuant to this
Chapter shall be set forth in the schedule of fines established by
resolution of the City Council.
(b)
The
schedule of fines shall specify any increased fines for repeat violations
of the same Code provision by the same person within thirty-six months
from the date of an administrative citation.
(c)
The
schedule of fines shall specify the amount of any late payment charges
imposed for the payment of a fine after its due date.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02)
(a)
The
responsible party shall comply with any administrative citation by
abating the Code violations described in the citation and by paying
the required fines within the time allotted by the citation.
(b)
Any administrative citation fine paid pursuant to subsection (a) of this Section shall be refunded in accordance with Section 1.09.100 if it is determined, after a requested review, 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.
(c)
Payment
of a fine under this Chapter shall not excuse or discharge any continuation
or repeated occurrence of the Code violation that is the subject of
the administrative citation.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02; amended by Ord. No. 2365CCS § 3, adopted 7/26/11)
(a)
Any recipient of an administrative citation may contest that there was a violation of the Code or that he or she is the responsible party by completing a request for hearing form and returning it to the City Clerk's office within thirty days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 1.09.070.
(b)
A
request for hearing form may be obtained from the City Clerk's office
specified on the administrative citation.
(c)
The
person requesting the hearing shall be notified of the time and place
set forth the hearing at least five days prior to the date of the
hearing.
(d)
If
City staff submits an additional written report concerning the administrative
citation to the hearing officer for consideration at the hearing,
then a copy of this report shall also be provided to the person requesting
the hearing at least three days prior to the date of the hearing.
(e)
The
recipient of an administrative citation may at the time that he/she
contests the citation waive the right to a hearing and elect instead
to have the administrative review be based exclusively on written
materials submitted to the Hearing Officer. The recipient must submit
all written materials within ten days after he or she makes this election.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02)
(a)
Any person who intends to request a review of the administrative citation 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 in Section 1.09.050(a) may file a request for an advance deposit hardship waiver.
(b)
The
request shall be filed with the Finance Department on an advance deposit
hardship waiver application form, available from the Finance Department,
within fifteen days of the date of the administrative citation.
(c)
The requirement of depositing the full amount of the fine as described in Section 1.09.050(a) shall be stayed unless or until the Director of Finance makes a determination not to issue the advance deposit hardship waiver.
(d)
The Director of Finance, or designee, may waive the requirement of an advance deposit required by Section 1.09.050(a) and issue the advance deposit hardship waiver only if the cited party submits to the Director of Finance a sworn statement, together with any supporting documents or materials, demonstrating to the satisfaction of the Director of Finance the person's actual financial inability to deposit with the City the full amount of the fine in advance of the hearing.
(e)
If
the Director of Finance declines 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 or thirty days from the date of
the administrative citation, whichever is later.
(f)
The
Director of Finance shall issue a written determination listing the
reasons for his or her determination to issue or not issue the advance
deposit hardship waiver. The written determination of the Director
of Finance shall be final.
(g)
The
written determination of the Director of Finance shall be served upon
the person who applied for the advance deposit hardship waiver.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02)
The review of the administrative citation requested pursuant to Section 1.09.060 may be conducted by the Building Officer, Zoning Administrator, Fire Marshal, the department or division head of the department which issued the citation, the City Manager or designee, any individual acting in one of the above-enumerated positions, or a Hearing Examiner appointed in accordance with the procedures set forth in Section 1.10.050. The Hearing Officer must be qualified by experience or training to conduct the review. In no event, however, shall the administrative review be conducted by the person who issued or who was directly involved in the issuance of the citation. A Hearing Examiner shall be required where there is no uninvolved City employee qualified to conduct the review.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02; amended by Ord. No. 2365CCS § 4, adopted 7/26/11)
(b)
A
hearing before the Hearing Officer shall be set for a date that is
not less than five days and not more than sixty days from the date
that the request for hearing is filed in accordance with the provisions
of this Chapter, unless the Hearing Officer determines that the matter
is urgent or that good cause exists for an extension of time.
(c)
At
the hearing, the party contesting the administrative citation shall
be given the opportunity to testify and to present evidence concerning
the administrative citation.
(d)
Unless the recipient of an administrative citation requested a paper review pursuant to Section 1.09.060(e), the failure of the recipient to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust his or her administrative remedies.
(e)
The
administrative citation and any additional report submitted by City
staff shall constitute prima facie evidence of the respective facts
contained in those documents.
(f)
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.
(g)
The
Hearing Officer may grant any request for a continuance of the hearing
from either party upon a showing of good cause.
(h)
The
Hearing Officer shall have the power to issue orders to keep order
and decorum during an Administrative Hearing. No person shall fail
to comply with any such order.
(i)
At
any time prior to, during or after the hearing, the City Attorney's
office may exercise its prosecutorial discretion to reach a plea agreement
or compromise with the responsible party or to dismiss any citation.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02; amended by Ord. No. 2365CCS § 5, adopted 7/26/11; Ord. No. 2550CCS § 1,
adopted 8/8/17)
(a)
After
considering all of the testimony and evidence submitted at the hearing,
the Hearing Officer shall issue a written decision to uphold or cancel
the administrative citation and shall list in the decision the reasons
for that decision. The decision of the Hearing Officer shall be issued
within thirty days after the conclusion of the hearing or the submission
of all written materials if no hearing is requested and the Hearing
Officer's decision 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)
If
the 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 Hearing Officer shall set forth in the
decision a schedule on which the fine must be paid.
(d)
If
the Hearing Officer determines that the administrative citation should
not be upheld and the fine was deposited with the City, then the City
shall promptly refund the amount of the deposited fine. Unless the
City returns the fine within thirty days after it was deposited, this
refund shall also include interest at the average rate earned on the
City's portfolio for the period of time that the fine amount was held
by the City.
(e)
The
recipient of the administrative citation shall be served with a copy
of the Hearing Officer's written decision.
(f)
The
employment, performance evaluation, compensation and benefits of the
Hearing Officer shall not be directly or indirectly conditioned upon
the amount of administrative citation fines upheld by the Hearing
Officer.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02)
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 fine
is due also shall be liable for the payment of any applicable late
payment charges set forth in the schedule of fines.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02)
(a)
The City may collect any past due administrative citation fines or late payment charges by use of all available legal means. The City also may recover its collection costs pursuant to subsection (b) of this Section.
(b)
Any
person who fails to pay any obligation required by this Chapter shall
also be liable in any action brought by the City for all the City's
costs incurred in securing payment of the delinquent amount including,
but not limited to, administrative costs and attorney's fees. Collection
costs imposed under this provision shall be added to and become a
part of the underlying obligation.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02)
Any person directly 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 Superior Court in Los Angeles County.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02)
(a)
The administrative citation and all notices required to be given by this Chapter shall be served on the responsible party in accordance with the provisions of Section 1.10.040.
(b)
Failure
to receive any notice specified in this Chapter does not affect the
validity of proceedings conducted hereunder.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02)
It shall be unlawful for the owner of any dwelling unit or structure
who has received a citation to sell, transfer, mortgage, lease or
otherwise dispose of it to another until the provisions of the citation
have been complied with or until such owner shall first furnish the
grantee, transferee, mortgagee or lessee, with a true copy of any
citation and shall furnish to the code official a signed and notarized
statement from the grantee, transferee, mortgagee or lessee, acknowledging
the receipt of such citation and fully accepting the responsibility
without condition for making the corrections or repairs required by
such citation or stating that the grantee, transferee, mortgagee or
lessee intends to timely challenge the citation. The transfer of ownership
in violation of this Section shall not abrogate the transfer.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02)
The failure to comply with an administrative citation, including
any failure to pay an administrative fine, is a misdemeanor. The filing
of a criminal misdemeanor action does not preclude the City from using
any other legal remedy available to gain compliance with the administrative
citation.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02; amended by Ord. No. 2365CCS § 6, adopted 7/26/11)
