A. 
No person shall violate or fail to comply with any provision or requirement of this code or any other city ordinance. Any person who shall violate or fail to comply with any provision or requirement of this code or any other city ordinance, or a condition of any permit issued pursuant to this code or any other city ordinance, shall be guilty of a misdemeanor, unless (1) such a violation or failure is designated as an infraction or is subsequently prosecuted as an infraction, in which case such person shall be guilty of an infraction; or (2) such a violation or failure is prosecuted as a civil administrative action pursuant to this chapter. Any person, business, organization, corporation or other entity that fails to pay an administrative fine or to comply with an administrative order is guilty of a misdemeanor as provided in this chapter. The determination of whether a violation will be prosecuted criminally shall be subject to the sole discretion of the city attorney or city prosecutor, depending on which official is responsible for prosecution of such violations as crimes.
B. 
Every day any violation of this code or any other city ordinance shall continue shall constitute a separate offense.
C. 
Unless otherwise specifically provided in this code or by the city council, any person guilty of a misdemeanor for violation of a provision of this code shall be punished by a fine of not more than one thousand dollars, or by imprisonment for a period of not more than six months, or by both such fine and imprisonment.
D. 
Unless otherwise provided by law, any person who has committed an infraction shall be punished for a first violation by a fine not exceeding one hundred dollars; by a fine not exceeding two hundred dollars for a second violation of the same provision of this code occurring within one year; and by a fine not exceeding five hundred dollars for each additional violation of the same provision of this code occurring within the same year.
Notwithstanding the foregoing, any person who has been convicted of violating any provision of a building and safety code of the city, or failing to comply with any of the requirements thereof, where such violation or failure is deemed to be an infraction, is punishable for a first violation by a fine not exceeding one hundred dollars; by a fine not exceeding five hundred dollars for a second violation of the same provision of this code occurring within one year; and by a fine not exceeding one thousand dollars for each additional violation of the same provision of this code occurring within the same year.
E. 
Notwithstanding any other provision of this code, when a person under eighteen years of age is charged with a violation of this code, and such person is issued a notice to appear in a traffic court of competent jurisdiction as a result thereof, the charge shall be deemed to be an infraction unless the minor requests that a petition be filed pursuant to Section 601 or 602 of the Welfare and Institutions Code.
F. 
The violation of any of the provisions of this code or any city ordinance constitutes a nuisance and may be abated by the city through civil process by means of restraining order, preliminary of permanent injunction or in any other manner provided by law for the abatement of such nuisances. The prevailing party in any action, administrative proceeding, or special proceeding to abate a nuisance pursuant to this section shall be entitled to its reasonable attorneys' fees if: (1) the city elected to seek recovery of its own attorneys' fees at the initiation of the action, administrative proceeding, or special proceeding; and (2) the award of attorneys' fees does not exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.
G. 
The city council declares that, should any provision, section, paragraph, sentence or word of this code or city ordinance be rendered or declared invalid by any final court action by a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this code and such ordinance shall remain in full force and effect.
(Ord. 1485 § 2, 2006; Ord. 1518 § 2, 2008)
Whenever any person is arrested for any violation of this code, the arrested person shall be taken without unnecessary delay before a magistrate who has jurisdiction over the offense and is nearest or most accessible with reference to the place where the arrest is made, when the person arrested:
A. 
Fails to present a driver's license or other satisfactory evidence of identity for examination;
B. 
Refuses to give a written promise to appear in court, in accordance with Chapter 1.08 of this code;
C. 
Demands an immediate appearance before a magistrate.
(Ord. 1485 § 2, 2006)
In addition to, or in place of, any other remedy which is allowed by law, whether administrative, criminal, civil, or equitable, there is hereby established an administrative penalty that may be imposed in connection with any violation of this code.
(Ord. 1485 § 2, 2006)
The following words and phrases, when used in the context of this chapter, shall have the following meanings:
"Citing official"
means any city police officer, or other officer or employee authorized by the city manager or otherwise by law, to issue administrative citations pursuant to this chapter.
"City manager"
means the city manager of the city of Buena Park, or the city manager's designee.
"Legal interest"
means any ownership interest of any person in real property as evidenced by title or ownership documents or instruments which have been recorded with the Orange County recorder's office or which are on file with, or in possession of, any other governmental entity. Legal interest shall also include the property interest of lessees or tenants of real property, as well as all sublessors thereof.
"Person"
means any natural person, business, organization, corporation or other entity.
"Responsible person"
means any natural person, business, organization, corporation, or other entity determined by a citing official to be responsible for causing, maintaining, permitting, or allowing a violation of this code. Responsible person includes but is not limited to any person, business, organization, corporation, or other entity having an ownership or possessory interest in property, or any agent thereof with actual or apparent authority, possession, or control of property, as well as any other person, business, organization, corporation or other entity that creates, permits, or allows a violation of this code to occur or be maintained.
(Ord. 1485 § 2, 2006)
Any person violating or who has violated any section of this code that is subject to this chapter may be issued an administrative citation by a citing official as provided in this chapter.
(Ord. 1485 § 2, 2006)
An administrative citation shall contain all of the following information:
A. 
The date and location of the violation and the approximate time the violation occurred or was detected;
B. 
The code section violated and a description of the violation;
C. 
The amount of the fine imposed for the violation, and the time within which and the place at which the fine shall be paid;
D. 
An order prohibiting another occurrence of the code violation;
E. 
A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation;
F. 
The name and signature of the citing official.
(Ord. 1485 § 2, 2006)
Except as provided below, the citing official may issue an administrative citation, on a form approved by the city manager or, pursuant to this chapter, serve a compliance order as described in Section 1.04.260 on a responsible person using either of the following methods:
A. 
Personal Service. The citing official may issue the administrative citation or serve a compliance order by personal delivery thereof to a responsible person. The citing official shall attempt to obtain on the administrative citation or compliance order the signature of the responsible person. If the responsible person or person served refuses or fails to sign the administrative citation or compliance order, the failure or refusal to sign shall not affect the validity of the citation, the compliance order or of subsequent proceedings. Service shall be deemed effective on the date of delivery.
B. 
Mail. The citing official may mail the administrative citation or compliance order to the responsible person by registered mail. Service shall be deemed effective on the date of mailing.
C. 
Posting. If the citing official does not succeed in serving the responsible party personally or by registered mail, the citing official shall post the administrative citation or compliance order on any real property within the City in which the responsible person has a legal interest and, when so posted, shall be deemed effective service as of that date.
D. 
Publication. If the citing official does not succeed in serving the responsible person personally, by registered mail or by posting, the citing official shall cause the administrative citation to be published once a week for four successive weeks in a local newspaper published, in English, at least once a week. Service shall be deemed effective upon the final date of publication.
(Ord. 1485 § 2, 2006)
A. 
For any violation of this code for which there is no specific administrative penalty established in this code or by the city council, the fine shall be in the amount of one hundred dollars for a first violation; two hundred dollars for a second violation of the same provision of this code occurring within a twelve month period; and five hundred dollars for each additional violation of the same provision of this Code occurring within a twelve month period.
B. 
Administrative fines assessed pursuant to an administrative citation are a debt owed to the city.
(Ord. 1485 § 2, 2006)
The fine imposed pursuant to this chapter for a particular violation and for any subsequent violation of the same code section, shall be in the amount set forth, if any, in the bail schedule established by resolution of the city council. The administrative fine shall be paid to the within twenty days from the date of service of the administrative citation. If, after a hearing requested pursuant to this chapter, the hearing officer determines that the administrative citation should be cancelled, the administrative fine shall be refunded in accordance with the provisions of this chapter.
(Ord. 1485 § 2, 2006)
A. 
Any responsible person to whom an administrative citation is issued may contest the citation by (1) completing a request for hearing form and returning it to the finance department; and (2) either depositing the administrative fine with the finance department or providing notice that a request for an advance deposit hardship waiver has been filed pursuant to this chapter. A request for hearing form may be obtained from the finance department.
B. 
Any responsible person desiring an administrative hearing shall file with the finance department a completed request for hearing form and the administrative fine or completed hardship waiver form pursuant to this chapter within twenty days from the date of service of the administrative citation. In the event of any dispute as to the date of filing, the date indicated on a file stamped copy in the finance department's office or a finance department-file stamped copy in the possession of the responsible party shall control. The responsible person's failure to file the request for hearing form and the fine or hardship waiver form within twenty days of the date of service of the administrative citation shall constitute a waiver of the right to a hearing.
C. 
The person requesting the hearing shall be notified by registered mail of the time and place of the hearing at least ten days before the date of the hearing. Any documentation, other than the administrative citation the citing official has submitted or will submit to the hearing officer, shall be served on the person requesting the hearing by registered mail at least five days before the date of the hearing.
(Ord. 1485 § 2, 2006)
A. 
Any responsible person who requests an administrative hearing and who is financially unable to deposit the administrative fine as provided in this chapter may file a request for an advance deposit hardship waiver. The request shall be filed with the finance department on an advance deposit hardship waiver application form, available from the finance department, no later than twenty days after service of the administrative citation. The responsible person's failure to file a completed form, with all supporting documents, within twenty days after service of the administrative citation shall constitute a waiver of the right to receive a hardship waiver. In the event of any dispute as to the date of filing, the date indicated on a file stamped copy in the finance department's office or a finance department-file stamped copy in possession of the responsible party shall control.
B. 
The city manager may issue an advance deposit hardship waiver only if the person requesting the waiver submits a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the city manager, the person's financial inability to deposit with the city the full amount of the fine in advance of the hearing. The city manager shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be served upon the person requesting the waiver by registered mail. The decision shall be deemed served on the date of mailing. If the city manager determines that the waiver is not warranted, the person shall remit the full amount of the fine to the finance department within ten days of service of the city manager's written decision. The city manager's decision whether to issue a hardship waiver shall be final.
(Ord. 1485 § 2, 2006)
Only after a request for hearing form is received by the finance department within the required period, and the responsible person requesting the hearing has either deposited the administrative fine in full or obtained an advance deposit hardship waiver (hereinafter a "perfected appeal"), shall the city set the date and time for the administrative hearing. The hearing shall be set for a date not less than fifteen days nor more than sixty days after an appeal becomes a perfected appeal. The city shall send notice of the date, time, and place of the hearing to the person requesting the hearing by registered mail at least ten days before the date of the hearing.
(Ord. 1485 § 2, 2006)
The responsible person requesting a hearing may request one continuance, and the city may continue the hearing on its own initiative, but in no event shall the hearing begin later than ninety days after the date the appeal becomes a perfected appeal.
(Ord. 1485 § 2, 2006)
The city manager shall establish procedures for the selection of administrative hearing officers. In no event, however, shall the same person who issued the administrative citation or any person who has been "adverse" to the recipient of the citation in any other legal or administrative proceeding, be the administrative hearing officer.
(Ord. 1485 § 2, 2006)
Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of that party's case and to cross-examine witnesses. The city bears the burden of proof at an administrative hearing to establish a violation of this code. Administrative citations, compliance orders and any additional reports submitted by the citing official shall constitute prima facie evidence of the facts contained in those documents. The administrative hearing officer must use preponderance of evidence as the standard of review in deciding the issues.
(Ord. 1485 § 2, 2006)
If the responsible person fails to attend the scheduled hearing, the hearing will proceed without the responsible person, and the responsible person will be deemed to have waived the right to an administrative hearing.
(Ord. 1485 § 2, 2006)
The administrative hearing officer shall issue a written decision entitled "administrative order" no later than thirty days after the date on which the administrative hearing concludes. The administrative order shall include the administrative hearing officer's written decision to uphold, modify or cancel the administrative citation. The decision shall set forth the reasons for the decision. If the administrative hearing officer upholds the administrative citation, the city shall retain the fine deposited by the responsible person. If the administrative hearing officer upholds the administrative citation and the fine has not been deposited pursuant to an advance deposit hardship waiver, the administrative hearing officer shall specify in the decision a payment schedule for the fine. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be promptly refunded. The administrative order shall be served upon the responsible person by registered mail. Service shall be deemed effective on the date of mailing. The administrative order shall become final on the date of service, and shall provide notice to the responsible person of the right to appeal as provided in this chapter.
(Ord. 1485 § 2, 2006)
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 chapter, 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. The maximum late fee shall be one hundred percent of the overdue administrative fine.
(Ord. 1485 § 2, 2006)
Within twenty days after service of the decision of the administrative hearing officer upon the responsible person, the responsible person may seek de novo review of the decision by filing a notice of appeal with the Orange County Superior Court. The responsible person shall serve upon the finance department, either in person or by registered mail, a copy of the notice of appeal. If the responsible person fails to timely file a notice of appeal, the administrative hearing officer's decision shall be deemed confirmed.
(Ord. 1485 § 2, 2006)
The responsible person seeking review of an administrative order must pay a fee of twenty-five dollars, or such other fee as may be established by city council resolution, to the Orange County Superior Court. In the event that the court finds in favor of the responsible person, the city will refund this fee to the responsible person.
(Ord. 1485 § 2, 2006)
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. 1485 § 2, 2006)
The conviction and punishment of any person for failure to comply with the provisions of this chapter shall not relieve such person from paying any tax, fee, penalty, or interest due and unpaid at the time of such conviction, nor shall payment prevent a criminal prosecution or a civil or administrative penalty for the violation of any of the provisions of this chapter. All remedies shall be cumulative, and the use of any one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.
(Ord. 1485 § 2, 2006)
The administrative remedy provided in this chapter for any continuing violation of this code related to building, plumbing, electrical, mechanical or other similar structural or zoning issues, that does not create an immediate danger to health or safety, may be exercised in place of, or in addition to, any other remedy which is allowed by law, whether administrative, criminal, civil, or equitable. If a violation is not prosecuted criminally, the city may proceed with civil or administrative proceedings pursuant to this chapter.
(Ord. 1485 § 2, 2006)
Whenever the citing official determines that there exists a continuing violation of any provision of this code related to building, plumbing, electrical, mechanical or other similar structural or zoning issues, that does not create an immediate danger to health or safety, the citing official shall issue or cause to be issued a written compliance order to any responsible person, and such order shall be served by the citing official as provided in this chapter.
(Ord. 1485 § 2, 2006)
A compliance order shall contain all of the following information:
A. 
The date and location of the violation and the approximate time the violation occurred;
B. 
The municipal code section violated and a description of the violation;
C. 
The action required to correct the violation and the date by which such action must be completed. Except as otherwise provided in this section, the date for compliance shall not be less than thirty days from the date the compliance order is served;
D. 
The consequences of failing to correct the violation, including a description of the administrative hearing procedure and appeal process;
E. 
The time period after which administrative fines will begin to accrue if there is not full compliance with the order;
F. 
The amount of the fine that will be imposed if there is not full compliance with the order;
G. 
The name and signature of the citing official.
(Ord. 1485 § 2, 2006)
A. 
If the citing official determines that all violations specified in the compliance order have been corrected within the time set forth in the order, no further action shall be taken against the responsible person regarding the violations.
B. 
When a compliance order is issued, if the responsible person provides written notice that the violation has been corrected, and if the citing official finds compliance, the citing official shall deem the date the written notice was postmarked or personally delivered to the city official to be the date the violation was corrected. If, however, a final inspection confirms compliance before mailing or personal delivery of a written notice, or if no written notice is provided, the date of final inspection shall be the date the violation was corrected.
(Ord. 1485 § 2, 2006)
If the responsible person fails to fully comply with the compliance order within the time specified therein, the citing official may issue an administrative citation as provided in this chapter. The issuance of the administrative citation does not obviate the responsible person's obligation to fully comply with the compliance order.
(Ord. 1485 § 2, 2006)
A. 
If an administrative citation is appealed by the responsible person and an administrative hearing is held as provided in this chapter, the administrative hearing officer shall issue a written decision entitled "administrative order" no later than thirty days after the date on which the administrative hearing concludes. The administrative hearing officer shall make findings within the administrative order regarding the existence of the violation(s) specified in the compliance order, and regarding whether the responsible person took the required corrective action within the time period set forth in the compliance order. If the administrative hearing officer concludes that the violation continues to exist, the administrative order shall set forth a schedule for correction. If the administrative hearing officer determines that the violation(s) set forth in the compliance order did not exist, or that the violation(s) was (were) timely corrected, all proceedings regarding the violation(s) shall immediately cease and the administrative citations shall be canceled. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be promptly refunded. The administrative order shall be served upon the responsible person by registered mail. Service shall be deemed effective on the date of mailing.
B. 
The administrative order shall impose administrative fines and costs as provided in this chapter.
C. 
The administrative order shall become final on the date of service, and shall notify the responsible person of the right to appeal as provided in this chapter. The administrative order shall set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal.
(Ord. 1485 § 2, 2006)
The administrative hearing officer shall assess against the responsible person administrative costs for any violation found to exist, or for any violation which was not timely corrected. The administrative costs include any and all costs incurred by the city in connection with prosecuting the violation, including but not limited to costs of investigation, staffing costs in preparation for the administrative hearing and for the hearing itself, attorneys' fees and costs and costs for all inspections necessary to enforce the compliance order and the administrative order. The administrative order shall specify the date by which the costs must be paid to the city.
(Ord. 1485 § 2, 2006)
A. 
If the responsible person 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. 1485 § 2, 2006)