(a)
This Chapter provides for administrative remedies, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation specified in Santa Monica Municipal Code Section 1.08.010(c).
(b)
Use
of this Chapter shall be at the sole discretion of the City.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02)
means the head of any City department or division charged
with responsibility for enforcement of any provision of this Code
or designee, including, but not limited to, the Fire Marshal, the
Building Officer, the Zoning Administrator and the City Engineer.
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 penalty may be imposed.
(Added by Ord. No. No. 2043CCS §
3, adopted 5/14/02; amended by Ord. No. 2335CCS § 7, adopted 12/14/10)
(a)
Whenever the City Official determines that a violation of any provision of this Code, or other provisions as set forth in Santa Monica Municipal Code Section 1.08.010(c), within the City Official's responsibility is occurring or exists, the City Official may issue a written compliance order to any person responsible for the violation.
(b)
A
compliance order issued pursuant to this Chapter shall contain the
following information:
(1)
The date, approximate time and location of the violation;
(2)
The section of this Code violated and a description of the violation;
(3)
The actions required to correct the violation;
(4)
The time period after which administrative penalties will begin to
accrue if compliance with the order has not been achieved. No administrative
penalty shall be imposed for violations of City building, plumbing,
electrical or structural codes or provisions of the City Zoning Ordinance
unless the responsible party has been provided a reasonable period
of time to correct the violation before imposition of the penalty,
except in those cases in which there is an immediate danger to health
or safety.
(5)
Either a copy of this Chapter or an explanation of the consequences
of noncompliance with this Chapter and a description of the hearing
procedure and appeal process to the responsible party.
(c)
If
compliance with an issued compliance order is not achieved within
the time period prescribed by the order at issue, the City Official
may file and record a Notice of Compliance Order in the Office of
the County Recorder to certify that: (1) the subject property is being
maintained in violation of the Municipal Code and/or applicable statue,
rule, code and regulation; (2) penalties, including liens, special
assessments, and/or other penalties, may be imposed; and (3) the property
owner has been so notified.
(d)
Whenever the City Official determines that the Compliance Order has been fully complied with, including correction of all identified violations, payment of all penalties, and satisfaction of all other requirements imposed by the Compliance Order, and if a compliance order has been recorded pursuant to subsection (c), the City Official shall cause the removal of the recordation of the applicable compliance order or file and record a Notice of Satisfaction of Compliance Order certifying that the violation(s) of the Municipal Code at the subject property which caused the issuance of the compliance order has been corrected.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02; amended by Ord. No. 2286CCS § 1, adopted 4/7/09)
(a)
Any
required notice shall be given either by personal delivery thereof
to the responsible party or by deposit in the United States Mail,
in a sealed envelope postage prepaid, addressed to such person to
be notified at his or her last known business or residence address
as the same appears in the public records or other records pertaining
to the matter to which such notice is directed. Service by mail shall
be deemed to have been completed at the time of deposit in the post
office.
(b)
Where
real property is involved, written notice shall be mailed to the property
owner at the address as shown on the last equalized County assessment
roll.
(c)
Where
personal service or service by mail upon the property owner is unsuccessful,
a copy of the order shall be conspicuously posted at the property
which is the subject of the order.
(d)
If
the violation is the result of a condition existing on property in
the City and the City may impose a lien or special assessment on the
property, any notice from the Hearing Examiner shall also be served
on each of the following if known to the City or disclosed from official
public records:
(e)
The
failure of any person to receive any notice required under this Chapter
shall not affect the validity of any proceedings taken under this
Chapter.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02)
The Hearing Examiner shall be the City Manager or designee.
The Hearing Examiner shall not have had any prior direct involvement
with the matter pending before him or her. If no City staff is capable
of conducting the hearing, then the City shall contract with the California
Office of Administrative Hearings to conduct the hearing.
(Added by Ord. No. 2043CCS §
3, adopted 5/14/02; amended by Ord. No. 2365CCS § 7, adopted 7/26/11)
(a)
If
the City Official determines that all violations have been corrected
within the time specified in the compliance order, no further action
shall be taken.
(b)
If full compliance is not achieved within the time specified in the compliance order, the City Official shall advise the City Attorney's Office which may, consistent with well established principles of prosecutorial discretion, schedule a hearing before the Hearing Examiner and/or pursue criminal prosecution of the responsible persons and/or parties as authorized by Section 1.08.010.
(c)
The
City Attorney's Office shall cause a written notice of the hearing
to be served on the violator and, where real property is involved,
a notice of hearing shall be served on the property owner at the address
as it appears on the last equalized County assessment roll available
on the date the notice is prepared.
(d)
If full compliance is achieved after service of the written notice of the hearing, the City Attorney's Office may, nonetheless, continue to proceed with the scheduled hearing before the Hearing Examiner in order to seek Administrative Penalties as authorized by Section 1.10.110 and Administrative Costs as authorized by Section 1.10.120.
(Added by Ord. 2043CCS § 3,
adopted 5/14/02; amended by Ord. 2286CCS § 2, adopted 4/7/09)
(a)
Every
notice of hearing on a compliance order shall contain the date, time
and place at which the hearing shall be conducted by the Hearing Examiner.
(b)
Each
hearing shall be set for a date not less than five days nor more than
thirty days from the date of the notice of hearing unless the City
Official determines that the matter is urgent or that good cause exists
for an extension of time.
(c)
This
hearing serves to provide the full opportunity of a person subject
to a compliance order to object to the determination that a violation
has occurred and/or that the violation has continued to exist. The
failure of any person subject to a compliance order, pursuant to this
Chapter, to appear at the hearing shall constitute a failure to exhaust
administrative remedies.
(Added by Ord. 2043CCS § 3,
adopted 5/14/02)
(a)
At
the time set for hearing in the hearing notice, the Hearing Examiner
shall proceed to hear sworn testimony and receive evidence regarding
the compliance order. The person or persons notified to appear at
the hearing, or his or her or their agent(s) or representative(s),
shall be given an opportunity to present testimony and any other evidence
about whether a violation has occurred and/or that the violation has
continued to exist. The Hearing Examiner shall proceed with the hearing
whether or not such person(s) is (are) in attendance.
(b)
The
person or persons notified to appear at the hearing and the City may
also submit written evidence. This evidence shall be considered by
the Hearing Examiner if it is received at least two days prior to
the scheduled hearing. The Hearing Examiner shall have the discretion
to consider written evidence submitted after that date, including
submissions during the course of the hearing.
(c)
The Hearing Examiner shall be empowered to compel the attendance of owners or responsible parties or witnesses at the hearing, to examine them under oath, and to compel them to produce all evidence before it as provided in Section 2.32.060 of this Code.
(d)
The
hearing proceedings shall be recorded. Additionally, any party may
provide a certified shorthand reporter to maintain a record of the
proceedings at the party's own expense.
(e)
Preparation
of a record of the proceedings shall be governed by California Code
of Civil Procedure Section 1094.6.
(f)
The
Hearing Examiner shall administer the oath or affirmation to all individuals
providing testimony.
(g)
The
Hearing Examiner may grant continuances from time to time for good
cause shown. The Hearing Examiner may also continue the hearing on
his or her own motion.
(h)
The
hearing need not be conducted according to technical rules relating
to evidence and witnesses, except as provided in this Section. Any
relevant evidence shall be admitted if it is the sort of evidence
on which responsible persons are accustomed to rely in the conduct
of serious affairs regardless of the existence of any common law or
statutory rule which might make improper the admission of the evidence
over objections in civil actions. Hearsay evidence may be used for
the purpose of supplementing or explaining other evidence but shall
not be sufficient in itself to support a finding, unless it would
be admissible over objection in civil actions or no objection was
made to this use of hearsay evidence prior to the close of the hearing
before the Hearing Examiner.
(Added by Ord. 2043CCS § 3,
adopted 5/14/02)
(a)
At the place and time set forth in the notice of hearing, the Hearing Examiner shall conduct a hearing on the compliance order issued pursuant to Section 1.10.030.
(b)
The
Hearing Examiner shall consider any written or oral evidence, consistent
with the rules and procedures established hereto, regarding the violation
and compliance by the violator or by the real property owner.
(c)
Within
a reasonable time following the conclusion of the hearing not to exceed
thirty days, the Hearing Examiner shall make findings and issue his
or her determination regarding:
(d)
The
Hearing Examiner shall issue written findings on each violation. The
findings shall be supported by evidence received at the hearing.
(e)
If
the Hearing Examiner finds by a preponderance of the evidence that
a violation has occurred and that the violation was not corrected
within the time period specified in the compliance order, the Hearing
Examiner shall issue an administrative order.
(f)
If
the Hearing Examiner finds that no violation has occurred or that
the violation was corrected within the time period specified in the
compliance order, the Hearing Examiner shall issue a finding of those
facts.
(Added by Ord. 2043CCS § 3,
adopted 5/14/02)
If the Hearing Examiner determines that a violation occurred which was not corrected within the time period specified in the compliance order, the Hearing Examiner shall issue an administrative order described in Section 1.10.090 which imposes the following:
(a)
An
order to correct the violation, including a schedule for correction
where appropriate.
(Added by Ord. 2043CCS § 3,
adopted 5/14/02)
(a)
The
Hearing Examiner may impose administrative penalties for the violation
of any provision of this Code in an amount not to exceed a maximum
of twenty-five thousand dollars per day for each ongoing violation,
except that the total administrative penalty shall not exceed five
hundred thousand dollars) exclusive of administrative costs, interest
and restitution for compliance reinspection, for any related series
of violations.
(b)
The
amount of the administrative penalty shall be set according to the
following schedule:
(1)
Level A violations are violations that present a substantial probability
that death or serious physical harm to the public at large or person(s)
would result therefrom. Level A violations shall be subject to an
administrative penalty of five thousand dollars to twenty-five thousand
dollars.
(2)
Level B violations are violations that either: (A) present the threat,
but not substantial probability, that serious physical harm to the
public at large or person(s) would result therefrom; or (B) present
circumstances that are likely to cause and/or do cause serious harm
to public or private property; or (C) present a conscious and willful
disregard of: (i) a Hearing Examiner's order or orders, or (ii) orders
or notices of violation issued by any agency or commission authorized
to issue such orders or notices. Level B violations shall be subject
to an administrative penalty of two thousand five hundred dollars
to four thousand nine hundred ninety-nine dollars and ninety-nine
cents.
(3)
Level C violations are violations that present circumstances that
either: (A) are likely to cause and/or do cause harm to public or
private property; or (B) show repeated or continuous noncompliance
with: (i) a Hearing Examiner's order or orders, or (ii) orders or
notices of violation issued by any agency or commission authorized
to issue such orders or notices. Level C violations shall be subject
to an administrative penalty of one thousand dollars to two thousand
four hundred ninety-nine dollars and ninety-nine cents.
(4)
Level D violations are violations other than Level A, B or C violations.
Level D violations shall be subject to an administrative penalty of
one hundred dollars to nine hundred ninety-nine dollars and ninety-nine
cents.
(c)
In determining the actual amount of the administrative penalty within the appropriate level established by subsection (b) of this Section, the Hearing Examiner shall take the following factors into consideration:
(1)
The duration of the violation;
(2)
The frequency, recurrence and number of violations, related or unrelated,
by the same violator;
(3)
The seriousness of the violation;
(4)
The history of the violation;
(5)
The owner's or any other responsible party's conduct after issuance
of the administrative order;
(6)
The good faith efforts of the violator to come into compliance with
the administrative order;
(7)
The economic impact of the penalty on the violator;
(8)
The impact of the violation on the community;
(9)
Such other factors as justice may require.
(d)
Administrative
penalties imposed by the Hearing Examiner shall accrue from the date
specified in the compliance order and shall cease to accrue on the
date the violation is corrected as determined by the City Official
or the Hearing Examiner.
(e)
The
Hearing Examiner, in his or her discretion, may suspend the imposition
of applicable penalties for any period of time during which:
(f)
Administrative
penalties assessed by the Hearing Examiner shall be due by the date
specified in the administrative order.
(g)
Administrative
penalties assessed by the Hearing Examiner are a debt owed to the
City and, in addition to all other means of enforcement, if the violation
is located on real property, may be enforced by means of a lien against
the real property on which the violation occurred.
(h)
If the violation is not corrected as specified in the Hearing Examiner's order to correct, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth in Section 1.10.110(a).
(i)
If
the violator gives written notice to the City Official that the violation
has been corrected and if the City Official finds that compliance
has been achieved, the City Official shall deem the date the written
notice was postmarked or personally delivered to the City Official
or the date of the final inspection, whichever first occurred, to
be the date the violation was corrected. If no written notice is provided
to the City Official, the violation will be deemed corrected on the
date of the final inspection.
(Added by Ord. 2043CCS § 3,
adopted 5/14/02)
(a)
The
Hearing Examiner shall assess administrative costs against the violator
when it finds that a violation has occurred and that compliance has
not been achieved within the time specified in the compliance order
or any extension granted by the Hearing Examiner.
(b)
The
administrative costs shall include any and all costs incurred by the
City in connection with the matter before the Hearing Examiner including,
but not limited to, costs of investigation, staffing costs incurred
in preparation for the hearing and for the hearing itself, and costs
for all reinspections necessary to enforce the compliance order.
(Added by Ord. 2043CCS § 3,
adopted 5/14/02)
Failure to comply with the administrative order of the Hearing
Examiner, including failure to pay the assessed administrative penalties
and administrative costs specified in the administrative order may
be enforced as:
(a)
A
personal obligation of the violator; and/or
(b)
If
the violation is in connection with real property, a lien or special
assessment upon the real property. The lien or special assessment
shall remain in effect until all of the administrative penalties,
interest and administrative costs are paid in full; and/or
(c)
An infraction which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment, as authorized by Section 1.08.010.
(Added by Ord. 2043CCS § 3,
adopted 5/14/02; amended by Ord. 2286CCS § 3, adopted 4/7/09)
Any person aggrieved by an administrative order of the Hearing
Examiner may obtain review of the administrative order in the Superior
Court.
(Added by Ord. 2043CCS § 3,
adopted 5/14/02)
The City may collect the assessed administrative penalties and administrative costs by use of all available legal means, including recordation of a lien pursuant to Section 1.10.180 or imposition of a special assessment pursuant to the procedures established in Section 8.96.190(i).
(Added by Ord. 2043CCS § 3,
adopted 5/14/02; amended by Ord. 2286CCS § 4, adopted 4/7/09)
If the City Official determines that compliance has been achieved
after a compliance order has been sustained by the Hearing Examiner,
the City Official shall file a report indicating that compliance has
been achieved.
(Added by Ord. 2043CCS § 3,
adopted 5/14/02)
(a)
If the City Official does not file a report pursuant to Section 1.10.160 above, a violator who believes that compliance has been achieved may request a compliance hearing before the Hearing Examiner by filing a request for a hearing with the City Clerk.
(c)
The
Hearing Examiner shall determine if compliance has been achieved and,
if so, when it was achieved.
(Added by Ord. 2043CCS § 3,
adopted 5/14/02)
(a)
Whenever
the amount of any administrative penalty and/or administrative cost
imposed by the Hearing Examiner pursuant to this Chapter in connection
with real property has not been satisfied in full within ninety days
and/or has not been successfully challenged by a timely writ of mandate,
this obligation may constitute a lien against the real property on
which the violation occurred.
(b)
The
lien provided herein shall have no force and effect until recorded
with the County Recorder. Once recorded, the administrative order
shall have the force and effect and priority of a judgment lien governed
by the provisions of Section 697.340 of the California Code of Civil
Procedure and may be extended as provided in Sections 683.110 to 683.220,
inclusive, of the California Code of Civil Procedure.
(c)
Interest
shall accrue on the principal amount of the judgment remaining unsatisfied
pursuant to law.
(d)
Prior
to recording any such lien, the City Official of Finance shall prepare
and file with the City Clerk a report stating the amounts due and
owing.
(e)
The
City Clerk shall fix a time, date and place for hearing such report
and any protests or objections thereto by City Council.
(f)
The
Director of Finance shall cause written notice to be served on the
property owner not less than 10 days prior to the time set for the
hearing. Such notice shall be served as provided in Section 1.10.04.
(Added by Ord. 2043CCS § 3,
adopted 5/14/02)
(a)
Any person whose real property is subject to a lien pursuant to Section 1.10.180 may file a written protest with the City Clerk and/or may protest orally at the City Council meeting.
(b)
Each
written protest or objection must contain a description of the property
in which the protesting party is interested and the grounds of such
protest or objection.
(c)
The
City Council, after the hearing, shall adopt a resolution confirming,
discharging or modifying the amount of the lien.
(Added by Ord. 2043CCS § 3,
adopted 5/14/02)
Thirty days following the adoption of a resolution by the City Council imposing a lien pursuant to Section 1.10.190, the City Clerk shall file the same as a judgment lien in the Office of the County Recorder of Los Angeles County, California. The lien may carry such additional administrative charges as set forth by resolution of the City Council.
(Added by Ord. 2043CCS § 3,
adopted 5/14/02)
Once payment in full is received by the City for outstanding
penalties and costs, the Director of Finance shall either record a
notice of satisfaction or provide the property owner or financial
institution with a notice of satisfaction so they may record this
notice with the Office of the County Recorder. Such notice of satisfaction
shall cancel the City's lien.
(Added by Ord. 2043CCS § 3,
adopted 5/14/02)
As an alternative to the procedures set forth in Sections 1.10.180 through 1.10.200 of this Code, the public hearing before the City Council and the imposition of a lien by the City Council referenced in those sections may be conducted and imposed by the Hearing Examiner.
(Added by Ord. 2043CCS § 3,
adopted 5/14/02)
It shall be unlawful for the owner of any dwelling unit or structure
who has received a compliance order to sell, transfer, mortgage, lease,
or otherwise dispose of it to another until the provisions of the
compliance order have been complied with or until such owner shall
first furnish the grantee, transferee, mortgagee or lessee, with a
true copy of any compliance order and shall furnish to the code official
a signed and notarized statement from the grantee, transferee, mortgage,
or lessee, acknowledging the receipt of such compliance order and
fully accepting the responsibility without condition for making the
corrections or repairs required by such compliance order 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. 2043CCS § 3,
adopted 5/14/02)
