The city council finds and declares as follows:
A. 
There is a need for an alternative method of enforcement for minor violations of the municipal code and applicable state codes. The city council further finds that an appropriate method of enforcement for minor violations is through a civil citation and administrative hearing program.
B. 
This chapter makes any violation of the provisions of this code and applicable state codes subject to civil citation and civil fines.
C. 
This chapter establishes the administrative procedures for the imposition, enforcement, collection, review, and appeal of civil citations and civil fines pursuant to Government Code Section 53069.4 and the city's general police power.
D. 
The issuance of a civil citation under this chapter is solely at the city's discretion and is one option the city has to address violations of this code and applicable state codes. By adopting this chapter, the city does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations that the city may select in a particular case. The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedies established by law that may be pursued to address violations of this code and applicable state codes.
E. 
Because of the serious blighting conditions that can occur affecting health and safety, this chapter is intended to impose strict civil liability for all building, housing, fire, health, land use, abandoned vehicle, and zoning violations that occur upon the subject premises.
F. 
The city adopts this civil citation and administrative hearing program in order to achieve the following goals:
1. 
To protect the public health, safety and welfare of the citizens of the city of Moreno Valley;
2. 
To gain compliance with this code and applicable state codes, as well as other ordinances and regulations in a timely and efficient manner;
3. 
To encourage voluntary and complete compliance with the provisions of this code and applicable state codes and to eliminate nuisances for the protection and benefit of the entire community;
4. 
To provide for an administrative hearing process to appeal the imposition of civil citations and civil fines;
5. 
To provide a method to hold persons responsible when they fail or refuse to comply with the provisions of the municipal code or applicable provisions of state codes, other ordinances or regulations, or terms and conditions imposed on licenses, permits, or entitlements issued or approved by the city of Moreno Valley; and
6. 
To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system.
(Ord. 639 § 2.2, 2003)
A. 
Any person violating any provision of this code or applicable state codes may be issued a civil citation by an enforcement officer as provided in this chapter. A violation of this code includes, but is not limited to, all violations of the municipal code and the uniform codes adopted by the city council, or failing to comply with any condition imposed on any license, permit, or entitlement issued or approved under the provisions of this code.
B. 
An enforcement officer may issue a citation for a violation not committed in his or her presence if it is determined through investigation that the responsible person cited did commit the violation.
(Ord. 639 § 2.2, 2003)
The following definitions apply to the use of these terms for the purposes of this chapter:
"Administrative hearing"
means an oral proceeding before a hearing officer regarding the civil citation(s).
"Building violation"
means any violation of this code pertaining to building, housing, plumbing, electrical, mechanical or other similar structural or zoning regulations, including regulations set forth in Title 8 of this code, that does not create an immediate danger to health or safety.
"City"
means the city of Moreno Valley.
"Civil citation"
means any citation issued pursuant to this chapter stating there has been a violation of this code. "Civil citation" also means any notice of violation or notice of failure to correct.
"Code"
means the city of Moreno Valley Municipal Code or any law, rule, regulation, or code that is adopted by reference.
"Correction period"
means the period of time allowed for a responsible person cited to correct a violation shown on a civil citation.
"Director"
means the director of the community development department of the city, or his or her designee.
"Enforcement officer"
means any person duly authorized to enforce the provisions of this code.
"Hearing officer"
means any person appointed by the city manager to serve as the hearing officer for the administrative hearing of civil citations. Prior to conducting any hearings the hearing officer must first be approved by the city attorney as qualified to provide a fair and impartial hearing based on appropriate education, training and experience.
"Issue" or "issued"
means service of a citation to the responsible person.
"Person"
means any natural person, firm, association, business, trust, organization, corporation, partnership, company, or any other entity that is recognized by law as the subject of rights or duties.
"Reinspection fee"
means a fee charged pursuant to this chapter against a responsible person who has become the subject of city enforcement of state or local law, and for which there is a need to recover the city's actual cost of a second or any subsequent inspection of the property caused by the responsible party's failure to comply with a lawful order from an enforcement officer. The amount of this fee shall be set by resolution of the city council and shall become collectible in the same manner as civil fines.
"Responsible person"
means any of the following:
1. 
A person who causes a code violation to occur or continue;
2. 
A person who maintains or allows a code violation to occur or continue by his or her action or failure to act;
3. 
A person whose agent, employee, or independent contractor causes a code violation to occur or continue by his or her action or failure to act;
4. 
A person who is the owner, lessee, sublessee, or current possessor of real property where a property-related code violation occurs or continues;
5. 
A person who is the on-site manager of a business where a code violation occurs or continues;
6. 
A person who is the beneficiary under a deed of trust for the property where a property-related violation occurs or continues and that person has not corrected the violation within 30 calendar days after being notified by the director in writing of the violation and the fact that the trustee under the deed of trust is no longer living on the property and his or her whereabouts is unknown.
(Ord. 639 § 2.2, 2003; Ord. 694 § 1.1, 2005)
A. 
Each and every day a violation exists shall be a separate and distinct violation and is subject to a separate and distinct civil fine.
B. 
A civil citation may charge a violation for one or more days on which a violation exists, and for violation of one or more code sections.
C. 
Every person who applies for and receives a license or permit, or any type of land use approval (e.g., subdivision maps, conditional use permits, variances, etc.) or other entitlement, shall comply with all conditions imposed upon the issuance of the license or permit, or any type of land use approval or other entitlement. If a person violates any condition of such license or permit, or land use approval or other entitlement, he or she may be issued a civil citation and be liable for civil fines under the provisions of this chapter.
D. 
The city may take into consideration the fact that a person has been issued civil citations when the city is determining whether to grant, modify, suspend, revoke, or deny any license or permit, or any type of land use approval or other entitlement regarding that person or property, and such civil citations are evidence that the person has committed acts that are not compatible with the health, safety and general welfare of other persons or businesses in the vicinity.
(Ord. 639 § 2.2, 2003)
A. 
When a civil citation is issued for a building violation, a 30 calendar day correction period shall be allowed for the correction of the violation and the responsible person shall correct the violation within that period. Notwithstanding the provisions of Section 1.10.040 of this chapter, no responsible person for a building violation shall be liable for a civil fine unless the violation continues after the 30 calendar days allowed for its correction, plus any extension, and a second civil citation is issued containing a notice of failure to correct.
B. 
The responsible person cited for a building violation may request an extension of the correction period, provided that a request is filed with the director before the 30 calendar day correction period ends. The director may, in his or her discretion, grant a reasonable extension of the time period to correct the violation if the responsible person has supplied substantial evidence showing that the correction cannot reasonably be made within the 30 calendar day period. The filing for such an extension does not, unless granted, extend the 30 calendar day correction period or any other time periods set by this chapter.
C. 
If a building violation has not been corrected by the end of the correction period, the enforcement officer has authority to issue to the responsible person a second civil citation containing a notice of failure to correct. The responsible person to whom the notice of failure to correct is issued shall be liable for and shall pay to the city the civil fine or fines described in the civil citation, which civil fine or fines shall be due on the date of issuance of the second civil citation. Additional civil citations may be issued and additional civil fines imposed for every day the violation continues uncorrected from the date of issuance of the second civil citation.
(Ord. 639 § 2.2, 2003)
A. 
Each civil citation issued shall contain the following information:
1. 
Name of the responsible person cited for the violation of this code;
2. 
The date and approximate time when the violation(s) occurred;
3. 
The address or definite description of the location where the violation(s) occurred;
4. 
The date on which the citation was issued;
5. 
The code section(s) or condition(s) violated and a description of the violation(s);
6. 
The amount of the civil fine for each violation cited;
7. 
A description of the civil fine payment process, including a statement advising that the civil fine shall be received by the city within 30 calendar days from the date of issuance of the civil citation, the procedure for payment of the civil fine, and the consequences for failing to timely pay the civil fine;
8. 
If a building violation, the civil citation shall also contain the date the 30 calendar day correction period expires and an explanation of how to request an extension of that 30 calendar day correction period. If the civil citation issued is the second civil citation containing a notice of failure to correct, it shall also state the amount of the civil fine(s) and a description of the civil fine payment process;
9. 
A notice that each day thereafter that a violation(s) remains uncorrected shall be a separate violation(s) subject to separate civil fine(s) until corrected;
10. 
An order prohibiting the continuation or repeated occurrence of each violation described in the civil citation;
11. 
A notice that the responsible person cited has the right to appeal the issuance of the civil citation by requesting an administrative hearing, including the time period within which the administrative hearing must be requested, and a description of the procedure to be used in requesting an administrative hearing;
12. 
A description of the procedure for requesting a waiver of the civil fine deposit;
13. 
An assignment of a hearing date, time and location if the responsible person cited files a request for administrative hearing and/or a waiver of the civil fine deposit;
14. 
A notice that the code violation is deemed to be a public nuisance;
15. 
A notice of the process for the collection of unpaid civil fines and/or nuisance abatement costs as provided for in this chapter;
16. 
The name and signature of the enforcement officer issuing the civil citation; and
17. 
Any other information deemed necessary by the director for enforcement or collection purposes.
B. 
Each civil citation issued shall include a self-addressed envelope in which the responsible person can send the civil fine or request for administrative hearing or civil fine deposit waiver to the city.
C. 
Failure of the civil citation to contain all of the information required in subsection (A) above shall not be a defense to the civil citation and shall not constitute grounds for dismissal of the civil citation.
(Ord. 639 § 2.2, 2003)
A civil citation may be served by any one of the following methods:
A. 
Personal Service. An enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the civil citation. If the responsible person served refuses or fails to sign the civil citation, the failure or refusal to sign shall not affect the validity of the civil citation or of the subsequent proceedings.
B. 
Service by Mail. If the enforcement officer is unable to locate or personally serve the responsible person, the civil citation shall be served by first-class mail, postage prepaid, with a declaration under penalty of perjury of service by mail executed by the person mailing the civil citation. The civil citation shall be addressed to the responsible person at the address shown on the last equalized property tax assessment rolls for Riverside County for a building or property related violation, or to any address known for the responsible person for all other violations. Service by mail shall be deemed to be effective service on the date it is mailed and shall not affect the validity of the civil citation or of the subsequent proceedings.
C. 
Service by Posting. If the enforcement officer is unsuccessful in either personal service or service by mail, the civil citation shall be posted in a conspicuous place on the real property where the violation occurs for a building or property related violation. Such posting shall be deemed to be effective service on the date of posting and shall not affect the validity of the civil citation or of the subsequent proceedings.
(Ord. 639 § 2.2, 2003)
A. 
The maximum amount of a civil fine for violating particular provisions of this code shall be set forth in a schedule of civil fines adopted by resolution of the city council. The schedule may include escalating civil fine amounts for repeat code violations occurring within specified periods of time. A fine amount, not to exceed those set forth by resolution, may be imposed or reduced at the discretion of the citing officer or the city attorney.
B. 
Where no civil fine amount is specified by resolution of the city council, civil fines shall be in accordance with those specified in Section 1.01.230 of this code.
C. 
A late payment penalty shall be imposed for civil fines not paid within 30 calendar days of their due date. The amount of the late payment penalty shall be 100% of the total amount of the civil fine owed.
D. 
In addition to any civil fine and/or late payment penalty, a hearing officer shall also assess administrative costs against the responsible person when it finds that a violation has occurred or that compliance has not been achieved within the time specified in the civil citation and any granted extensions thereof. Administrative costs may include any and all costs incurred by the city in connection with the matter including, but not limited to, costs of investigation, staffing costs incurred in preparation for an administrative hearing and for the administrative hearing itself, and costs for all reinspections of the property related to the violation(s).
E. 
Unless otherwise prohibited by law or regulation, all civil fines and administrative costs imposed pursuant to the provisions of this chapter shall accrue simple interest at the rate of eight percent annually until the civil fine or administrative costs, including interest thereon, is paid in full. Interest shall begin to accrue 30 calendar days after the due date for the civil fine or administrative costs and continue until the civil fine or administrative costs, including interest thereon, is paid in full.
(Ord. 639 § 2.2, 2003; Ord. 824 § 1.1, 2011; Ord. 853 § 1.1, 2012)
It is unlawful to engage in commercial cannabis activity, as defined by the California Department of Cannabis Control (DCC), in the city of Moreno Valley without a valid commercial cannabis regulatory permit issued by the city of Moreno Valley. This prohibition does not apply to delivery services provided by any cannabis business located outside the city of Moreno Valley, with a valid license or permit issued by DCC that allows for delivery services. Violation of this section shall be subject to a maximum civil penalty of $30,000 per day, outside of any asset forfeiture.
(Ord. 989 § 3, 2022)
A. 
Civil fines are due on the date the civil citation is issued, except civil fines for building violations shall be due on the date the second civil citation is issued containing the notice of failure to correct.
B. 
A civil fine shall be late if not received by the city within 30 calendar days of the date the civil citation was issued.
C. 
If a responsible person requests an administrative hearing and has received a waiver of civil fine deposit and the hearing officer upholds the civil citation, the civil fine shall be due on the date the notice of decision is personally delivered or mailed to the responsible person.
(Ord. 639 § 2.2, 2003)
A. 
A civil fine shall be received by the city finance department within 30 calendar days of its due date.
B. 
Payment of a civil fine shall not excuse the responsible person from correcting the code violation(s). The issuance of a civil citation and/or payment of a civil fine does not bar the city from taking any other enforcement action regarding a code violation that is not corrected, including issuing additional civil citations, and/or filing civil or criminal complaints.
(Ord. 639 § 2.2, 2003)
A. 
Civil fines, interest, penalties, reinspection fees, and/or administrative costs shall become a debt owing to the city and a personal obligation of the responsible person cited.
B. 
The city, at its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid civil fines, administrative charges, interest and penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total amount of the civil fines, interest and penalties owed by a person under this chapter have been collected.
C. 
The city may refuse to issue, extend, or renew any city permit, license, or other city approval to any person, who has unpaid delinquent civil fines, interest, penalties, liens or assessments due under this chapter related to the permit, license, or approval.
D. 
The city may suspend any permit, license, or land use approval issued to a person who has unpaid civil fines related to the permit, license, or approval totaling $500 or more that have been delinquent for over 30 calendar days. The suspension shall become effective 20 calendar days after notice of the suspension is placed by the director in the U.S. mail, postage prepaid, addressed to the person and shall continue until the delinquency is paid in full. The person may request an administrative hearing pursuant to the provisions of this chapter on the issue of civil fine delinquency only, if the request is filed with the director before the 20 calendar day period ends. Continuing to operate under a suspended permit, license or land use approval shall be grounds for revocation of the permit, license or land use approval. Revocation may be made by the same city department, board or commission issuing or granting the permit, license or land use approval upon the same notice and hearing requirements for the initial issue or grant, or upon such other procedures and notice requirements if controlled by another provision of this code. In no event shall revocation occur upon less than 10 calendar days' written notice.
E. 
It shall be unlawful for a responsible person to fail to pay any civil fine, interest, penalty, reinspection fee, or administrative charges imposed pursuant to this chapter. The city attorney, at his or her discretion, may issue a criminal citation or complaint for an infraction to any responsible person who fails to make such a payment. The criminal fine for this violation shall be a mandatory minimum of $100.
F. 
Any violation of this code shall constitute a nuisance. To compel 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 a property-related violation occurred. Any unpaid delinquent civil fines, interest, penalties, reinspection fees, or administrative charges may be recovered as part of any such lien or special assessment against the property of the responsible person who is the owner of the property where the violation occurred pursuant to Government Code Sections 38773.1 and 38773.5.
G. 
To recover any delinquent civil fines, interest, penalties, reinspection fees, or administrative charges as a nuisance abatement lien and/or special assessment against the property where a property-related violation occurred, the city's director of finance may, at his or her discretion, take the following steps:
1. 
Submit to and receive from the city council a resolution certifying the amounts of the liens and special assessments sought to be collected from each property owner;
2. 
Request the Riverside County recorder to record a notice of any liens, or special assessments, and send the recorder the resolution certifying the amounts;
3. 
Request the Riverside County tax collector to collect any special assessments certified by the city council; and
4. 
Take any and all other necessary action to enforce collection of any liens or special assessments provided for in this chapter.
H. 
The director may pursue the lien and special assessment remedies whether or not the city is pursuing any other action to terminate an ongoing code violation that was the basis for the civil fine.
I. 
All civil citations shall contain a notice that unpaid civil fines, interest, penalties, reinspection fees, and administrative charges are subject to the assessment and lien collection procedures of this section. The lien or assessment shall be imposed on the date the civil citation for the code violation is issued to the responsible person and becomes effective upon the recording of a notice of lien or assessment by the Riverside County recorder. This notice shall satisfy the notice requirements of Government Code Sections 38773.1 and 38773.5, when a civil citation is personally served on the responsible person. In addition, the city finance director shall send notice by first class mail stating the date, time and location of the meeting to each property owner listed in the proposed resolution at least 10 calendar days before the city council considers the resolution and certifies the amounts of the liens and special assessments.
J. 
A responsible person may contest the amount and/or validity of any lien or assessment for a civil fine at the public hearing to certify the amount of the lien or assessment by the city council pursuant to the provisions of this chapter. Such contests shall be limited to the issue of the amount and/or validity of the lien or assessment and may not consider whether the underlying code violation occurred. Pursuit of such a contest by a responsible person is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or assessment.
K. 
The parent or legal guardian of a responsible person who is a minor shall be liable for any civil fines imposed upon the minor pursuant to the provisions of this chapter. Any such civil fines may be collected from the minor, parent or guardian.
(Ord. 639 § 2.2, 2003)
A. 
A responsible person may request a preliminary civil citation review. The request for a preliminary civil citation review shall be actually received by the community development department within 14 calendar days of the date of issuance of the civil citation, except a civil citation containing a notice of failure to correct a building violation shall not be subject to a request for preliminary civil citation review.
B. 
To obtain a preliminary civil citation review, the responsible person shall appear at the public service counter at City Hall and present a copy of the civil citation along with a signed written request for a preliminary civil citation review stating the reasons why no violation occurred or why the responsible person cited is not a responsible person for the violation. Attached to the signed written request for a preliminary civil citation review shall be copies of any evidence that the responsible person would like considered during the preliminary civil citation review. All requests for a preliminary civil citation review shall be date stamped upon receipt by the city.
C. 
A city employee designated by the director shall conduct the preliminary civil citation review. The reviewer shall not be the enforcement officer who issued the civil citation. The purpose of the preliminary civil citation review is to uncover and cancel any mistakenly issued civil citations due to errors that are easily verifiable, and not to resolve factual disputes concerning the violation that is the subject of the civil citation.
D. 
The preliminary civil citation review shall consist of a review of the citation, the written statement and any other evidence submitted at the time of the request by the responsible person and, at the discretion of the reviewer, any other related information. The review shall be decided within three business days of receipt of the request.
E. 
The responsible person shall be notified of the results of the preliminary civil citation review by a written notice of decision. The notice of decision shall be forwarded to the responsible person by mail, facsimile, or in person.
F. 
A request for preliminary civil citation review does not extend any time periods for compliance, including the civil fine due date, the time any correction period ends, or the time to request an administrative hearing.
G. 
If the conclusion of the preliminary civil citation review is that the civil citation was mistakenly issued or that the responsible person was not responsible for the violation, the citation shall be canceled.
(Ord. 639 § 2.2, 2003; Ord. 694 § 1.1, 2005)
A. 
A responsible person requesting an administrative hearing may also request at the same time a hardship waiver of the civil fine deposit. To seek such a waiver and obtain a separate administrative hearing on the request, the responsible person shall file with the city the signed written request form contained on the reverse side of the civil citation, check the box indicating this request, and attach a statement of the grounds for the request. The procedure governing the filing of such requests shall be the same, as provided in Section 1.10.140(B) of this chapter.
B. 
The person requesting the waiver bears the burden of establishing by substantial evidence that he or she does not have the financial ability to pay the deposit of the civil fine. The responsible person shall personally appear at the administrative hearing on the request and a nonappearance shall constitute an abandonment of the request.
C. 
The request shall be decided by the hearing officer at the administrative hearing date, time and place specified on the civil citation. The request shall be heard at a separate administrative hearing prior to the administrative hearing on the contest of the civil citation. At the conclusion of the administrative hearing on the waiver request, the hearing officer shall issue a notice of decision that the fine deposit is or is not waived. The hearing officer shall then insert on the notice of decision form the new date set for the administrative hearing on the contest of the civil citation that shall be within 45 calendar days. A copy of the notice of decision shall be delivered to the responsible person at the end of the administrative hearing on the waiver request.
D. 
If the waiver request is denied, the hearing officer shall give the responsible person a self-addressed envelope to use in making the civil fine deposit. The responsible person shall mail the deposit in the envelope provided so that it is received by the city at least five business days before the date designated on the notice of decision for the administrative hearing on the contest of the civil citation. The director is authorized to designate the address to which the deposit is to be mailed. Failure to make the deposit by the time required shall be deemed an abandonment of the request for an administrative hearing on the contest of the civil citation.
E. 
The filing of a request for hardship waiver of the civil fine deposit does not extend the time within which to request an administrative hearing on the contest of the civil citation or any other time set forth in this chapter, except as provided in subsection (D) of this section. A hearing officer decision on the waiver request is final and not subject to an appeal pursuant to Section 1.10.170 of this chapter.
(Ord. 639 § 2.2, 2003)
A. 
A responsible person may contest a civil citation by filing a request for an administrative hearing, except that an administrative hearing of a building violation may not be requested unless and until a second civil citation is issued containing a notice of failure to correct. To obtain an administrative hearing, the responsible person shall file a signed written request form contained on the reverse side of the civil citation and indicate the grounds for contesting the civil citation and/or civil fine. A responsible person may contest the civil citation by denying that a violation occurred, by denying that it was not corrected within the correction period, if applicable, or by denying that the responsible person cited is a responsible person for the violation.
B. 
To be effective and complete, the city must actually receive the request within 30 calendar days of the date the citation was issued accompanied by a deposit of the full amount of the civil fine. The request for administrative hearing shall not be accepted for filing if not accompanied by the civil fine deposit unless the responsible person also requests a waiver of the civil fine deposit pursuant to this chapter. Where the responsible person mails a request and civil fine deposit, the request and civil fine deposit shall be deemed filed on the date actually received by the city. All requests shall be date stamped upon receipt by the city. The director is authorized to designate the location within the city where the civil fines and deposits must be received.
C. 
The responsible person shall appear at the administrative hearing on the date and at the time and place specified on the civil citation. Failure to personally attend the administrative hearing shall be considered a nonappearance. Nonappearance by the responsible person shall constitute an abandonment of the request unless the administrative hearing was continued pursuant to the provisions of this chapter.
(Ord. 639 § 2.2, 2003)
A. 
A hearing officer shall conduct no administrative hearing unless the civil fine has been deposited or waived in accordance with the provisions of this chapter.
B. 
Hearings shall be conducted by a hearing officer either:
1. 
On the date and at the time and place specified on the civil citation;
2. 
On the date designated on the notice of decision when there was a request to waive the civil fine deposit which was heard on the date indicated on the citation;
3. 
On the date designated as a continued hearing date, as specified hereinbelow; or
4. 
On a date set by the director at least 10 calendar days, but not more than 30 calendar days, after the responsible person requests an administrative hearing pursuant to Section 1.10.110(C) of this chapter. At least 10 calendar days written notice thereof shall be given to the responsible person.
C. 
The director shall ensure that the pertinent civil citation records are delivered to the hearing officer, including information showing all civil fine deposits or waivers granted.
D. 
At the administrative hearing, the director shall make available to the responsible person copies of any additional reports concerning the civil citation that are provided to the hearing officer.
E. 
The responsible person shall be given the opportunity to testify and to present evidence relevant to financial hardship, the code violation specified in the citation, or the fact that all fines have been paid. A parent or legal guardian of a responsible person who is a juvenile under 18 years of age shall accompany the responsible person at the administrative hearing or the contest of the civil citation or request for waiver of the civil fine deposit shall be deemed abandoned.
F. 
The civil citation, and any other reports prepared by the enforcement officer, or prepared at his or her request concerning the code violation, any attempted correction of the code violation, or civil fine payments that are provided to the hearing officer shall be accepted by the hearing officer as prima facie evidence of the code violation and the facts stated in such documents.
G. 
Neither the enforcement officer, nor any other representative of the city shall be required to attend the administrative hearing. The hearing officer shall not require that there be submitted any evidence, other than the civil citation, that may exist among the public records of the city on the code violation. However, any such appearance and/or submission may be made at the discretion of the enforcement officer or any city employee or agent.
H. 
The hearing officer, director, or city attorney may continue an administrative hearing if a request is made by the responsible person, or the responsible person's representative, or the representative of the city, upon a showing of good cause. All continuance requests shall either be made in person at the administrative hearing or by written request received by the department at least 24 hours before the administrative hearing date. If the continuance is granted, a new administrative hearing date shall be set within 45 calendar days and noted on the notice of decision. If the continuance is denied, the administrative hearing shall proceed as scheduled, and, if the responsible person is not present, the contest of the civil citation or request for civil fine deposit waiver shall be deemed abandoned in accordance with the provisions of this chapter. The decision on the continuance request is final and the notice of decision shall either be delivered personally to the responsible person or the representative if present, or be mailed to the responsible person by the department.
I. 
The administrative hearing shall be conducted informally and the legal rules of evidence need not be followed. The hearing officer does not have the authority to issue a subpoena.
J. 
The failure of the responsible person to appear at the administrative hearing, unless continued in accordance with the provisions of this chapter, shall constitute an abandonment of the request for waiver of the civil fine deposit and/or contest of the civil citation, and a failure to exhaust administrative remedies concerning the code violation(s) as set forth in the civil citation. The city shall credit the civil fine deposit against the civil fine due for the code violation(s). The responsible person's failure to appear shall be noted on the notice of decision by the hearing officer and delivered to the responsible person either in person of by mail.
(Ord. 639 § 2.2, 2003)
A. 
After consideration of all the evidence and testimony submitted at the administrative hearing, the hearing officer shall issue a written decision to either waive the civil fine deposit, not waive the civil fine deposit, uphold the civil citation, or cancel the civil citation. The hearing officer has no discretion or authority to reduce or modify a civil fine. The decision will be made on a notice of decision form and designate the reasons and evidence considered for the decision. The decision of the hearing officer shall be made at the conclusion of the administrative hearing and shall be final. The notice of decision shall be personally delivered to the responsible person at the conclusion of the hearing, if available, or mailed to the responsible person by the department.
B. 
If the decision of the hearing officer is to waive the civil fine deposit, then the responsible person is not required to deposit the civil fine prior to the date of the administrative hearing on the contest of the civil citation.
C. 
If the decision of the hearing officer is to uphold the civil citation, then the city shall keep the civil fine deposited. If the civil citation is upheld and the civil fine deposit has been waived, the civil fine shall be due on the date the notice of decision is given to the responsible person at the end of the administrative hearing by the hearing officer, or the date the notice of decision is mailed to the responsible person by the department.
D. 
If the decision of the hearing officer is to cancel the civil citation, then the city shall refund the civil fine deposit to the responsible person within 30 calendar days of the date of the notice of decision.
E. 
The hearing officer's continued employment, performance evaluation, compensation, and benefits shall not directly or indirectly be linked to the number of civil citations upheld or canceled by the hearing officer.
(Ord. 639 § 2.2, 2003)
A. 
Any person aggrieved by an administrative decision of a hearing officer may seek judicial review of the administrative hearing decision by filing an appeal with the superior court of Riverside County in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. The aggrieved person filing the appeal shall be responsible for paying the statutory filing fee to the superior court when the appeal is filed.
B. 
No appeal is permitted from an administrative decision regarding:
1. 
A request for preliminary civil citation review;
2. 
An extension of the 30 calendar day correction period for building violations;
3. 
A request for waiver of the civil fine deposit; or
4. 
A decision that the responsible person is deemed to have abandoned the contest of the civil citation or civil fine due to her or his failure to appear at the administrative hearing or failure to deposit the civil fine.
C. 
The city attorney shall forward to the superior court within 15 calendar days of its request, the pertinent civil citation documents for any case appealed to that court. If the superior court cancels any civil citation, the city shall refund any civil fine deposit made and the appeal-filing fee within 30 calendar days of its receipt of the court's decision.
(Ord. 639 § 2.2, 2003)
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this chapter, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the determination of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this chapter or its application to other persons. The city council hereby declares that it would have adopted this chapter and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.
(Ord. 639 § 2.2, 2003)