(a) 
The City Council hereby finds that there is a need for an alternative method of enforcing violations of the Dana Point Municipal 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 the Dana Point Municipal Code.
(c) 
The purpose of issuing civil citations pursuant to this Chapter is to encourage voluntary and complete compliance with the provisions of the Dana Point Municipal Code in order to protect the public health, safety and welfare of the citizens of Dana Point; to provide a method of holding parties responsible when they fail or refuse to comply with the provisions of the Dana Point Municipal 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.
(Added by Ord. 00-05, 10/10/00; amended by Ord. 09-07, 8/24/09; Ord. 23-07, 11/7/2023)
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:
"Administrative citation" or "citation"
shall mean a written notice to a responsible party that a violation of the Dana Point Municipal Code has occurred, and an assessment of civil fines issued by an enforcement officer of the City.
"City Manager"
shall mean the City Manager or designee.
"Continuing violation"
shall mean either (1) a particular violation of the Dana Point Municipal Code continuing for more than 24 hours without correction or abatement; or (2) a repeated, consecutive violation of the same offense without intervening days.
"Dana Point Municipal Code"
shall mean the Dana Point Municipal Code or any ordinance adopted by the Dana Point 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.
"Director"
shall mean the Director of the Community Development Department of the City.
"Enforcement officer"
shall mean any officer, agent or employee of the City designated by the City Manager to have the authority and responsibility to enforce certain provisions of this Dana Point Municipal Code.
"Hearing officer"
shall mean an impartial individual designated by the City Manager in accordance with Section 1.10.100 to determine the civil liability of a person receiving an administrative citation.
"Notice of violation"
shall mean a written notice to a responsibile party that a violation of the Dana Point Municipal Code has occurred and a warning that an administrative citation assessing fines will be issued unless the violation is ceased and abated.
"Responsible party"
shall mean 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 18 years, who causes or maintains a violation of the Dana Point Municipal Code.
(Added by Ord. 00-05, 10/10/00; amended by Ord. 09-07, 8/24/09; Ord. 23-07, 11/7/2023)
(a) 
Any responsible party violating, causing or maintaining a violation of any provision of the Dana Point Municipal 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 the Dana Point Municipal Code which 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 attempt to determine the appropriate responsible party(ies) for each violation.
(c) 
Each and every day a violation of the Dana Point Municipal 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 Dana Point Municipal 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 1.10.080.
(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.
(Added by Ord. 00-05, 10/10/00; amended by Ord. 09-07, 8/24/09; Ord. 23-07, 11/7/2023)
(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 can reasonably 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.
(2) 
If, after the correction period stated in the notice of violation, the violation is not ceased or abated, the enforcement officer may issue an administrative citation assessing fines accruing on each day the violation exists without abatement in accordance with Section 1.10.080.
(c) 
Any responsible party cited for a continuing violation may petition the Director of Community Development for an extension of time to correct the violation so long as the petition is received before the end of the correction period. The Director 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 notice procedures of this Section shall not apply in the instance of a violation that poses immediate danger to public health or safety.
(Added by Ord. 00-05, 10/10/00; amended by Ord. 09-07, 8/24/09; Ord. 23-07, 11/7/2023)
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 one of the following manners:
(a) 
Personal Service. In any case where an Administrative Citation is issued:
(1) 
The enforcement officer may 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.
(Added by Ord. 00-05, 10/10/00; amended by Ord. 09-07, 8/24/09; Ord. 23-07, 11/7/2023)
Each administrative citation 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 Dana Point Municipal 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 which 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.
(Added by Ord. 00-05, 10/10/00; amended by Ord. 09-07, 8/24/09; Ord. 23-07, 11/7/2023)
(a) 
The amount of the fines for violating particular provisions of this Dana Point Municipal 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.
(c) 
Where no amount is specified by resolution of the City Council, the following fines shall apply:
(1) 
The penalty shall be the maximum allowed under State law for a first violation of an ordinance, regulation, condition, or permit;
(2) 
The penalty shall be the maximum allowed under State law for a second violation of the same ordinance, regulation, condition, or permit within one year from the date of the first violation;
(3) 
The penalty shall be the maximum allowed under State law for each additional violation of the same ordinance, regulation, condition, or permit within one year from the date of the first violation;
(4) 
Late charges shall be imposed for fine payments made after the fine payment due date. The late charge shall be calculated at a rate of 25% of the fine, and will be imposed in addition to any outstanding fine.
(d) 
For fines imposed under the Dana Point Municipal Code for second and subsequent violations of the same ordinance, regulation, condition, or permit within one year from the date of the first violation, the citation recipient of a fine may request a hardship waiver by completing a hardship waiver form and returning the form to the City Clerk within 10 days of the date stated on the citation. The waiver request shall include a sworn affidavit and any supporting documents or materials demonstrating to the satisfaction of the City Manager or his or her designee that: (1) the recipient of the fine has made a bona fide effort to comply after the first violation; and (2) payment of the full amount of the fine would impose an undue financial burden on the recipient. The City Clerk shall serve written notice of the determination of the City Manager's or his or her designee on the recipient of the fine by first class mail. Service shall be deemed complete at the time the notice is deposited into the mail and addressed to the person at the address indicated on the hardship waiver form. The notice shall include a brief description of the reasons for the determination to approve or not approve the hardship waiver. The written determination of the City Manager shall be final. If the City Manager determines not to approve a hardship waiver, the recipient of the fine shall within 10 days of service of that determination either remit the deposit amount to the City Clerk or appeal the citation in compliance with the applicable procedures in the Dana Point Municipal Code.
(Added by Ord. 00-05, 10/10/00; amended by Ord. 09-07, 8/24/09; Ord. 21-08, 11/16/21; Ord. 23-07, 11/7/2023)
(a) 
Upon receipt of a citation, the responsible party must do the following:
(1) 
Pay the fine to the City within 30 calendar 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 30 calendar 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, by the enforcement officer.
(d) 
The City may refuse to issue, extend, or renew a permit, license, entitlement, or other approval for any property or person that is the subject of an unpaid delinquent fine, interest, penalty, lien, or assessment.
(e) 
Any permit, license, entitlement, or land use approval issued by the City may be subject to suspension or revocation of the permit, license, entitlement, or land use approval if an unpaid fine, interest, penalty, lien or assessment remains delinquent for a period of more than 30 days.
(Added by Ord. 00-05, 10/10/00; amended by Ord. 09-07, 8/24/09; Ord. 23-07, 11/7/2023)
(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 15 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 which 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 Director a completed form provided by the Director which 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 request will be decided by the Director within 10 calendar days from date the request is received, and the Director's decision is final. The applicant shall be notified by telephone, facsimile, writing, 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 15 calendar days following the Director'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 Director shall set a hearing before the hearing officer on a date that is not less than 15 and not more than 60 calendar 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 10 calendar 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.
(Added by Ord. 00-05, 10/10/00; amended by Ord. 09-07, 8/24/09; Ord. 23-07, 11/7/2023)
(a) 
The City Manager shall designate a hearing officer for the administrative citation hearing. The hearing officer shall not be a City employee with supervisory powers over anyone in the City Department which issued the citation. 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 1.10.090.
(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 the Dana Point Municipal 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 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 calendar days prior to the date of the hearing.
(i) 
Any document or evidence which either party intends on using at the hearing shall be exchanged at least five calendar days prior to the date of the hearing. The hearing officer shall have discretion not to consider any evidence that was not exchanged pursuant to this provision.
(j) 
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. No other discovery is permitted. Formal rules of evidence shall not apply.
(k) 
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.
(Added by Ord. 00-05, 10/10/00; amended by Ord. 09-07, 8/24/09; Ord. 23-07, 11/7/2023)
(a) 
After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within 10 calendar 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 fine amount on deposit with the City shall be retained by 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 promptly refund the amount of the deposited fine.
(d) 
The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision in the manner prescribed by Section 1.10.050 of this Chapter.
(Added by Ord. 00-05, 10/10/00; amended by Ord. 09-07, 8-24-09; Ord. 23-07, 11/7/2023)
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 Orange County Superior Court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.
(Added by Ord. 00-05, 10/10/00; amended by Ord. 09-07, 8/24/09; Ord. 23-07, 11/7/2023)
(a) 
The City at its discretion may pursue any and all legal and equitable remedies for the collection of unpaid fines and penalties and the further abatement or enforcement of any violation of the Dana Point Municipal Code. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and penalties owed by a person under this Chapter have been collected.
(b) 
Any violation of this Chapter shall constitute a nuisance. To compel Dana Point Municipal 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 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.
(c) 
To pursue an abatement of a Dana Point Municipal Code violation as a nuisance and recover the costs, including any delinquent civil fines and penalties, as an abatement lien, the City Manager may at his or her discretion request the County Recorder to record notice of the lien and take any other necessary action to enforce collection of this lien.
(d) 
To pursue an abatement of a Dana Point Municipal Code violation as a nuisance and recover the costs as a special assessment, including any delinquent civil fines 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 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.
(e) 
The City Manager may utilize the procedures of this Section to collect delinquent civil fines and penalties by means of an abatement lien and/or special assessment provided the amount of the delinquent fines and penalties totals $250 or more and has been delinquent for 60 calendar days or more. The City Manager may pursue these remedies whether or not the City is pursuing any other action to terminate an ongoing Dana Point Municipal Code violation that was the basis for the fine.
(f) 
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.
(Added by Ord. 00-05, 10/10/00; amended by Ord. 09-07, 8/24/09; Ord. 23-07, 11/7/2023)
(a) 
The administration citation and all notices to be given by this Chapter shall be served on the responsible party in accordance with Section 1.10.050 of this Chapter, where applicable.
(b) 
Failure to receive any notice specified in this Chapter does not affect the validity of proceedings conducted hereunder.
(Added by Ord. 00-05, 10/10/00; amended by Ord. 09-07, 8/24/09; Ord. 23-07, 11/7/2023)