As used in this chapter:
"Administrative citation"
means a written notice that mandates corrective action and
establishes a fine as a penalty for noncompliance.
"City agreement"
means and includes, but is not limited to, a development
agreement, owner participation agreement, disposition and development
agreement, road maintenance agreement, easement, license, other real
property use agreement, and agreement to implement an ordinance, plan,
permit, entitlement, or review approved by the City.
"City Manager"
means the City Manager of the City of Imperial Beach, or
designee.
"Enforcement officer"
means any City employee or agent of the City, any officer
or employee of the City with the authority to enforce the Imperial
Beach Municipal Code, including, but not limited to, a code enforcement
officer, lifeguard, parking enforcement officer, inspector, and the
fire marshal, which has the authority and responsibility to enforce
provisions of this code.
"Hearing Officer"
means the person selected by the City Manager to conduct
an administrative hearing pursuant to the provisions of this chapter.
"Permit or entitlement"
means and includes, but is not limited to, a conditional
use permit, sign permit, variance, specific plan, parcel map, subdivision
map, building or grading permit, encroachment or right-of-way permit,
business license, stormwater permit, and any other permit required
by this code.
"Responsible person"
means an individual, partnership, corporation, limited liability
company, nonprofit corporation, trustee, association or any other
legal entity, and who is any of the following:
1.
The owner or occupant of real property;
2.
The holder or the agent of the holder of any permit, entitlement,
or review;
3.
The party or the agent of a party to an agreement covered by
this chapter;
4.
The owner or the authorized agent of any business, company,
or entity subject to this chapter; or
5.
The parent or legal guardian of any such person under the age of 18 years and who violates any ordinance, regulation, permit, entitlement, review, or agreement described in Section
1.22.030 of this chapter.
"Review"
means and includes, but is not limited to, a development
review, environmental impact report, mitigated negative declaration,
negative declaration, and determination of categorical exemption.
(Ord. 2005-1024 § 2)
A. Any person who violates any provision of the Imperial Beach Municipal
Code or regulation of the City, any condition of approval of a permit
or entitlement, any condition of an environmental review, or any term
or condition of any agreement with the City made pursuant to the police
power may be issued an administrative citation by an enforcement officer
as provided in this chapter. A violation of this code includes, but
is not limited to, all violations of the municipal code and the failure
to comply with any condition imposed by any entitlement, permit, City
agreement or environmental review issued or approved pursuant to this
code.
B. Each and every day that a violation of the municipal code exists
constitutes a separate and distinct offense. A separate citation may
be issued for each day a violation occurs.
C. A civil fine shall be assessed by means of an administrative citation
issued by the enforcement officer and shall be payable directly to
the City of Imperial Beach.
D. Fines shall be assessed in the amounts specified by resolution of
the City Council, or as follows where no amount is otherwise specified:
1. A fine not exceeding $100.00 for a first violation;
2. A fine not exceeding $200.00 for a second violation of the same ordinance
or permit within an 18-month period from the date of the first violation;
3. A fine not exceeding $500.00 for the third violation of the same
ordinance or permit within an 18-month period from the date of the
first violation;
4. A fine not exceeding $1,000.00 for each additional violation of the
same ordinance or permit within an 18-month period from the date of
the first violation.
E. A second or subsequent violation need only be of the same ordinance,
term, or condition to require the larger fine, and need not involve
the same personnel or property, provided that the same responsible
person is cited. The fine amounts shall be cumulative where multiple
citations are issued.
F. If the violation pertains to building, plumbing, electrical, or other
similar structural or zoning issues, that do not create an immediate
danger to life, health, or safety of persons or property, then the
responsible person shall be issued a warning only on the first violation.
The warning will advise the responsible person of the nature of the
violation and the date upon which the violation shall be corrected.
The responsible person will be given a reasonable period of time to
correct the violations, and the time provided to correct the violation
will depend on the nature and extent of work required. If the violation
is not corrected within that time period, an administrative citation
with a fine shall be issued.
G. Cost Recovery, Generally. Any person who violates any provision of the municipal code, any condition of approval of a permit or entitlement, any condition or provision of an environmental review, or any term or condition of any City agreement is liable for all costs incurred by the City to investigate, remedy, and prosecute such violation, including, but not limited to, the cost to compile the invoice and attorneys' fees. The City will maintain an accurate accounting of its costs and may recover such costs in accordance with the procedures outlined in Section
1.16.230 of this code after proceeding through the invoice and hearing procedures found in Sections
1.16.150 through
1.16.160.
(Ord. 2005-1024 § 2; Ord. 2010-1109 § 2; Ord. 2023-1228, 6/21/2023)
Upon receipt of a citation, the responsible person must do the
following:
A. Pay
the fine to the City within 30 calendar days from the date the administrative
citation is issued. All fines assessed shall be payable to the Imperial
Beach City Treasurer. Payment of a fine shall not excuse or discharge
the failure to correct the violation(s) nor shall it bar further enforcement
action by the City; or
B. Contest
the administrative citation and request an administrative hearing
within 30 calendar days from the date the administrative citation
is issued.
(Ord. 2005-1024 § 2; Ord. 2010-1109 § 3)
A. Any
recipient of an administrative citation may contest that there was
a violation of the municipal code or that he or she is the responsible
person by completing a request for hearing form and returning it to
the City within 30 calendar days from the date the administrative
citation is issued.
B. The
request for hearing form must be accompanied by either an advanced
deposit of the fine or a request for hardship waiver. Any administrative
citation fine which has been deposited shall be refunded if it is
determined, after a hearing, that the person charged in the administrative
citation was not responsible for the violation(s) or that there was
no violation(s) as charged in the administrative citation.
(Ord. 2005-1024 § 2; Ord. 2010-1109 § 4)
A. A person
who files a request for an administrative hearing may also request
at the same time a hard-ship waiver of the fine deposit. To seek such
a waiver and obtain a separate hearing on the request, the responsible
person must check the box indicating this request on the form contained
on the reverse side of the citation and attach a state-ment of the
grounds for the request. To be effective, this form requesting the
waiver and the administrative hearing must be received by the City
Manager's office within 15 calendar days of the date the citation
is issued.
B. The
waiver request will be decided by the City Manager and issue the advance
deposit hardship waiver only if the responsible party submits to the
City Manager a sworn affidavit, together with any supporting documents
or materials, demonstrating to the satisfaction of the City Manager
the person's actual financial inability to deposit with the City the
full amount of the fine in advance of the hearing.
C. The
City Manager shall inform the responsible party in writing of whether
the waiver was approved, by serving the party personally or by mail
at the addressed provided in the waiver application. The City Manager's
determination is final and is not subject to appeal or judicial review.
D. If the
waiver is denied, the responsible party shall pay the fine amount
within 10 calendar days. Failure to make the deposit by the time required
shall be deemed an abandonment of the contest and renders the fine
delinquent.
(Ord. 2005-1024 § 2; Ord. 2010-1109 § 5)
A. No hearing
to contest an administrative citation before a Hearing Officer shall
be held unless and until a request for hearing form has been completed
and submitted, and, the fine has been deposited in advance, or an
advance deposit hardship waiver has been issued.
B. A hearing
before the Hearing Officer shall be set for a date that is not less
than 15 calendar days and not more than 60 calendar days from the
date that the request for hearing is filed in accordance with the
provisions of this chapter. The responsible party requesting the hearing
shall be notified of the time and place set for the hearing at least
10 calendar days prior to the date of the hearing.
C. At least
10 calendar days prior to the hearing, the recipient of an administrative
citation shall be provided with copies of the citations, reports and
other documents submitted or relied upon by the enforcement officer.
If, after copies of documents have been provided to the responsible
party, the City determines to submit to the Hearing Officer additional
documents then, whenever possible, a copy of such documents shall
be provided to party prior to the hearing. No other discovery is permitted.
Formal rules of evidence shall not apply.
D. The
Hearing Officer shall only consider evidence that is relevant to whether
the violation(s) occurred and whether the responsible person has caused
or maintained the violation(s). Courtroom rules of evidence shall
not apply. Relevant hearsay evidence and written reports may be admitted
whether or not the speaker or author is present to testify if the
Hearing Officer determines that the evidence is reliable. Admission
of evidence and the conduct of the hearing shall be controlled by
the Hearing Officer in accordance with the fundamentals of due process.
The Hearing Officer may limit the total length of the hearing to one
hour, and shall allow the responsible party at least as much time
to present its case as is allowed the City.
E. At the
hearing, the reasonable party requesting the hearing shall be given
the opportunity to present, either themselves or through a representative,
evidence and testimony concerning the administrative citation. The
City's case shall be presented by an enforcement officer or by any
other authorized agent of the City.
F. The
failure of the responsible party, either personally or through counsel,
of an administrative citation to appear at the administrative citation
hearing shall constitute a forfeiture of the fine and a failure to
exhaust his or her administrative remedies.
G. The
Hearing Officer may consolidate administrative citations issued to
the same owner or responsible party.
H. 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.
(Ord. 2005-1024 § 2; Ord. 2010-1109 § 6)
A. After
considering all of the testimony and evidence submitted at the hearing,
the Hearing Officer may announce a decision orally, but in any event,
shall prepare a written decision. The decision shall be provided to
the parties within 10 calendar days of the hearing and shall either
affirm the issuance of the citation as issued or dismiss the citation.
The decision shall briefly state the reasons for the conclusion of
the Hearing Officer. The City shall personally deliver the notice
of decision for the administrative hearing to the responsible party.
The decision of the Hearing Officer shall be final. If the Hearing
Officer determines that First Amendment rights are involved, the decision
shall be issued orally at the conclusion of the hearing and shall
be effective immediately. A written decision shall thereafter be issued
as provided hereinbelow.
B. If the
Hearing Officer affirms the issuance of the administrative citation,
then the deposit with the City shall be retained by the City. If a
hardship waiver was granted, the decision shall set forth a payment
schedule for the fine.
C. If the
Hearing Officer determines that the administrative citation should
be canceled and the fine was deposited with the City, then the City
shall refund the deposit within 10 calendar days of the Hearing Officer's
decision.
D. The
Hearing Officer shall not have the power to reduce the fine. The Hearing
Officer may impose conditions and deadlines to correct any violations
or require payment of any outstanding penalties.
(Ord. 2005-1024 § 2; Ord. 2010-1109 § 7)
A. The
failure of any person to pay the civil fines imposed by an administrative
citation within the time specified on the citation may result in the
filing of a claim with the small claims court or the superior court
for recovery of the fine. The only issue to be adjudicated by the
court shall be whether or not the fines were paid. A person cited
may only obtain judicial review of the validity of the citation by
writ of mandate after exhausting their administrative remedies by
requesting and participating in an administrative hearing before a
Hearing Officer. In the court action, the City may also recover its
collection costs, including the cost of the Hearing Officer, and any
court fees, according to proof.
B. In lieu
of or in addition to the filing of a court action, the amount of the
unpaid fine plus interest and late charges as provided by this chapter,
may be declared a special assessment against any real property owned
by the responsible party and the City may impose a code enforcement
lien, in the amount of the fine plus interest and late charges, on
the real property upon which the violation occurs. The City Manager
shall record a notice of lien in the office of the County Recorder.
When so made and confirmed, the cost shall constitute a lien on that
property for the amount of the assessment.
C. After
confirmation and recordation, a copy shall be turned over to the tax
collector for the County of San Diego. At that point, it will be the
duty of the tax collector to add the amounts of the respective assessments
to the next regular property tax bills levied against the lots and
parcels of land for municipal purposes. Those amounts shall be collected
at the same time and in the same manner as ordinary property taxes
are collected, and shall be subject to the same penalties and procedures
under foreclosure and sale as provided for with ordinary municipal
taxes. In the alternative, after recording, the lien may be foreclosed
by judicial or other sale in the manner and means provided by law.
D. The
City at its discretion may pursue any and all legal and equitable
remedies for the collection of unpaid fines, interest and penalties.
The use of one recovery method does not preclude the use of any other
recovery method.
(Ord. 2005-1024 § 2; Ord. 2010-1109 § 8)
If the violation is corrected within a reasonable time after
the decision of the Hearing Officer, the City Manager shall have the
discretion to reduce any cumulative fines to a total of not less than
$1,000.00 upon good cause shown by the responsible person. The determination
of the City Manager shall be final and shall not be subject to appeal
or judicial review. Fines shall not otherwise be reduced.
(Ord. 2005-1024 § 2)
Any responsible party who fails to pay a fine imposed by this
chapter on or before the date that payment is due, shall also be liable
for the payment of a late payment charge of 25% of the fine. In addition,
delinquent fines shall accrue interest at the rate of 10% per month,
excluding penalties, from the due date.
(Ord. 2005-1024 § 2)
Any reasonable party 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 San Diego Superior Court in accordance with the timelines and
provisions as set forth in California
Government Code Section 53069.4.
Said procedure shall under this chapter, notwithstanding that the
term or condition being enforced pursuant to this chapter may not
be a matter covered by Section 53069.4(a). Judicial review of a citation
shall not be available without first participating in a hearing as
provided in this chapter.
(Ord. 2005-1024 § 2)
The City's failure to comply with any procedural requirement
of this chapter, failure of any person to receive any notice or decision
specified in this chapter, or of any person to receive any copy required
to be provided by this chapter shall not affect the validity of proceedings
conducted hereunder unless the responsible person is denied constitutional
due process thereby.
(Ord. 2005-1024 § 2; Ord. 2010-1109 § 9)
In addition to, or in the alternative to, issuing an administrative
citation, the City Manager or enforcement officer is authorized to
serve a notice of violation upon a responsible person in response
to any violation of the Imperial Beach Municipal Code or regulation
of the City, any condition of approval of a permit or entitlement,
any condition of an environmental review, or any term or condition
of any agreement with the City made pursuant to the police power,
or any order by or on behalf of the City or by a Hearing Officer.
The notice of violation shall include the following information:
A. The name and address of the responsible person;
B. Date, approximate time, and address or definite description of the
location where the violation(s) was observed;
C. The code sections or conditions violated and a description of the
violation(s);
D. A description of corrective actions needed to bring the property
into compliance;
E. A reasonable deadline for completion of the corrective actions needed
to bring the property into compliance;
F. The City Manager or enforcement officer may extend the deadline to
complete the corrective action for a reasonable period beyond those
limits in the discretion of the City Manager or enforcement officer;
G. The consequences that may occur for failure to bring the property into compliance within the deadline provided in the notice including, but not limited to, any other remedy available under the municipal code, administrative citations, administrative hearing, recordation of notices of violation, civil or criminal action, and nuisance abatement as set forth in Chapter
1.16.
H. A notice of violation may be recorded only if the following conditions
are met:
1. The violation(s) have remained uncorrected on the property for at
least 30 days following service of the notice of violation;
2. The owner, if not the responsible person, has been notified of the
possibility of recordation and has been afforded the opportunity to
correct the violation(s); and
3. The property owner and responsible person have been noticed and offered a hearing before a Hearing Officer as described in this Chapter
1.22 or, as an alternative if the violation constitutes a nuisance, the nuisance abatement hearing procedures set forth in Chapter
1.16, to contest the notice of violation, proposed corrective action, and proposed recordation.
I. The City Manager or enforcement officer is authorized to record the
notice of violation pursuant to this section if: (1) the violation
continues to exist; and (2) there is no timely hearing requested,
or at the conclusion of any hearing, should the City prevail.
J. The City Manager, or designee, shall issue to the property owner
and responsible person a signed notice of compliance which states
on its face that it cancels the notice of violation once all violations
have been corrected and any administrative penalties, costs and fines
involved in the enforcement process have been paid. The notice of
compliance shall be recorded by the City Manager, or designee, if
the notice of violation was recorded.
(Ord. 2023-1228, 6/21/2023)