The following definitions apply to the use of these terms for
the purposes of this section:
"Business day"
means any day the city of La Habra is open for business.
"Citation"
means an administrative citation issued pursuant to this
chapter to remedy any violation.
"Citee"
means any person served with an administrative citation charging
him or her as a responsible person for a violation.
"City"
means the city of La Habra, a municipal corporation.
"City manager"
means the city manager of the city or his or her designee.
"Code"
means the La Habra Municipal Code and any code adopted by
reference therein.
"Community preservation inspector"
means any employee or agent of the city designated by the
city manager or otherwise having the authority to enforce any provision
of the code in accordance with the provisions of this chapter.
"Day"
means a calendar day.
"Department"
means any department of the city that shall have issued or
is authorized to issue an administrative citation in accordance with
the provisions of this chapter.
"Enforcement officer"
means any employee or agent of the city designated by the
chief of police, city manager or otherwise having the authority to
enforce any provision of the code in accordance with the provisions
of this chapter, including any police officer, code enforcement officer,
animal control officer, community preservation inspector, or building
inspector.
"Hearing officer"
means the person appointed by the city manager to serve as
the hearing officer for administrative hearings hereunder.
"Issuance," "issued," "served"
or "service"
means one of the following methods of delivery:
1.
Service in the same manner as personal service of a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title
5 of Part 2 of the
Code of Civil Procedure, and such service shall be effective on the date of delivery; or
2.
Mailing by first class United States mail, postage prepaid to
the address shown on the official records of the county assessor or
other known address of an individual, and such service shall be effective
three days after mailing.
3.
If the enforcement officer does not succeed in personally serving
any notice or citation on a person or citee, or in serving such notice
or citation by mail, the enforcement officer shall post the notice
or citation on any real property within the city, in which the enforcement
officer has reasonably verified that the individual or citee to whom
the notice or citation is addressed has a legal interest, and such
service by posting shall be deemed effective as of the date of posting.
"Person"
means a natural person or a legal entity, including any informal
association or group of individuals, partnership, corporation or limited
liability company.
"Responsible person"
means a person who causes a code violation to occur, or allows
a violation to exist or continue, by his or her action or failure
to act, or whose agent, employee, or independent contractor causes
a violation to occur, or allows a violation to exist or continue.
There is a rebuttable presumption that the record owner of a parcel,
as shown on the county's latest equalized property tax assessment
rolls and lessees, tenants, occupants and any others with possession
or control over a parcel has notice of, and is therefore responsible
for, any violation existing on said property. For the purposes of
this chapter, there may be more than one responsible person for a
violation.
"Violation" or "violates"
refers to any violation of any provision of the code and
also means the failure to comply with any condition or requirement
imposed on any permit, license, land use approval, or any other approval
issued to a person under or pursuant to this code.
(Ord. 1687 § 1, 2007)
A. An administrative
citation or citations may be imposed on any responsible person for
any violation in accordance with the provisions of this chapter, by
the issuance of a citation hereunder as a remedy to enforce compliance
with applicable provisions of the code.
B. Any
enforcement officer may issue an administrative citation to any responsible
person pursuant to this chapter.
C. A citee
shall be liable for and shall pay to the city the fine(s) permitted
to be imposed by this chapter, as specified in the citation, unless
the citee is relieved of the obligation to pay such fine(s) by a final
decision in the citee's favor after an informal review, administrative
hearing and/or appeal pursuant to this chapter. However, the payment
of such fine(s) shall not relieve any person from any violation(s)
or continuing violation(s) for which such fine(s) has been imposed
and paid. Any responsible person shall continue to be subject to the
provisions of this chapter as to any violation(s) or continuing violation(s)
and shall be responsible for complying with the provisions of the
code and correcting any and all violations of the code.
D. Each
administrative citation issued by an enforcement officer shall contain
the following information:
1. The
name of one or more responsible persons charged with any violation
subject to enforcement by this chapter.
2. Address
of the location of the violation(s).
3. Driver's
license number of violator (if available).
4. The
date or dates on which the responsible person(s) violated the code
or the date on which violation(s) were observed.
5. The
section or sections of the code so violated.
6. The
amount of the fine to be imposed for each cited violation and a reasonable
period of time, but not more than seven days unless the enforcement
officer determines that some longer period of time is reasonably warranted
and/or necessary under the circumstances, for a citee to correct or
otherwise remedy a continuing violation prior to the imposition of
administrative fines or penalties, except that a fine may be immediately
imposed upon any continuing violation pertaining to building, plumbing,
electrical or other similar structural or zoning issues that create
an immediate danger to health and safety.
7. The
date or dates when the fine(s) will be imposed unless the violation(s)
are corrected prior to the date(s) specified in the citation.
8. A
notice of the procedure and time period to request an administrative
hearing to contest the citation.
9. The
name, badge number, and signature of the person who issued the citation.
10. The date the citation is issued.
11. Any other information deemed necessary by the city manager or chief
of police for enforcement or collection purposes.
(Ord. 1687 § 1, 2007; Ord. 1715 § 1, 2010)
A. Any
citee may contest the citation by filing a written request for an
administrative hearing within thirty days of the date the citation
is issued. To request a hearing, the citee shall sign and file the
written request as indicated on the citation. The request form shall
state the grounds for contesting the citation. A citee may contest
the citation by denying that the citee owns, possesses, or controls
the property where the violation exists, denying that the citee is
responsible for the violation described in the citation, or denying
that a violation exists or existed.
B. To be
effective, the request for an administrative hearing must be filed
with the city or its designated agent.
(Ord. 1687 § 1, 2007; Ord. 1715 § 3, 2010)
A. A citee who has requested an administrative hearing pursuant to Section
1.20.060 must deposit with the city or its designated agent the amount of the proposed fine and applicable administrative hearing fee, which shall be as set from time to time by resolution of the city council, to ensure his or her appearance at the hearing. A request for a hearing shall not be complete and shall not be accepted unless it is accompanied by the deposit. The amount of the fine and the hearing fee shall be immediately refundable upon a final decision in favor of the citee pursuant to Section
1.20.090.
B. The
hearing shall be set on a date that is no less than ten and no more
than sixty business days after the date the administrative hearing
request was filed, unless continued at the request or with the agreement
of the citee. The citee shall be notified in writing of the hearing
date. The failure of the citee to appear at the administrative hearing
shall constitute a waiver of the citee's right to a hearing
on the citation and any defenses to the citation that the citee may
have asserted. Such failure to appear shall also constitute a failure
to exhaust administrative remedies concerning the violation(s) described
in the citation shall constitute an admission of the truth of all
matters contained in the citation and a validation of the fine(s)
imposed in the citation, and shall support a final decision by the
hearing officer upholding the citation in its entirety.
C. Advance
deposit hardship waiver. Any person who intends to request a hearing
to contest a citation and who is financially unable to make the advance
deposit of the fine and hearing fee as required herein may file a
request for an advance deposit hardship waiver. The procedure for
filing the waiver is as follows:
1. The
request shall be filed with the city or its designated agent on a
deposit hardship waiver form, available from the community development
department. This waiver form must be filed within the same time required
for the filing of the request for a hearing.
2. The
hearing officer may issue the advance deposit hardship waiver only
if he or she finds that there is sufficient evidence that the citee
has an actual financial inability to deposit with the city the full
amount of the fine and/or the hearing fee in advance of the hearing.
3. The
hearing officer shall issue a written determination listing the reasons
for his or her decision to issue or not issue the advance deposit
hardship waiver. The written determination of the hearing officer
shall be final.
4. The
requirement of depositing the full amount of the fines and/or the
hearing fee shall be stayed until the hearing officer makes a determination
not to issue the advance deposit hardship waiver.
5. If
the hearing officer determines not to issue an advance deposit hardship
waiver, the citee shall remit the required deposit and fee for the
appeal 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.
(Ord. 1687 § 1, 2007; Ord. 1715 § 4, 2010)
After considering all the evidence and testimony submitted before
or at the hearing, the hearing officer shall issue his or her written
decision on the contested citation within ten business days after
the completion of the hearing. The decision of the hearing officer
shall either uphold or deny the citation or any portion thereof and
state the facts and reasons supporting the decision. The written decision
shall be filed with the city and a copy thereof shall be mailed to
the citee. The decision of the hearing officer is final.
(Ord. 1687 § 1, 2007)
A. Each
order of a hearing officer that establishes the amount of any fine(s)
payable by a citee to the city shall constitute a money judgment.
Each such money judgment shall be enforceable pursuant to the general
laws. The city at its discretion may pursue any and all legal and
equitable remedies to which the city may be entitled for the collection
of unpaid fines and penalties. Pursuit of one remedy does not preclude
the pursuit of any other remedies.
B. 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. 1687 § 1, 2007; Ord. 1715 § 5, 2010)
Any person who fails to pay to the city, on or before the due
date, any administrative fine imposed pursuant to the provisions of
this article, shall be liable for the payment of the applicable late
payment charges as follows:
A. For
payments received within thirty days after the due date, a late fee
in the amount of fifty percent of administrative fine due;
B. For
payments received more than thirty days after the due date, a late
fee in the amount of fifty percent of administrative fine due, plus
an additional ten percent of the overdue administrative fine for each
month the payment is overdue.
C. The
maximum late fee shall be one hundred percent of the overdue administrative
fine.
(Ord. 1715 § 6, 2010)
The city may collect any past-due administrative fine or late
payment charges by use of any available legal means, including the
lien procedure set forth in this chapter.
(Ord. 1715 § 6, 2010)
Failure to comply with an administrative order after it becomes
final, or to pay an administrative fine or late payment charges, is
a misdemeanor. Filing a criminal misdemeanor action does not preclude
the city from using any other legal remedy available to gain compliance
with an administrative order, or to collect any past-due administrative
fine or late payment charges.
(Ord. 1715 § 6, 2010)