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 California 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 address violations of the code by any person and to obtain immediate compliance. By adopting the ordinance codified in this chapter, the city does not intend to limit its authority to employ any other remedy, civil or criminal, to address 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 the code shall be subject to an administrative fine pursuant to this chapter.
D. 
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 the adverse impacts 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. 686 § 1, 2005)
The following definitions shall apply for purposes of administering this chapter:
"Citation"
means an administrative citation issued pursuant to this chapter to remedy a violation.
"Citee"
means any person served with an administrative citation charging him or her as a responsible person for a violation of this code.
"City manager"
means the city manager of the city of Los Alamitos or his or her designee.
"Code"
means the Los Alamitos Municipal Code and any code adopted by reference.
"Code enforcement officer"
means any employee or agent of the city of Los Alamitos designated by the city manager to enforce any provision of this code who has issued a citation pursuant to this chapter.
"Costs"
shall have the meaning set forth in California Code of Civil Procedure Section 1033.5, including, without limitation, attorneys' fees. In addition to such items, all of the following shall be included within the definition of "costs":
1. 
Personnel costs of the city, as actually incurred by the city (for contractors and consultants) or based on established rates of employee costs as adopted by resolution of the city council from time to time. Such personnel costs shall include, but not be limited to, the costs incurred by the city to pay any contractor to abate a public nuisance.
2. 
Costs of administrative hearings, including, hearing officer costs and reporter costs.
3. 
Accrued interest at the maximum rate established by law.
"Day"
means a calendar day.
"Department"
means any department of the city of Los Alamitos that shall have issued an administrative citation.
"Hearing officer"
means the person, whether a city employee or third party, selected by the city manager to serve as the hearing officer for administrative hearings held pursuant to this chapter.
"Issuance," "issued" or "served"
means either of the following:
1. 
The preparation and service in the same manner as 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; or
2. 
Mailing by certified mail, return receipt requested, to the address of the responsible person, the citee, or the owner of the subject property, as shown on the county of Orange last equalized assessment roll or the supplemental roll, whichever is more current, as the case may be. Service shall be deemed complete at the time of deposit into the mail.
"Nontransient violation"
means any violation of this code that pertains to zoning, building, plumbing, electrical, or other similar structural or zoning issues, that does not create an immediate danger to health or safety.
"Person"
means a natural person or a legal entity that is also an owner, tenant, lessee or other person with any right to possession or control of the property where a violation of this code exists.
"Responsible person"
means a person who causes a violation of this code to occur, or allows a violation to exist or continue to exist, 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 of Orange latest equalized property tax assessment rolls, and a lessee of a parcel has notice of any violation existing on such property. For the purposes of this chapter, there may be more than one responsible person for a violation.
"Transient violation"
means any violation of this code other than a nontransient violation.
"Violation" or "violates"
refers to any violation of any provision of this code, 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, and the failure to obtain any permit, license, land use approval, or any other approval required pursuant to this code.
(Ord. 686 § 1, 2005)
A. 
An administrative citation may be issued to any responsible person for a violation of any provision of this code, for a failure to comply with any condition or requirement imposed on any permit, license, land use approval or other approval issued under or pursuant to this code, or the failure to obtain any permit, license, land use approval, or any other approval required pursuant to this code.
B. 
Any peace officer, code enforcement officer or any other person designated by the city manager and/or the code may issue an administrative citation to a responsible person pursuant to this chapter.
C. 
A citee shall be liable for and shall pay to the city the fine(s) described in the citation unless: (1) such person corrects the violation or violations described in the citation within the period specified in the citation; or (2) such person appeals the imposition of the fine(s) by requesting an administrative hearing, as provided herein, and is relieved of the obligation to pay the fine(s). The payment of fines shall not relieve any person from any violation of the provisions of the code for which such fines have been imposed and paid. Any such person shall continue to be responsible for complying with the provisions of the code and correcting any and all violations of the code.
D. 
Each administrative citation shall contain the following information:
1. 
The name of the person charged with any violation of the code;
2. 
The date(s) on which the person violated the code;
3. 
The location where the violation occurred;
4. 
The section(s) of the code violated and a description of the violation;
5. 
A description of the action required to correct the violation;
6. 
The amount of the fine to be imposed for each violation of the code;
7. 
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;
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 an administrative hearing request form may be obtained;
9. 
The name and signature of the code enforcement officer who issued the citation;
10. 
The date the citation is issued;
11. 
Any other information deemed necessary by the city manager for enforcement or collection purposes.
E. 
Each and every day a violation of the code exists constitutes a separate and distinct offense and shall be subject to a separate administrative fine or penalty.
(Ord. 686 § 1, 2005)
A. 
Each person who is issued a citation shall be subject to the imposition and payment of an administrative fine or fines as provided herein.
B. 
The amount of the administrative fines shall be established by resolution of the city council.
C. 
In the case of a violation of any transient violation, a fine shall imposed without an opportunity to cure or correct such violation, and the citee shall be required to abate the violation, if necessary, immediately.
D. 
In the case of a violation of any nontransient violation, the fine(s) imposed by the citation shall not become effective for 15 days following the date on which the citation is issued for the purpose of allowing the citee to correct the violation without incurring any liability to the city for the payment of such fine(s). However, the director of the department that issued the citation may, in his or her sole discretion, extend the period for up to 30 additional days; provided that the citee demonstrates that he or she has made substantial progress to correct the violation, that he or she has been diligent in correcting the violation and that he or she was unable to correct the violation within the initial 15 day period from the issuance of the citation. The citee must submit a written request, within five business days of the issuance of the citation, to such director seeking an extension. The request shall contain a description of the corrections made, the corrections remaining to be made, the date when the violation shall be corrected, and the facts indicating why correcting the violation is not possible or practicable within the initial 15 day period. The director of the department that issued the citation shall respond in writing within five business days of receipt of the request; and the decision of the director shall be final. Unless the citee corrects the violation(s) described in the citation within the 15 day period from the issuance of the citation or such other extended period as may have been granted, the fine(s) imposed by the citation shall become effective on the sixteenth day following the issuance of the citation and the fine(s).
E. 
All administrative fines imposed hereunder shall be made payable to the city of Los Alamitos. Payment of a fine shall not excuse the citee from complying with the provision of the code. 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, including the issuance of additional civil and/or criminal 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, the court may include in any order issued by that court, an order or judgment requiring payment of any fines theretofore issued and unpaid.
(Ord. 686 § 1, 2005)
A. 
Any citee may contest the citation and the proposed fine by filing a written request for an administrative hearing. To request a hearing, the citee shall sign and file the request form provided by the city clerk. The request form shall state the grounds for contesting the citation and/or the proposed fine. A citee may contest the citation and the proposed fine 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, denying that a violation exists or existed, or proving that the violation was corrected within the period described in the citation or such further period granted by the applicable director. A citee may not raise any issue or defense at the hearing, or in any subsequent court action, that was not included on the request form.
B. 
To be effective, the request for an administrative hearing must be filed with the city clerk within 10 days of the date the citation was issued. If the citee mails the request form, the request form shall be deemed filed with the city clerk on the date on which it is received in the office of the city clerk.
C. 
A citee who has requested an administrative hearing must deposit with the city the amount of the proposed fine 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 required by this section.
D. 
Notwithstanding subsection C of this section, any citee who intends to request an administrative hearing and is financially unable to make the advance deposit of the fine or penalty as required herein, may file a request for an advance deposit hardship waiver. The citee shall complete an advance deposit hardship waiver form and return it to the city manager along with the written request for hearing. The citee may request an advance deposit hardship waiver form by telephone, mail or in person, but shall be solely responsible for assuring its receipt, completing and returning it within the required time. The city manager may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the citee submits the required advance deposit hardship waiver form and includes a sworn affidavit and any supporting documents or materials demonstrating to the satisfaction of the city manager that it would be a significant financial detriment on the citee to deposit the full amount of the fine or penalty in advance of the hearing. The requirement for depositing the full amount of the fine or penalty shall be delayed until the city manager makes this determination. Written notice of the city manager's determination on the hardship waiver shall be served on the citee. The notice shall include a brief description of the reasons for the city manager's determination to issue or not issue the advance deposit hardship waiver. The written determination of the city manager shall be final. If the city manager determines not to issue an advance deposit hardship waiver, the citee shall remit the deposit amount to the city manager within five days of service of that decision.
E. 
In the event that the citee files a timely request for a hearing, the city manager shall advise the citee by letter of the date, time and place set for the hearing at least 10 days prior to the date of the hearing. The hearing shall be set on a date that is no less than 15 days and no more than 60 days from the date the request for a hearing is filed with the city in accordance with this section.
(Ord. 686 § 1, 2005)
An administrative hearing conducted pursuant to this chapter shall comply with the following:
A. 
The hearing shall be conducted by a hearing officer on the date, time and place specified in the notice issued pursuant to Section 1.24.050(E). The hearing shall proceed solely on the issues or defenses raised in the request for a hearing filed by the citee. All matters not contested in said request shall be deemed admitted.
B. 
The city shall have the burden to establish the truth of any matter in the citation that has been contested by the citee by a preponderance of the evidence. 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. If the code enforcement officer submits an additional written report concerning the citation to the hearing officer, then a copy of such report shall be served on the citee by certified mail, return receipt requested at least five days prior to the date of the hearing.
C. 
The citee shall be given the opportunity to testify and to present written and oral evidence relevant to the matters raised in the request regarding the violation(s) described in the citation.
D. 
The citation and any additional report submitted by the code enforcement officer shall be admitted into evidence and shall constitute prima facie evidence of all matters contained therein.
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. 
The failure of the citee to appear at the administrative hearing shall constitute forfeiture of the fine and a failure to exhaust his or her administrative remedies. Such failure to appear 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, which shall be ordered in the decision of the hearing officer.
(Ord. 686 § 1, 2005)
A. 
The hearing officer shall be selected by the city manager in a manner consistent with applicable law. If the hearing officer selected is not an employee of the city, he or she may be compensated for the time expended in providing such service based upon a written agreement for that purpose. The hearing officer's employment or compensation shall not be based on the number of citations affirmed or denied by the hearing officer.
B. 
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. All continuance requests shall be made in person at or before the hearing. If the continuance is granted, a new hearing date shall be set within 15 days. The hearing officer shall have the authority to issue subpoenas.
C. 
After considering all the evidence and testimony submitted at the hearing, the hearing officer shall issue his or her written decision on the contested citation within 15 days. 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. If the citation is upheld, the hearing officer also shall order the imposition of a fine in the amount stated in the citation, plus any costs incurred and requested by the city, and compliance with the code within five days. If the citation is denied, the hearing officer shall order the return of the deposited fine, which return shall occur within 60 days following the written order of the hearing officer. The written decision shall be filed with the city clerk and the citee shall be served with a copy thereof.
D. 
All decisions and orders of a hearing officer shall become final unless appealed for judicial review by the citee as provided herein.
(Ord. 686 § 1, 2005)
A. 
The citee or the city may seek judicial review of the decision of the hearing officer in accordance with the provisions of California Government Code Section 53069.4 by filing an appeal with the superior court within 20 days after service of the hearing officer's written decision upon the citee pursuant to section 1.24.070(C). No appeal shall be permitted from a decision based upon the failure of the citee or the city to appear at the administrative hearing or upon any other waiver of the administrative hearing by the citee or the city.
B. 
If an appeal of any decision or order of a hearing officer that ordered the citee to pay any fine(s) and/or costs to the city is affirmed, in whole or part, the judicial officer hearing the appeal shall enter an order requiring the citee to pay such fine(s) and/or costs to the city and said order on appeal shall constitute a money judgment in favor of the city against the citee.
(Ord. 686 § 1, 2005)
A. 
Each final order of a hearing officer that establishes the amount of fines or costs payable by a citee to the city shall constitute a money judgment. Each such money judgment shall be enforceable pursuant to the general laws of the state of California.
B. 
Each final order of a hearing officer that establishes the amount of fines or costs payable by a citee to the city also shall constitute a sister state judgment. To enforce any such sister state judgment, the city may apply for the entry of a judgment pursuant to Chapter 1 (commencing with Section 1710.10) of Title 11 of Part 3 of the Code of Civil Procedure.
(Ord. 686 § 1, 2005)