A. 
This chapter authorizes the imposition of administrative fines on any person who violates any provision of this code in order to encourage and obtain compliance with the provisions of this code for the benefit and protection of the entire city. This chapter governs the imposition, enforcement, collection and administrative review of all administrative fines imposed under authority of Government Code Section 53069.4 and the police power of the city.
B. 
The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city authorized hereunder; and the issuance of a citation to any person constitutes but one remedy of the city to redress violations of the code by any person. By adopting this chapter, the city does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this code by any person, which the city may otherwise pursue.
C. 
Every person who applies for and receives a permit, license, land use approval (e.g., subdivision map, conditional use permit, variance) or any other approval required by the city shall comply with all conditions imposed upon the issuance of such permit, license or approval. A violation of any condition of such permit, license or approval shall be subject to an administrative fine under the provisions of this chapter. Likewise, any person who fails to obtain any permit, license, land use approval or any other approval from the city when such a person is so required by any provision of the code shall be subject to an administrative fine under this chapter.
D. 
Any person in violation of any provision of the municipal code shall be subject to an administrative citation.
E. 
Because of the serious blighting conditions that result from persistent or prolonged failure to comply with the provisions of this code and the effect of such conditions on the desirability and marketability of surrounding properties and on the public health, safety and welfare, this chapter imposes strict civil liability upon the owners of real property for all violations of this code existing on their real property.
(Ord. 1687 § 1, 2007)
A. 
Notwithstanding any other vested authority, duties or functions of any officer of the city, each city official or employee vested with the duty or authority to issue permits or licenses or to administer and enforce certain provisions of this code is authorized and empowered to issue citations for the violation of those sections of this code which such official is authorized to enforce and/or to administer. For the purposes of this section a city official authorized to issue citations shall have the powers of a police officer.
B. 
The issuance of any citation under the provisions of this section is intended to be practiced with discretion and shall be exercised as a procedure for citing violators of this code who have failed to comply only when normal enforcement or administrative procedures have failed or cannot be readily implemented for arresting or stopping an imminent violation.
C. 
For purposes of this section, the term "city official" shall be construed to include duly authorized representatives or appointed assistants.
D. 
Procedural guidelines for the implementation of the issuance of citations as set forth in this section may be adopted from time to time as a policy resolution of the city council.
(Ord. 1687 § 1, 2007)
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.
"Chief of police"
means the police chief of the city or his or her designee.
"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.
"Police officer"
means any sworn peace officer acting on behalf of the city.
"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. 
Each citee shall be subject to the imposition and payment of administrative fine(s) as set forth herein.
B. 
The administrative fine for a violation shall be in amounts as established from time to time by resolution of the city council.
C. 
All administrative fines imposed hereunder shall be made payable to the city and shall be paid to the city's director of finance or his or her designee within the time specified in the citation or not later than thirty days after service of the citation, if no time is specified.
D. 
The issuance of a citation or payment of any fine, or both, shall not bar the city from instituting any other enforcement action or remedy to obtain compliance with the provisions of the code so violated including the issuance of additional citations. In the event such other enforcement action includes a court action, and the citation has not been both appealed and resolved in the citee's favor, said court may include in any order issued by that court, an order or judgment requiring payment of any fines theretofore issued and unpaid.
(Ord. 1687 § 1, 2007)
A. 
Any citee may contest the citation by filing a written request for an informal review within ten days of the date the citation is issued. To request an informal review, 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: (1) denying that the citee owns, possesses, or controls the property where the violation exists; (2) denying that the citee is responsible for the violation described in the citation; or (3) denying that a violation exists or existed.
B. 
To be effective, the request for an informal review must be filed with the city or its designated agent.
C. 
Failure to request an informal review shall not waive a citee's right to request an administrative review regarding the validity of the citation pursuant to Section 1.20.060 of this chapter.
(Ord. 1715 § 2, 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)
A. 
The hearing shall be conducted by a hearing officer on the date, time and place specified in the notice of hearing, which shall be not less than fifteen nor more than thirty business days from the date that the request for hearing is filed. The hearing shall proceed solely on the issues or defenses presented in the request for a hearing filed by the citee.
B. 
The city shall have the burden to establish, by a preponderance of the evidence, the truth of any matter in the citation that has been contested by the citee in the request for hearing. The citation shall be admitted into evidence and shall constitute prima facie evidence of all matters contained therein. In addition, the city may present such other evidence and reports as may be necessary or helpful to the hearing officer to resolve the issues raised by the citee.
C. 
The citee shall be given the opportunity to testify and to present evidence relevant to the matters raised in the request regarding the violation(s) described in the citation. There shall be a rebuttable presumption that the record owner of a parcel, as shown on the county's latest equalized property tax assessment rolls, and a lessee of a parcel has notice of, and responsibility for, any violation existing on said property. This presumption may be rebutted by the citee proving otherwise by a preponderance of the evidence.
D. 
The citation, and other reports prepared by the enforcement officer issuing the citation, or at his or her request, concerning the violation(s) or its attempted correction shall be accepted by the hearing officer as prima facie evidence of the violation(s).
E. 
The hearing shall be conducted informally and the rules of evidence need not be followed, provided that the decision of the hearing officer on any material issue may not be based upon hearsay evidence alone.
F. 
Neither the 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 enforcement officer or any city employee or agent having authority over the citation and/or the administrative hearing on behalf of the city.
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 citee at least five days prior to the date of the hearing.
H. 
At least ten days prior to the hearing, the citee shall be provided with copies of the citations, reports, and other documents submitted or to be relied upon by the enforcement officer at the hearing. No other discovery is permitted.
I. 
The hearing officer may continue the hearing on a citation upon the request of the citee, or the citee's representative, or the representative of the city upon a showing of good cause, unless the parties mutually agree on a continuance. If a continuance is agreed to or granted, a new hearing date shall be set within fifteen days.
(Ord. 1687 § 1, 2007)
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. 
The citee or the city may seek judicial review of any final decision on a contested citation by filing an appeal pursuant to California Government Code Section 53069.4 with the Superior Court within twenty calendar days after service of the decision in accordance with the provisions of California Government Code Section 53069.4. No appeal shall be permitted from a decision based upon the failure of the citee to appear at the administrative hearing or upon any other waiver of the administrative hearing by the citee, these constituting a material failure of the citee to exercise administrative remedies.
B. 
If an appeal of any decision or order of a hearing officer that ordered the citee to pay any fine(s) to the city is affirmed by the Superior Court, in whole or part, the judicial officer of the Superior Court hearing the appeal may enter an order requiring the citee to pay such fine(s) to the city and said order on appeal shall constitute a money judgment in favor of the city against the citee, which may be collected by the city in the manner provided for herein and as permitted by law.
(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)
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)
A. 
If the citee fails to satisfy in full the assessed administrative fines and costs by the time specified in the administrative order, and no timely appeal of the administrative order has been filed with the Orange County Superior Court, the city may recover the outstanding fines and costs by imposing a lien against the real property on which the violation occurred.
B. 
Prior to recording the lien with the Orange County Recorder's Office, the city council shall conduct a hearing to hear any protest or objection to the lien. The citing official shall serve notice of the hearing upon the owner of record of the real property, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of hearing shall include the time, date, and place of the hearing, and shall be served upon the owner of record by certified mail return receipt and by first class mail at least ten days before the date of the hearing. If the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and by publication of the notice at least ten days prior to the hearing in a newspaper of general circulation published in Orange County and distributed within the city. If there is no such newspaper, then service of the notice may be provided in any manner authorized by law.
C. 
If the city council determines that the lien should be imposed, then the citing official shall prepare and file with the finance department a report stating the amount due and owing.
D. 
After the report is filed with the finance department, the citing official may cause the lien to be recorded with the county recorder. Once recorded, the lien shall have the force and effect and priority of a judgment lien.
E. 
The remedies set forth in this section are not exclusive and may be used in addition to those set forth elsewhere in this code or in state law. The city may collect any past due fines and costs by use of any available legal means.
(Ord. 1715 § 6, 2010)