(a)
The
city council hereby finds that there is a need for an alternative
method of enforcing violations of this code, and for violations of
any conditions of approval of any land use entitlement authorized
by this code. The city council further finds that an appropriate and
alternative method of enforcement for violations is an administrative
citation program as authorized by Government Code Section 53069.4.
(b)
The
procedures for the imposition, enforcement, collection and administrative
review of civil fines established in this chapter shall be in addition
to, and not in lieu of, any criminal, civil or other legal remedy
established by law and available to the city to address violations
of this code.
(c)
The
purpose of issuing civil citations pursuant to this chapter is to
encourage voluntary and complete compliance with the provisions of
this code in order to protect the public health, safety and welfare
of the citizens of Laguna Beach; to provide a method of holding parties
responsible when they fail or refuse to comply with the provisions
of this code; and to minimize the expense and delay where the otherwise
sole remedy is to pursue responsible parties in the civil or criminal
justice system.
(d)
Use
of this chapter shall be at the sole discretion of the city.
(Ord. 1395 § 2, 2002; Ord. 1583 § 1, 2013)
The following definitions shall apply to the use of these terms,
words, and phrases for the purposes of this chapter. The singular
shall also imply the plural:
means a written notice to a responsible party that a violation
of this code has occurred and an assessment of civil fines issued
by an enforcement officer of the city.
means the Laguna Beach Municipal Code or any ordinance adopted
by the Laguna Beach city council, including, but not limited to, the
Subdivision Code, the Zoning Code, the Building Code, and all Uniform
Codes or other codes or regulations of the state of California or
the county of Orange duly adopted by reference or otherwise applicable
to the city of Laguna Beach. For the purposes of this chapter, the
term "code" shall extend to any duly authorized condition of approval
of any type of land use entitlement approved under the provisions
of any title or chapter adopted as part of the city of Laguna Beach
Municipal Code, including, but not limited to, administrative use
permits, building permits, coastal development permits, conditional
use permits, design review permits and temporary use permits.
means either: (1) a particular violation of the code continuing
for more than twenty-four hours without correction or abatement; or
(2) a repeated, consecutive violation of the same offense without
intervening days.
means the chief of police, fire battalion chief or the respective
directors of the community development, public works or water quality
departments of the city of Laguna Beach or their designees.
means the director of the community development department
of the city of Laguna Beach or designee.
means any officer, agent or employee of the city designated
by the city manager or a department head to have the authority and
responsibility to enforce certain provisions of this code.
means an impartial individual designated by the city manager in accordance with Section 1.15.100 to determine the civil liability of a person receiving an administrative citation.
means a written notice to a responsible party that a violation
of this code has occurred and a warning that an administrative citation
assessing fines will be issued unless the violation is ceased and
abated.
means any individual who is: (1) the owner, tenant, lessee
or occupant of real property; or (2) the owner, majority stock holder,
general partner or authorized agent of any business, company or entity;
or (3) the parent or the legal guardian of any person under the age
of eighteen years, who causes or maintains a violation of this code.
(Ord. 1395 § 2, 2002; Ord. 1438 § 2, 2004; Ord. 1583 § 1, 2013)
(a)
Any
responsible party violating, causing or maintaining a violation of
any provision of this code may be issued an administrative citation
by an enforcement officer assessing a civil fine as provided in this
chapter. A responsible party to whom a citation is issued shall be
liable for and shall pay to the city the fine or fines described in
the citation when due.
(b)
Any
enforcement officer of the city, upon determining that a provision
of this code that he or she is charged to enforce has been violated,
has the authority to issue an administrative citation to any responsible
party. Pursuant to this authority, the enforcement officer shall determine
the appropriate responsible party(ies) for each violation.
(c)
Each and every day a violation of this code exists constitutes a separate and distinct offense and will be subject to a separate fine. A single citation may charge a violation for one or more days on which a violation exists, and for violation of one or more code sections. Continuing violations shall automatically accrue fines beginning on the date the citation is issued until the abatement of the offense is properly verified in accordance with Section 1.15.080.
(d)
The
owner of any premises within the city has the responsibility for keeping
such premises free of violations related to the use or condition of
the property. The owner of such premises is a responsible party and
shall be separately liable for violations committed by tenants or
occupants relative to the use or condition of the property.
(Ord. 1395 § 2, 2002)
(a)
The
enforcement officer may, in his or her discretion, issue a notice
of violation to a responsible party where such party did not personally
cause the violation and is unaware that the violation is occurring
in a manner or place, which would render the party responsible. Such
notice of violation shall serve as a written warning of responsibility
and require immediate action by the responsible party to cease and
abate the violation. The notice of violation shall specify a date
by which the violation must be ceased and abated. If, after said correction
period following the written warning, the violation is not ceased
or abated, the enforcement officer may issue an administrative citation
assessing fines in accordance with this chapter.
(b)
In
accordance with Government Code Section 53069.4, no responsible party
shall be assessed a civil fine under this chapter for a continuing
violation pertaining to building, plumbing, electrical, zoning, or
other structural, design or land use regulation without first receiving
a warning and reasonable opportunity to correct or otherwise remedy
the violation.
(1)
In such circumstance, the enforcement officer shall issue a notice
of violation requiring cessation or abatement of the violation within
a stated period of time prior to the assessment of civil fines. The
stated period available to correct the violation prior to assessment
of fines shall be appropriate to the violation as determined by the
enforcement officer, but in no event less than five calendar days.
(c)
Any
responsible party cited for a continuing violation may petition the
relevant department head for an extension of time to correct the violation
so long as the petition is received before the end of the correction
period. The department head may at his or her discretion grant an
extension of time to correct the violation if the responsible party
has supplied sufficient evidence showing that the correction cannot
reasonably be made within the stated period.
(d)
The
procedures of this section shall not apply in the instance of a violation
that poses immediate danger to public health or safety. Each department
head shall maintain a list for his or her department generally describing
those violations that pose an immediate danger to public health or
safety.
(Ord. 1395 § 2, 2002; Ord. 1438 § 3, 2004)
The enforcement officer may issue a notice of violation and/or
administrative citation in accordance with this chapter on a form
approved by the city manager to a responsible party in the following
manner:
(a)
Personal
Service. In any case where an administrative citation is issued:
(1)
The enforcement officer shall attempt to locate and personally serve
the responsible party and obtain the signature of the responsible
party on the administrative citation.
(2)
If the responsible party served refuses or fails to sign the administrative
citation, the failure or refusal to sign shall not affect the validity
of the citation or of subsequent proceedings.
(b)
Service
of Citation by Mail. If the enforcement officer is unable to locate
the responsible party, the administrative citation shall be mailed
to the responsible party by certified mail, postage prepaid with a
requested return receipt. Simultaneously, the citation may be sent
by first class mail. If the citation is sent by certified mail and
the certification is returned unsigned, then service shall be deemed
effective pursuant to first class mail, provided the citation sent
by first class mail is not returned.
(c)
Service
of Citation by Posting Notice. If the enforcement officer does not
succeed in personally serving the responsible party, or by certified
mail or regular mail, the enforcement officer shall post the administrative
citation on any real property within the city in which the city has
knowledge that the responsible party has a legal interest, and such
posting shall be deemed effective service.
(Ord. 1395 § 2, 2002)
Each notice of municipal code violation shall at a minimum contain
the following information:
(a)
Name
of the person who is charged as a responsible party for the violation;
(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)
Date
on which citation is issued;
(e)
Whether
the offense is a continuing violation that shall accrue fines until
properly ceased and abated;
(f)
An
order to the responsible party to immediately correct the violation(s)
and an explanation of the consequences of failure to correct the violation(s);
(g)
The
amount of the fine for the violation(s), including the amount due
for the initial violation and any prospective daily fine for failure
to abate the violation (if applicable to a continuing violation);
(h)
An
explanation of how the fine shall be paid and the time period by which
it shall be paid;
(i)
An
explanation of how the abatement of the violation can be properly
verified (if applicable);
(j)
Identification
of rights of appeal, including the time within which the citation
may be contested and the place to obtain a request for hearing form
to contest the administrative citation;
(k)
The
name and signature of the enforcement officer and if possible the
signature of the responsible party; and
(l)
Notice
that the violation is a nuisance and that collection of unpaid fines
and/or nuisance abatement costs can be enforced as an assessment or
lien against the property where the violation occurs, that unpaid
assessments can result in the property being sold after three years
by the county assessor, and that assessments and liens for the fine
can be contested at an administrative hearing.
(Ord. 1395 § 2, 2002)
(a)
The
amount of the fines for violating particular provisions of this code
shall be set in a schedule of fines adopted by resolution by the city
council. The schedule may include escalating fine amounts for repeat
violations occurring within specified periods of time.
(b)
The
schedule of fines shall specify the amount of late payment penalty
owed for any fine not paid when due.
(Ord. 1395 § 2, 2002; Ord. 1438 § 4, 2004)
(a)
Upon
receipt of a citation, the responsible party must do the following:
(1)
Pay the Fine to the City within Thirty Days from the Issuance Date
of the Administrative Citation. All fines assessed shall be payable
to the city. 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.
(2)
Cease and Abate the Violation(s). If the offense is a continuing
violation and the responsible party fails to properly cease and abate,
fines shall accrue for each day until the abatement is properly verified.
Additionally, subsequent administrative citations may be issued for
the same violation(s). The amount of the fine for failure to correct
the violation shall increase at a rate specified in this chapter or
by resolution.
(b)
At any time following thirty days after the issuance of the citation, the city may deliver a collection bill to the responsible party requiring payment for all outstanding amounts owed for the violation, including the amount due for the initial violation and any accrual of daily fines from the date the citation was issued to the date the abatement of the offense is properly verified (if applicable) plus any appropriate late payment charge, less any amount remitted pursuant to subsection (a) of this section.
(c)
The
abatement of a continuing violation must be verified by an enforcement
officer of the city. The responsible party shall contact the phone
number designated on the citation and schedule an inspection by an
enforcement officer. Fines shall accrue until the abatement is verified,
less any days delayed by action of the city in scheduling said inspection.
(Ord. 1395 § 2, 2002)
(a)
Any person receiving an administrative citation may contest the citation by completing a request for hearing form and returning it to the city within twenty-one calendar days after the issuance date of the administration citation. Any request for hearing must be accompanied by an advance deposit of the fine assessed by the citation for the initial violation, unless waived by subsection (c) of this section. Any administrative citation fine that has been deposited shall be refunded if it is determined, after a hearing, that there was no violation(s) as charged in the administrative citation.
(b)
A
request for hearing shall not postpone or avoid the requirement of
a responsible party to abate a violation nor toll the daily fines
accruing for a continuing violation until the abatement of the offense
is properly verified. In the event the hearing officer upholds the
citation, the responsible party shall be liable for the total fines
accrued from the issuance of the citation to the date the abatement
is properly verified unless reduced by the hearing officer.
(c)
A
person seeking an administrative hearing may request a hardship waiver
of the fine deposit by filing with the relevant department head a
completed form provided by the department head that must be signed
under penalty of perjury. The request must be submitted along with
the request for hearing. The person requesting the waiver bears the
burden of establishing that he or she does not have the financial
ability to make the deposit. The department head shall decide the
request within three working days from date the request is received,
and the department head's decision is final. The applicant shall be
notified by telephone, facsimile, or in person of the decision on
the request. The filing of a request for hardship waiver does not
extend the time to file for an administrative hearing or pay the civil
fine when due. If the request for hardship waiver is denied, an administrative
hearing shall not be scheduled until and unless the fine deposit is
paid within five days following the department head's determination
on the request for hardship waiver.
(d)
Failure
to submit a timely and complete request for hearing shall terminate
a person's right to contest the citation and result in a failure to
exhaust administrative remedies, and the order of the citation shall
serve as a final determination and conclusive evidence of the named
responsible party's liability for the citation.
(e)
The
department head shall set a hearing before the hearing officer on
a date that is not less than fifteen and not more than sixty days
from the date that the request for hearing is filed in accordance
with the provisions of this section. The person requesting the hearing
shall be notified of the date, time and place set for the hearing
at least ten days prior to the date of the hearing, and be given any
additional written reports filed concerning the violation that are
provided to the hearing officer.
(Ord. 1395 § 2, 2002; Ord. 1438 § 5, 2004; Ord. 1612 § 1, 2016)
(a)
The
city manager shall designate a hearing officer for the administrative
citation hearing. The hearing officer shall not be a city employee.
The employment, performance evaluation, compensation and benefits
of the hearing officer, if any, shall not be directly or indirectly
conditioned upon the amount of administrative citation fines upheld
by the hearing officer.
(b)
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, unless waived in accordance with Section 1.15.090.
(c)
The
hearing officer shall only consider evidence that is relevant to whether
the violation(s) occurred and whether the responsible party has caused
or maintained the violation(s) of this code on the date(s) specified
in the administrative citation.
(d)
The
person contesting the administrative citation shall be given the opportunity
to testify and present witnesses and evidence concerning the administrative
citation.
(e)
Unless
requested in advance by the person contesting the administrative citation,
neither the enforcement officer nor any other representative of the
city shall be required to attend the hearing, provided that any such
appearance may be made at the discretion of the enforcement officer
or city manager.
(f)
The
failure of any recipient of an administrative citation to appear at
the administrative citation hearing shall constitute a forfeiture
of the fine and a failure to exhaust the administrative remedies,
and the order of the citation shall be a final determination.
(g)
The
administrative citation and any additional documents submitted by
the enforcement officer to the hearing officer shall constitute prima
facie evidence of the violation and the respective facts contained
in those documents.
(h)
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
certified mail on the person requesting the hearing at least five
days prior to the date of the hearing.
(i)
At
least ten 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.
No other discovery is permitted. Formal rules of evidence shall not
apply.
(j)
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. 1395 § 2, 2002)
(a)
After
considering all of the testimony and evidence submitted at the hearing,
the hearing officer shall issue a written decision within ten days
after the hearing to uphold or deny the administrative citation and
shall list in the decision the reasons for that decision. The decision
of the hearing officer shall be final.
(b)
If
the hearing officer determines that the administrative citation should
be upheld, then the city shall retain the fine amount on deposit with
the city. If the citation is upheld, the responsible party shall be
further liable for any balance of fines owed from the date of issuance
of the citation to the date that the abatement is verified, or as
otherwise determined by the hearing officer.
(c)
If
the hearing officer determines that the administrative citation should
be canceled, the city shall refund the amount of the deposited fine
within thirty days of that decision.
(Ord. 1395 § 2, 2002)
Any person 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 appropriate Orange
County Superior Court in accordance with the timelines and provisions
as set forth in California Government Code Section 53069.4, as may
be amended from time to time.
(Ord. 1395 § 2, 2002)
(a)
The
city at its discretion may pursue any and all legal and equitable
remedies for the collection of unpaid fines, interest and penalties
and the further abatement or enforcement of any violation of this
code. Pursuit of one remedy does not preclude the pursuit of any other
remedies until the total fines, interest and penalties owed by a person
under this chapter have been collected.
(b)
The
city may refuse to issue, extend, or renew any city permit, license,
or other city approval to any person, who has unpaid delinquent fines,
interest, penalties, liens or assessments due under this chapter that
are related to the permit, license or approval.
(c)
The city may suspend any permit, license or land use approval issued to a person who has unpaid fines related to the permit, license or approval totaling five hundred dollars or more that have been delinquent for over thirty days. The suspension shall become effective five days after notice of the suspension is placed by the city in the U.S. mail, postage prepaid, addressed to the person and shall continue until the delinquency is paid in full. The person may request an administrative hearing pursuant to the procedures in Section 1.15.090 on the issue of fine delinquency only, if the request is filed with the department head before the five day period ends. Continuing to operate under a suspended permit, license or approval shall be grounds for revocation of the permit, license or approval. Revocation may be made by the city planning commission or design review board/board of adjustment, as appropriate, at a public hearing for which the same notice shall be given as required for issuance of the permit, license or approval involved, but in no event shall there be less than ten business days written notice.
(d)
It
shall be unlawful for a person issued a citation to fail to pay any
civil fine, interest or penalty imposed pursuant to this chapter.
The city attorney, at his or her discretion, may issue a criminal
citation or complaint for an infraction to any person issued a citation
who fails to make such a payment. The criminal fine for this violation
shall be a mandatory minimum of one hundred dollars.
(e)
Any
violation of this chapter shall constitute a nuisance. To compel code
compliance, the city may seek to abate the nuisance and collect the
costs incurred by means of a nuisance abatement lien and/or special
assessment against the property where the violation occurred. Any
unpaid delinquent civil fines, interest and penalties may be recovered
as part of any such lien or special assessment against the property
of the responsible party where the violation occurred pursuant to
Government Code Sections 38773.1 and 38773.5.
(f)
To
pursue an abatement of a code violation as a nuisance and recover
the costs, including any delinquent civil fines, interest and penalties,
as an abatement lien or special assessment, the city manager may at
his or her discretion request the county recorder to record a notice
of the lien and take any other necessary action to enforce collection
of this lien.
(g)
To
pursue an abatement of a code violation as a nuisance and recover
the costs as a special assessment, including any delinquent civil
fines, interest and penalties, the city manager may at his or her
discretion send to the county tax collector a notice of the abatement
costs and/or delinquent fines, interest and penalties, requesting
that these sums be collected as an assessment against the responsible
party's property where the violation occurred. The city manager may
also take any other steps necessary to enforce collection of this
assessment, including the recording of a notice of assessment against
the property involved. The assessment shall be imposed on the date
the citation is issued to the responsible party and becomes effective
upon the recording of a notice of assessment by the county recorder.
(h)
The
city manager may utilize the procedures of this section to collect
delinquent civil fines, interest and penalties by means of an abatement
lien and/or special assessment provided the amount of the delinquent
fines, interest and penalties totals two hundred fifty dollars or
more and has been delinquent for sixty days or more. The city manager
may pursue these remedies whether or not the city is pursuing any
other action to terminate an ongoing code violation that was the basis
for the fine.
(i)
A
responsible party may contest the amount and/or validity of any lien
or assessment for a civil fine at any administrative hearing he or
she requests concerning the violation. Pursuit of such an objection
by a responsible party is necessary to exhaust the administrative
remedies concerning a legal challenge to the validity of any such
lien or assessment.
(Ord. 1395 § 2, 2002; Ord. 1438 § 6, 2004)
(a)
The administration citation and all notices to be given by this chapter shall be served on the responsible party in accordance with Section 1.15.050 of this chapter, where applicable.
(b)
Failure
to receive any notice specified in this chapter does not affect the
validity of proceedings conducted hereunder.
(Ord. 1395 § 2, 2002)
