A.
The
city council finds that there is a need for an alternative method
of enforcing violations of this code. The city council further finds
that an administrative citation program as authorized by Government
Code Section 53069.4 is an appropriate and alternative method of enforcement
to gain compliance with this code.
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 administrative 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 the city; 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 manager,
enforcement officer, city attorney, city prosecutor, or such other
city official designated by the city manager.
(Ord. 940 § 2, 2007; Ord. 1026 § 2, 2014)
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
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 city of Stanton.
means the city manager of the city.
means the Stanton Municipal Code or any ordinance adopted
by the city council, conditions of approval, or other codes or regulations
otherwise applicable within the city.
means either a particular violation of the code continuing
for more than twenty-four hours without correction or abatement, or
a repeated, consecutive violation of the same offense without intervening
days.
means the community development director of the city or designee.
means any officer, agent or employee of the city designated
by the city manager to have the authority and responsibility to enforce
the code, including an officer employed by the city and an officer
providing services to the city under contract.
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.
is any of the following:
A person who causes a code violation to occur.
A person who maintains or allows a code violation to continue,
by his or her action or failure to act.
A person whose agent, employee, or independent contractor causes
a code violation by its action or failure to act.
A person who is the owner of, and a person who is a tenant,
lessee or sublessee with the current right of possession of real property
where a property-related code violation occurs.
A person who is the on-site manager of a business, or a person
actually or apparently in charge of the business.
The parent or the legal guardian of any person under the age
of eighteen years, who causes a code violation by his or her action
or failure to act.
A person who, pursuant to California Civil Code Section 2929.3,
purchases residential property at a foreclosure sale, or acquires
the residential property through foreclosure under a mortgage or deed
of trust, where a property-related code violation exists upon the
residential property, and the residential property is vacant.
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For purposes of this subsection "person" includes
a natural person or legal entity, and the owners, corporate officers,
trustees, and general partners of a legal entity. There shall be a
legal presumption that the record owner of a parcel according to the
county's latest equalized property tax assessment rolls and
a tenant, lessee or sublessee of a parcel has notice of any code violation
existing on the premises.
|
|
For the purposes of this chapter, there may be more than one
responsible person for a code violation.
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(Ord. 940 § 2, 2007; Ord. 1026 § 2, 2014)
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 an administrative 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 along with correction of the violation listed
by the enforcement officer.
B.
Any
enforcement officer of the city, upon determining that a provision
of this 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 determine
the appropriate responsible party for each violation.
C.
Every
person who applies for and receives a permit, license, or any type
of land use approval (e.g., subdivision maps, use permits, site plan
and design review, variances, etc.), shall comply with all plan approvals
and conditions imposed upon the issuance of the permit, license or
other approval. If a person violates any condition of such permit,
license or approval, he or she may be issued an administrative citation
and shall be liable for fines under the provisions of this chapter.
D.
The
city may take into consideration the fact that a person has been issued
an administrative citation when the city is determining whether to
grant, suspend, revoke, or deny any permit, license, or any type of
land use approval for the person and such administrative citations
are evidence that the person has committed acts that are not compatible
with the health, safety and general welfare of other persons and businesses
in the vicinity.
E.
Each and every day a violation of this code exists constitutes a separate and distinct offense that is 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 1.12.080.
F.
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. 940 § 2, 2007; Ord. 1026 § 2, 2014)
A.
Whenever an enforcement officer determines that a violation of this code, permit, license, or entitlement exists, the enforcement officer may issue a notice of violation to a responsible person prior to issuing an administrative citation. The notice of violation serves as a written warning of responsibility and requires immediate action by the responsible person to cease and abate the violation. The notice of violation must include the information set forth in Section 1.12.060 and a date by which the violation can reasonably be ceased and abated. If the violation is not ceased or abated by the end of the correction period stated in the notice, the code enforcement officer may issue an administrative citation.
B.
In accordance
with Government Code Section 53069.4, no responsible person will be
assessed an administrative fine under this chapter for a continuing
violation pertaining to a building, plumbing, electrical or similar
structural or zoning issue that does not create an immediate danger
to the public health or safety without first receiving a notice of
violation and a reasonable opportunity to correct or otherwise remedy
the violation. In such circumstance, the stated period available to
correct the violation prior to the assessment of a fine must be appropriate
to the violation as determined by the code enforcement officer, but
in no event less than seven days. If, after the correction period
stated in the notice, the violation is not ceased or abated, the code
enforcement officer may issue an administrative citation.
C.
Any
responsible party cited for a continuing violation may petition the
director 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 and that a responsible party is diligently pursuing
correction.
D.
The
procedures of this section shall not apply in the instance of a violation
that poses immediate danger to public health or safety.
E.
Upon
the issuance of a citation, the city may record against the subject
property a notice of administrative pendency.
(Ord. 940 § 2, 2007; Ord. 1026 § 2, 2014)
Any notice, notice of violation, or administrative citation
shall be issued 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. The administrative citation shall be mailed
to the responsible party's address shown on the county's
last equalized property tax assessment rolls for a property-related
violation, or to any address known by the city for the responsible
party for all other violations. Simultaneously, the citation shall
be sent by first class mail. If the citation sent by certified mail
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.
D.
The
failure of any responsible party to receive any notice served in accordance
with this section shall not affect the validity of any proceedings
taken under this code.
(Ord. 940 § 2, 2007; Ord. 1026 § 2, 2014)
Administrative citations shall, at 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 was observed;
C.
The
code sections or conditions violated and a description of the violation;
D.
Date
on which citation is issued;
E.
Whether
the offense is a continuing violation which shall, if not corrected
and abated within the time specified in the citation, accrue fines
until properly ceased and abated;
F.
An order
to the responsible party to correct the violation within the time
specified in the citation and an explanation of the consequences of
failure to correct the violation;
G.
The
amount of the fine for the violation, including the amount due for
the initial violation and any prospective daily fine for failure to
abate the violation within the time specified in the citation (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 the action required to correct or abate the violation (if applicable),
and if applicable, the date by which the violation must be corrected
or abated;
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;
L.
Notice
that the violation is a nuisance and that collection of unpaid fines
and nuisance abatement costs can be enforced as an assessment or lien
against the property where the violation occurs and that unpaid assessments
can result in the property being sold after three years by the county
assessor; and
M.
Any
other information deemed necessary by the city for enforcement or
collection purposes.
(Ord. 940 § 2, 2007; Ord. 1026 § 2, 2014)
A.
The
amount of the fines for violating provisions of this code shall be
set in a schedule of fines adopted by resolution or ordinance of 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 this code or by resolution or ordinance
of the city council, the following fines shall apply:
1.
A
fine not exceeding one hundred dollars per day for a first violation;
2.
A
fine not exceeding two hundred dollars per day for a second violation
of the same ordinance or permit within one year following the date
of the first violation;
3.
A
fine not exceeding five hundred dollars per day for each additional
violation of the same ordinance or permit within one year following
the date of the first violation.
D.
A late
payment charge of ten percent will be added on any delinquent fines
on the last day of each month after the due date.
(Ord. 940 § 2, 2007; Ord. 1026 § 2, 2014)
A.
Upon
receipt of a citation, the responsible party must do the following:
1.
Pay
the fine to the city or the city's contracted agent, as specified
on the administrative citation itself, within thirty days following
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 nor shall it bar further
enforcement action by the city, including issuing additional administrative
citations, initiating a criminal, civil, or administrative action,
or any combination thereof.
2.
If
the offense is a continuing violation and the responsible party fails
to properly cease and abate within the time specified in the citation,
fines shall accrue for each day after the date for compliance listed
by the enforcement officer until the abatement is properly verified.
Additionally, subsequent administrative citations may be issued for
the same violation. 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 or its contracted agent 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 until the offense is corrected (if applicable) plus late payment charges, as provided in subsection C, less any amount remitted pursuant to subsection A of this section.
C.
Verification
of Abatement. 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.
E.
The
city manager, or his or her designee, may dismiss a citation or reduce
any portion of an administrative fine at any time if a determination
is made that it was issued in error or if the interests of justice
so demand, in which event any deposit of a fine or hearing fee, or
both, shall be refunded. Notice of such action shall be given to the
responsible party who was issued the administrative citation in writing.
(Ord. 940 § 2, 2007; Ord. 1026 § 2, 2014)
A.
Any person receiving an administrative citation may contest the citation by completing a request for hearing form and returning it to the city or the city's contracted agent, as specified on the administrative citation itself, within ten calendar days after the issuance date of the administration citation. The request for hearing must specify the requestor's name, address, and phone number, a statement describing the person's legal interest in the property that is the subject of the citation, the specific grounds for contesting the citation, and the relief or action requested from the hearing officer. Any request for a hearing not containing the information required by this section shall be returned to the requesting party by the city clerk or the city's contracted agent with a statement specifying those parts of the request for hearing form that are incomplete and indicating the manner in which they can be made complete. The requesting person shall thereafter be allowed five days in which to perfect and resubmit the request for a hearing form. Any request for hearing must also be accompanied by an advance deposit of the fine assessed by the citation and payment of a hearing fee, which may be established by city council resolution and shall not exceed the reasonable cost to the city of a hearing. Such advance deposit of the fine may be waived by subsection C of this section.
B.
A request
for hearing shall toll the daily fines accruing for a continuing violation.
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 a lack
of the financial ability to make the deposit, and the city may, at
its sole discretion, request additional documents in order to determine
the person's financial inability to tender an advance deposit
of the fine and hearing fee. The request will be decided by the director
within three working days following the date the request is received,
and the director'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 director's determination
on the request for hardship waiver.
D.
The
failure to submit a timely and complete request for hearing or payment
of the hearing fee 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 fifteen and not more than sixty days following
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. 940 § 2, 2007; Ord. 1026 § 2, 2014)
A.
The
city manager shall designate a hearing officer for the administrative
citation hearing. The hearing officer shall not be a city employee,
and may, but need not be, a qualified attorney, qualified city manager,
or a hearing officer with the State Office of Administrative Hearings.
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. The hearing officer shall be subject to disqualification
for bias, prejudice, or material financial interest in the outcome.
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 and hearing fee has been deposited in advance, unless waived in accordance with Section 1.12.090(C).
C.
No later than five days after notice of the hearing date is sent to the person requesting the hearing, pursuant to Section 1.12.090(E), the requesting party may challenge the hearing officer's impartiality by filing a written statement with the city manager objecting to the hearing before the hearing officer and setting forth the specific grounds for disqualification. General and unsupported claims of bias, prejudice, or material financial interest shall not form a basis for disqualification. The city manager, or designee, shall issue and serve on the requesting person a written decision on the question of disqualification prior to the date of the hearing specified in the notice of hearing.
D.
The
hearing officer shall only consider evidence that is relevant to whether
the violation occurred and whether the responsible party has caused
or maintained the violation of this code on the date specified in
the administrative citation.
E.
The
person contesting the administrative citation shall be given the opportunity
to testify and present witnesses and evidence concerning the administrative
citation.
F.
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.
G.
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.
H.
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.
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. Administrative hearings are informal,
and formal rules of evidence and discovery do not apply. The hearing
officer shall have the authority to issue a subpoena.
J.
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.
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.
(Ord. 940 § 2, 2007; Ord. 1026 § 2, 2014)
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 the final administrative decision
of the city.
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 (if any) for
applicable daily fines following the date of issuance of the citation
to the date that the abatement is verified or late fees, 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 by certified mail
at the address listed in the hearing request.
(Ord. 940 § 2, 2007; Ord. 1026 § 2, 2014)
A.
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 as set forth
in California Government Code Section 53069.4.
B.
No appeal
is permitted from a decision on a request for an extension of the
correction period specified on the administrative citation for building
violations or where the responsible party is deemed to have abandoned
the contest of the administrative citation by an unexcused nonappearance
at the hearing or failure to deposit the fine.
(Ord. 940 § 2, 2007; Ord. 1026 § 2, 2014)
A.
The failure of any person to pay a fine or penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city. To enforce that debt, the city may file a civil action, lien or assess the subject property as set forth below, or pursue any other legal remedy to collect such debt, late charges, and other recoverable costs. A person who fails to pay any fine or other charge owed to the city under this chapter is liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorneys' fees, subject to Section 9.16.165 of this code. Such collection costs are in addition to any fines, interest, and late charges.
B.
In addition
to any other legal remedy, any violation of this chapter by failure
to pay administrative fines or abate a continuing violation shall
constitute a nuisance. To compel compliance, for property related
violations, the city may seek to abate the nuisance and collect the
fine and any penalties or costs incurred by means of a nuisance abatement
lien and special assessment against the property that is the subject
of the administrative citation. Any unpaid delinquent civil fines
and penalties may be recovered as part of any such lien and special
assessment against the property of the responsible party.
C.
To pursue
an abatement of a code violation as a nuisance and recover the costs,
including any delinquent civil fines and penalties, as an abatement
lien or special assessment, 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. 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.
D.
Before recording the lien or notice of special assessment, the city manager shall cause a notice and a report stating the amounts due and owing to be provided to the record owner of the property that is the subject of the administrative fine and the responsible party by personal service. If the city seeks a special assessment, the notice and report shall also specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments. The report shall inform the owner that a failure to file a written appeal with the city within a ten-day period following the date of service or mailing of the notice shall constitute a waiver of the owner's right to appeal the imposition of the proposed lien or assessment on the owner's property. In the event that personal service is not available, the notice and report shall be served as per the requirements of Section 1.12.050. The report may include a fee, as established by city council resolution, for the administrative costs associated with the preparation and recordation of the lien or notice of special assessment.
E.
Within
ten days following the date of service or mailing of said notice and
report, the property owner may file a written appeal to the proposed
lien or assessment and shall deposit any required appeal fee with
the director or designee or waive the right to such an appeal. The
city council shall hear the appeal at its first regular meeting that
is at least fourteen calendar days after the date on which the appeal
was filed. Written notice of the hearing date shall be served on the
owner, at least ten days prior to the hearing on the appeal. At the
hearing on the appeal, the city council shall consider an order of
a hearing officer imposing the fine or fines on the cite, the computation
of the amount of the proposed lien or assessment, the evidence that
the owner owns the property on which the lien or assessment is sought
to be imposed, evidence that the record owner of the property on which
the lien or assessment is sought has been served with the citation
in accordance with this article, and evidence that a violation or
violations occurred at or was related to the property on which the
assessment lien is sought to be imposed. At the conclusion of the
hearing, the city council may adopt, or decline to adopt, a resolution
to place a lien and assessment on the property of the owner. The city
council also may modify the amount of the proposed lien and assessment.
The decision of the city council shall be final.
F.
If no appeal is filed pursuant to subsection E of this section, the city manager shall prepare and submit a resolution to the city council that imposes a lien or assessment on the property of the owner. The city council shall adopt the proposed resolution unless it determines that such a lien or assessment would not be in the interests of justice.
G.
Following
city council confirmation, the city manager shall cause the lien and
notice of assessment to be filed in the county recorder's office
and recorded against the subject real property.
H.
A lien
shall have the same force, effect, and priority as a judgment lien.
The fine and any penalties and costs may also be collected as a special
assessment, which is added to the next regular property tax bills
levied against the parcel for municipal purposes. This amount will
be collected at the same time and in the same manner as ordinary property
taxes are collected, and will be subject to the same penalties and
procedures under foreclosure and sale as provided for with ordinary
municipal taxes. After recording, the lien may be foreclosed by judicial
or other sale in the manner and means provided by law.
I.
Once
the city receives full payment for outstanding principal, penalties,
and costs related to a lien, the city manager will cause to be recorded
a notice of satisfaction or provide the property owner with a notice
of satisfaction for recordation at the county recorder's office.
This notice of satisfaction will cancel the city's lien.
(Ord. 940 § 2, 2007; Ord. 1026 § 2, 2014)
A.
The administrative citation and all notices to be given by this chapter shall be served on the responsible party in accordance with Section 1.12.050 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. 940 § 2, 2007; Ord. 1026 § 2, 2014)
Nothing in this chapter shall be deemed to prevent the city
from commencing a civil or criminal proceeding to enforce the provisions
of this code and any other ordinance of the city, or from pursuing
any other legal means or remedies available to it in addition to or
in lieu of the procedures set forth herein.
(Ord. 1026 § 2, 2014)
