(a)
This
chapter provides for administrative citation remedies, which are in
addition to all other legal remedies, criminal or civil, which may
be pursued by the city to address any violation of this code, including
any codes adopted by reference, or other public nuisance.
(b)
This
chapter establishes an administrative citation process and monetary
penalties to encourage and expedite compliance with the provisions
of the Palm Springs Municipal Code. This chapter encourages voluntary
compliance through the implementation of a process that informs responsible
parties of violations by giving a written warning before taking action
and allowing reasonable time lines for compliance.
(c)
The
goals of this chapter focus on minimizing the number of code violations
made by property owners, renters, business owners, and other stakeholders
of the city by instituting a citation process and promoting a positive
city image. The goals of this chapter are as follows:
(1)
To improve the quality of life for Palm Springs residents and business
owners by reducing the number of code violations through the encouragement
of expedient compliance;
(2)
To protect the health, safety, and welfare of the general public
by minimizing potentially harmful municipal code violations;
(3)
To provide a simplified administrative citation process in order
to encourage its implementation;
(4)
To minimize the time and expense associated with code enforcement
action;
(5)
To provide a methodology to hold noncompliant parties responsible
for continuous violations; and
(6)
To provide for the enhanced collection of delinquent code enforcement
fines, costs, fees and penalties by conditioning issuance and renewal
of city licenses and permits upon payment of such delinquent code
enforcement fines, costs, fees and penalties.
(d)
The
council finds that the enforcement throughout the city of the provisions
of this code, including such codes as have been incorporated by reference
and any applicable state codes, is an important public service. Code
enforcement is vital to the protection of the public's health,
safety, and quality of life. The council recognizes that code enforcement
depends upon the codification and implementation of fair, reasonable,
and consistent regulations that can be effectively applied in administrative
and judicial proceedings. The council further finds that a comprehensive
code enforcement system that uses a combination of judicial and administrative
remedies is critical to gain compliance with this code and the regulations
contained in this code.
(Ord. 1669 § 5, 2005)
In construing the provisions of this chapter, the following
definitions shall apply:
means a monetary penalty issued after failure to abate a
violation of the Palm Springs Municipal Code.
means the city manager of the city or the city manager's
designee or designees.
means a code compliance officer, police officer, building
inspector, or any other city employee designated by the city manager
to enforce the provisions of the Palm Springs Municipal Code and granted
authority to issue notices and administrative citations pursuant to
this title. The term "enforcement officer" also includes
any city employee or official expressly provided enforcement authority
pursuant to the provisions of this code.
means a hearing conducted by a hearing officer regarding
an appeal of the issuance of an administrative citation submitted
by a responsible party.
means an individual or board (including, but not limited
to, the administrative appeals board) as may be designated by the
city manager to conduct hearings, including appeals hearings, and
make decisions as provided in this chapter.
means a police officer or the fire chief of the city or the
fire chief's designee authorized under the laws of the State
of California or this code to enforce the provisions of the Palm Springs
Municipal Code. A "public safety officer" is an "enforcement
officer" as defined in this chapter.
means the owner of property upon which a violation of the
Palm Springs Municipal Code exists. This term shall also include any
non-owner, occupant, or other person or entity in control of the property
who is creating, causing, or maintaining any condition in violation
of the Palm Springs Municipal Code.
(Ord. 1669 § 5, 2005; Ord. 1679 § 3, 2005)
(a)
Whenever an Enforcement Officer charged with the enforcement of any provision of this Code determines that a violation of that provision has occurred, either by receiving a complaint or being witness to the violation, the Enforcement Officer has the authority to take the actions identified in this Section and issue an administrative citation to a responsible party for the violation, as provided herein, unless the violation is deemed to be an immediate threat to life and safety, at which time the matter shall be referred to the Building Official, Police Department, Fire Department, or other applicable agency, depending on the nature of the violation, for immediate action. A Public Safety Officer shall not be required to issue a pre-citation or courtesy notice as provided in Subsection (b) of this Section; however, a Public Safety Officer, in the discretion of such officer, may issue such courtesy notice. The City Manager may by administrative rule or regulation or by direction or order authorize an Enforcement Officer to issue an administrative citation without first complying with the pre-citation or courtesy notice requirements as otherwise required pursuant to Subsection (b) of this Section.
(b)
Prior
to issuing an administrative citation for a violation of this code
that does not create an immediate danger to health or safety, the
enforcement officer shall serve a pre-citation or courtesy notice
on the responsible party for the violation containing the following
information:
(1)
The date the violation was observed;
(2)
The address or a definite description of the location where the violation
was observed;
(3)
The section of this code violated and a description of the violation;
(4)
The compliance date by which the violation shall be corrected or
otherwise remedied, which shall be no less than fifteen days and no
more than sixty days from the date the pre-citation notice is given,
as determined to be reasonable by the code enforcement official;
(5)
A statement that if the violation is not corrected by the specified
compliance date, that an administrative citation will be issued which
imposes a fine, for the amount of which will be specified; and
(6)
The name, signature and department of the enforcement officer issuing
the pre-citation notice.
(c)
Each
administrative citation shall contain the following information:
(1)
The date of the violation;
(2)
The address or a definite description of the location where the violation
occurred;
(3)
The section of this code violated and a description of the violation;
(4)
The amount of the fine for the code violation;
(5)
A description of the fine payment process, including a description
of the time within which and the place to which the fine shall be
paid;
(6)
An order prohibiting the continuation or repeated occurrence of the
code violation described in the administrative citation;
(7)
A description of the administrative citation review process, including
the time within which the administrative citation may be contested
and the place from which a request for hearing form to contest the
administrative citation may be obtained; and
(8)
The name, signature, and department of the citing enforcement officer.
(Ord. 1669 § 5, 2005; Ord. 1679 § 4, 2005; Ord. 1848 § 1, 2014)
(a)
First Administrative Citation. If the violation is not abated by the date set forth in the courtesy notice, a first administrative citation shall be issued. The first administrative citation shall carry a fine of one hundred dollars, or such amount as the city council may establish by resolution, and shall require abatement of the violation within ten calendar days from the date of the first administrative citation. If an extension of the compliance date set forth in the first administrative citation is requested and approved in accordance with Section 1.06.050, the fine must be paid prior to the city's grant of the extension. The first administrative citation shall warn the responsible party of an additional two hundred fifty dollar penalty, or such amount as the city council may establish by resolution, for not abating the violation by the compliance date set forth in the first administrative citation or the extension period granted by the city.
(b)
Second Administrative Citation. If the violation continues after the compliance date in the first administrative citation or any extension period granted by the city, or a second violation of the same provision of this code occurs within one year of the compliance date of the first such violation, a second administrative citation shall be issued. The second administrative citation shall carry a fine of two hundred fifty dollars, or such amount as the city council may establish by resolution, and shall require abatement of the violation within ten calendar days from the date of the second administrative citation, and shall clearly indicate "SECOND ATTEMPT TO OBTAIN COMPLIANCE." If an extension of the compliance date set forth in the second administrative citation is requested and approved in accordance with Section 1.06.050, the full amount of all fines must be paid prior to the city's grant of the extension. The second administrative citation shall warn the responsible party of an additional five hundred dollars penalty for not abating the violation by the compliance date set forth in the second administrative citation or the extension period granted by the city.
(c)
Third Administrative Citation. If the violation continues after the compliance date in the second administrative citation or any extension period granted by the city, or a third or subsequent violation of the same provision of this code occurs within one year of the compliance date of the first such violation, a third administrative citation shall be issued. The third administrative citation shall carry a fine of five hundred dollars, or such amount as the city council may establish by resolution, and shall require abatement of the violation within ten calendar days from the date of the third administrative citation, and shall clearly indicate "FINAL ATTEMPT TO OBTAIN COMPLIANCE – FAILURE TO COMPLY MAY RESULT IN PUBLIC NUISANCE PROCEEDINGS AND OTHER ENFORCEMENT ACTIONS – ALL COSTS ASSOCIATED WITH PUBLIC NUISANCE PROCEEDINGS MAY BE LIENED AGAINST THE SUBJECT PROPERTY IF NOT PAID BY THE RESPONSIBLE PARTY." If an extension of the compliance date set forth in the third administrative citation is requested and approved in accordance with Section 1.06.050, the full amount of all fines must be paid prior to the city's grant of the extension.
(Ord. 1669 § 5, 2005; Ord. 1679 §§ 5, 6, 2005)
(a)
Upon
receipt of an administrative citation, the responsible party must
take one of the following actions to avoid additional penalties:
(1)
Correct the violation, pay the corresponding fine(s), if any, and
contact the city to request a re-inspection, prior to the compliance
date specified in the administrative citation; or
(2)
Request an extension of time in writing, which shows a reasonable
hardship pursuant to subsection (b) of this section, prior to the
compliance date specified in the administrative citation; or
(3)
Request a hearing to appeal the administrative citation pursuant
to subsection (c) of this section.
(b)
All
requests for extensions must be made in writing, submitted to the
enforcement officer, and present a reasonable hardship. The enforcement
officer may grant a one-time extension at his/her discretion after
payment of the fine due. The extension shall not exceed thirty days
unless the matter is referred to the city manager for additional time.
The city manager may grant additional time as determined in the city
manager's reasonable discretion, considering all relevant facts
and circumstances of the hardship. If the case has been referred or
appealed to the hearing officer, extensions may not be granted.
(c)
A responsible party receiving an administrative citation may appeal such citation within ten calendar days from the date the citation is deemed served, or such extended date, if an extension is granted pursuant to Section 1.06.050.
(1)
The appeal must be in writing and must indicate the appellant's
full name and mailing address. It must be accompanied by the penalty
amount and appeal fee which shall be set by city council resolution,
must specify the basis for the appeal in detail, and must be filed
with the city clerk's office. If the appeal deadline falls on
a day City Hall is closed, then the deadline shall be extended until
the next regular business day.
(2)
As soon as practicable after receiving the written notice of appeal,
the city manager shall fix a date, time, and place for the hearing
before a hearing officer. Hearings shall take place once per month
at a set time and date, unless the city finds it necessary to conduct
hearings more frequently. Written notice of the time and place for
the hearing may be served by first class mail, at the mailing address
indicated on the written appeal. Service of the appeal notice must
be made at least ten calendar days prior to the date of the hearing
to the party appealing the administrative citation.
(3)
The failure of any person with an interest in the property, or other
responsible party, to receive such properly addressed notice of the
hearing shall not affect the validity of any proceedings under this
chapter. Service by first class mail, postage prepaid shall be effective
on the date of mailing.
(4)
Failure of any responsible party to file an appeal in accordance
with the provisions of this section shall constitute a waiver of that
responsible party's rights to administrative determination of
the merits of the administrative citation and the amount of the penalty.
If no appeal is filed, the administrative citation shall be deemed
a final administrative order and a failure to exhaust the responsible
party's administrative remedies.
(Ord. 1669 § 5, 2005)
(a)
The
city manager shall designate a hearing officer or hearing officers
to conduct appeals under this chapter. Each hearing officer shall
be an individual or appointed person or board, subject to the provisions
of the Political Reform Act of 1974 and all other laws, ordinances,
or regulations of the state or the city relating to conflicts of interest.
All costs associated with the hearing officer shall be paid from the
appeal hearing fees and fines collected from administrative citations.
The responsible party may request the city manager to excuse a hearing
officer upon a showing of actual prejudice against the party's
cause. The hearing officer shall conduct an orderly fair hearing and
accept evidence on which persons would commonly rely in the conduct
of their ordinary business affairs as follows:
(1)
A valid citation shall be prima facie evidence of the violation.
(2)
The hearing officer shall administer oaths and accept testimony by
declaration under penalty of perjury relating to the violation and
the appropriate means of correcting the violation.
(3)
The owner, agent, person responsible for the violation, or any other
interested person, may present testimony or evidence concerning the
violation and the means and time frame for correction.
(b)
The
city manager shall establish all appropriate administrative regulations
for implementing this chapter, including the conduct of hearings and
rendering decisions pursuant to this section.
(c)
The
hearing officer may modify the penalties stated in an administrative
citation depending upon the circumstances of each case and the evidence
presented and the hearing officer provides specific grounds for such
modification in the written decision. The hearing officer has authority
to reduce, conditionally reduce, or increase the amount of any penalties,
subject to the fine amounts or limits established by the council by
resolution. The hearing officer may impose conditions and deadlines
for correction of violations or payment of outstanding penalties.
(d)
The
failure of the responsible party or duly authorized representative
to appear at the hearing shall constitute a forfeiture of the fine
and appeal fees and a failure to exhaust the responsible party/appellant's
administrative remedies.
(e)
The
hearing officer shall make findings based on the record of the hearing
and make a written decision based on the findings. The city shall
preserve all exhibits submitted by the parties and shall serve the
decision by first class mail on the appellant within ten calendar
days after the hearing. The decision of the hearing officer dismissing
the administrative citation is final and conclusive. The decision
of the hearing officer affirming the administrative citation is final
and conclusive, subject only to review by the Superior Court in accordance
with state law pursuant to an appeal to Superior Court filed by the
appellant within twenty days of the date that the administrative citation
is served upon the appellant. There are no appeals to the city council.
(f)
If
the hearing officer dismisses the administrative citation, all fines
and appeal fees shall be refunded to the responsible party/appellant
within thirty calendar days.
(g)
The
responsible party who requested the hearing may obtain review of the
hearing officer's administrative decision regarding the administrative
citation by filing a petition for judicial review pursuant to the
provisions of California Government Code Section 53069.4.
(Ord. 1669 § 5, 2005; Ord. 1679 § 7, 2005)
(a)
The
failure of any person to pay a fine assessed by administrative citation
within the time specified on the administrative citation constitutes
a debt to the city. To enforce that debt, the city manager may file
a civil action, impose a special assessment as set forth below, or
pursue any other legal remedy to collect such debt, including reasonable
costs of collection and attorneys' fees.
(b)
The
city council may impose a special assessment against the property
that is the subject of a citation if the citation has been issued
to the property owner. The city manager shall record a notice of lien
in the office of the county recorder when the special assessment procedure
is used. 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 Riverside
County tax collector. 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. Or, after recording, the lien may be foreclosed by judicial
or other sale in the manner and means provided by law.
(d)
Non-payment
of fines which the city has made reasonable effort to collect shall
be deemed a misdemeanor for which the responsible party may be prosecuted.
(e)
Administrative
citation fines collected pursuant to this chapter shall be deposited
into a an appropriate fund to be administered in furtherance of the
purposes of this chapter and to fund such code enforcement and public
nuisance abatement actions and proceedings as the city council may
identify or proscribe.
(Ord. 1669 § 5, 2005)
Any administrative citations pursuant to this chapter shall
not prejudice or adversely affect any other action, civil or criminal,
that may be brought to abate the public nuisance or violation or to
seek compensation for damages suffered. A civil or criminal action
may be brought concurrently with any other process regarding the same
public nuisance or violation.
(Ord. 1669 § 5, 2005)
The city manager shall cooperate with neighborhood organizations and the neighborhood involvement committee, as may be organized pursuant to the provisions of Chapter 2.55 of this code, in the implementation of this chapter. Such cooperation may include the provision of information and the establishment of forums for dialogue and communication on the requirements of the city's code and the city's enforcement of the code. Nothing in this chapter shall be construed as authorizing the city manager to appoint or designate any member of any neighborhood organization or the neighborhood involvement committee as an enforcement officer.
(Ord. 1669 § 5, 2005)
