A.
The
city council has determined that the enforcement of the Glendale Municipal
Code throughout the city is an important public service and is vital
to the protection of the public's health, safety and quality of life.
The city council further finds that enforcement of the provisions
of the Glendale Municipal Code is a municipal affair, as well as a
matter of purely local concern to the citizens of Glendale. The city
council has determined a need for alternative methods of code enforcement
and that a comprehensive code enforcement system uses a combination
of judicial and administrative remedies to gain compliance with code
regulations. The city council further finds that an appropriate method
of enforcement is the imposition of administrative penalties as independently
authorized by both California Constitution Article XI, Section 7,
and California Government Code Section 53069.4. The city council finds
a need to draft precise regulations that can be effectively applied
in judicial and administrative proceedings and further finds that
there is a need to establish uniform procedures for the proper application
of administrative code enforcement remedies and administrative hearings
to resolve administrative code enforcement cases and appeals.
B.
It is
the purpose and intent of the city council to afford due process of
law to any person who is directly affected by an administrative enforcement
action. Due process of law includes adequate notice of the violation
and enforcement remedy chosen by the city, an adequate explanation
of the reasons justifying the administrative enforcement action taken
by the city, and an opportunity to participate in the appropriate
administrative enforcement or appeal hearing. These procedures are
also intended to establish a forum to efficiently, expeditiously and
fairly resolve issues raised by any administrative enforcement action.
C.
The
city manager, or the designated representative thereof, is authorized
to develop and implement policies and procedures relating to the qualifications,
appointment, hiring and compensation of administrative hearing officers;
the powers of administrative hearing officers; and all other matters
relating to conducting administrative hearings as provided in this
code.
(Ord. 5801, § 3, 6-25-2013)
Sections 1.24.020 through 1.24.180 shall be deemed the general provisions of this chapter. These sections shall apply to both the administrative citation and administrative civil penalties processes, each of which constitute separate remedies, as set forth in this chapter; and to other provisions of this code where incorporated therein by reference.
(Ord. 5801, § 3, 6-25-2013)
The following definitions shall apply in interpretation and
enforcement of this chapter:
means all costs incurred by or on behalf of the city from
the first discovery of the violation of the Glendale Municipal Code
through the appeal process and until compliance is achieved, including
but not limited to: staff time in investigating the violation, inspecting
the property where the violation occurred, preparing investigation
reports, sending notices, preparing for and attending any appeal hearing,
attorneys' fees, and fees paid to the administrative hearing officer.
"Administrative costs" shall not mean the administrative citation
fines and the administrative civil penalties assessed pursuant to
this chapter. "Administrative costs" shall not mean late payment charges
that accrue, or collection costs incurred, as a result of unpaid administrative
citation fines.
means administrative abatement, summary abatement, administrative
citations, and administrative civil penalties as provided in this
code; and recordation of any notice, including notice of pendency
of administrative proceeding, to the property owner and all other
interested parties of violations of any provisions contained in the
Glendale Municipal Code.
means any person appointed or selected by the city manager
to preside at administrative hearings.
means the city manager of the City of Glendale and his or
her designee.
means any city employee or agent of the city with the authority
to enforce any provision of this code, state statutes or regulations
that the city is authorized to enforce.
shall mean the Municipal Code of the City of Glendale, California,
1995, including all pertinent provisions of state codes as adopted
therein, enacted by the city council of the City of Glendale acting
pursuant to authority granted under the City Charter or other applicable
law.
means each person committing the violation or causing a condition
on a parcel of real property located within the city to violate the
Glendale Municipal Code; each person who has an ownership interest
in that property; and each person who although not an owner, nevertheless
has a legal right or a legal obligation to exercise possession and
control over that property. In the event the person who commits the
violation or causes the violating condition is a minor, then the minor's
parents or legal guardian shall be deemed the responsible party. In
the event the violation or violating condition is most reasonably
attributable to a business and not to an employee, then that business,
to the extent it is a legal entity such that it can sue and be sued
in its own name, and each person who is an owner of that business
shall each be deemed responsible parties.
(Ord. 5801, § 3, 6-25-2013)
Notwithstanding any other provision of the Glendale Municipal
Code, an enforcement officer shall have the power to use the provisions
of this chapter to enforce any and all provisions of this code and
to use whatever judicial and administrative remedies are available
under this code.
(Ord. 5801, § 3, 6-25-2013)
A.
Notwithstanding
any other provision of this code, any notice required to be given
under the Glendale Municipal Code may be served by any of the following
methods:
1.
Personal
service;
2.
Proof
of mail, and first class mail to each responsible party at his or
her last known address as it appears on the public records related
to title or ownership of the property that is the subject of an administrative
enforcement action; or
3.
As
to only those responsible parties who reside at or occupy the property
that is the subject of an administrative enforcement action, as determined
through diligent investigation; by posting the notice conspicuously
on or in front of the subject property and mailing a copy of the notice
to them by first class mail.
B.
Service
by proof of mail or first class mail in the manner described above
shall be effective on the date of mailing.
C.
The
failure of any responsible party or other person with a legal or equitable
interest in the property to receive any notice served in accordance
with this section shall not affect the validity of any proceedings
taken under this code.
(Ord. 5801, § 3, 6-25-2013)
Enforcement officers are authorized to enter upon any property
or premises within the city to ascertain whether the property or premises
is in compliance with the Glendale Municipal Code, and to make any
inspection as may be necessary in the performance of their enforcement
duties. These inspections may include the taking of photographs, samples
or other physical evidence, and the making of video and/or audio recordings.
All such entries and inspections shall be done in a reasonable manner.
If an owner, lawful occupant, or the respective agent thereof refuses
permission to enter and/or inspect, the enforcement officer may seek
an administrative inspection warrant pursuant to the procedures provided
by California Code of Civil Procedure Section 1822.50 through 1822.59,
as may be amended from time to time, or the successor provisions thereto.
(Ord. 5801, § 3, 6-25-2013)
For the purposes of this chapter:
A.
The
enforcement officer may record with the county recorder's office a
notice against a property that is the subject of an administrative
enforcement action pending with the city.
B.
A "notice
of pendency" or other notice of pending administrative action shall
use a form approved by the city manager or his/her designee and shall
describe the nature of the administrative action and refer to the
applicable provisions of the Glendale Municipal Code governing the
pending administrative action.
(Ord. 5801, § 3, 6-25-2013)
The procedures established in this chapter for the use of administrative
citations and the administrative civil penalties process, and the
procedures established in other chapters of this code for administrative
abatement and summary abatement, as means for addressing violations
of this code shall be in addition to criminal, civil or other legal
or equitable remedies established by law that may be pursued to address
violations of this code and the use of this chapter shall be at the
sole discretion of the city.
(Ord. 5801, § 3, 6-25-2013)
Each day a violation of this code continues to exist shall constitute
a new, separate, and distinct violation.
(Ord. 5801, § 3, 6-25-2013)
A.
Unpaid
fines or penalties and their related costs, arising from administrative
citations, administrative civil penalties actions or other administrative
enforcement actions as provided by this code shall be a debt to the
city and subject to all remedies for debt collection as allowed by
law. The city shall be entitled to interest from the date the order
becomes final or 30 days after the first billing whichever date is
later.
B.
When
a violation involves real property and the fines, penalties, and related
costs are not paid within the prescribed time, the amount of those
fines, penalties, and their related costs may be recorded as a lien
upon and against the real property without further hearing, subject
to notice of the lien as required by law.
C.
The
notice of lien shall be substantially in this form:
|
NOTICE OF LIEN
|
|
Claim of the City of Glendale, California.
|
|
Pursuant to the authority vested by Section 1.24.100 of the Glendale Municipal Code, the amount of uncollected fines, penalties, and related costs may be recorded as a lien upon and against the real property where the violation of law occurred and which is the subject of the administrative enforcement action(s) resulting in the award, imposition, or assessment of a fine, penalty and all costs associated therewith.
|
|
On (date) an administrative hearing officer conducted (as an
evidentiary proceeding) an administrative hearing, pursuant to the
applicable provisions of the Glendale Municipal Code. Following the
presentation of evidence and the issuance of a ruling in the matter,
the administrative hearing officer upheld a fine or awarded, imposed,
or assessed a monetary penalty in the amount of ______ and assessed
administrative costs in the amount of _______ as set forth in the
(type of administrative hearing order) issued on (date). Whereby the
City of Glendale does hereby claim a lien for these sums as yet unpaid
in the amount of ________ and this sum shall be a lien upon the parcel
of real property identified herein until that principal sum, and the
sum of any interest upon that principal as may be allowed by law and
calculated at the then existing legal rate, has been paid in full
and discharged of record.
|
|
The real property upon which this lien is claimed is that certain
parcel of land, the structures thereon and any appurtenances connected
thereto and located within the City of Glendale, County of Los Angeles,
State of California, and particularly described as follows:
|
|
(Legal Description)
|
|
(Street address, if any)
|
|
(Assessor's Parcel Number)
|
|
Further, the City of Glendale gives NOTICE that this Notice
of Lien shall not be deemed or construed to prohibit the City of Glendale
from making additional claims and giving and recording one or more
Notices of Lien thereon as may be required in those cases where the
principal sum claimed, as a fine or penalty awarded, imposed, or assessed,
is subject to a cumulative accrual at a fixed daily rate until the
date the violations are corrected in full to the satisfaction of the
city, or the legal maximum limit (cap) of that penalty has been reached,
or the total amount of the lien has been paid in full.
|
|
DATED this ________ day of ________, (year).
|
|
City Clerk of the City of Glendale, California.
|
D.
Alternatively, unpaid fines or penalties and their related costs, arising from administrative citations, administrative civil penalties actions or other administrative enforcement actions as provided by this code, involving real property may also constitute assessment liens and be collected as special assessments by the Los Angeles County Treasurer-Tax Collector as set forth in chapter 8.30 of the Glendale Municipal Code.
(Ord. 5801, § 3, 6-25-2013)
A.
There
shall be two general types of administrative hearings: the enforcement
hearing and the appeal hearing, in order to effect a proper enforcement
of the Glendale Municipal Code and provide for the procedural and
substantive due process rights of all persons subject to enforcement
of this code through the application of its administrative code enforcement
remedies.
B.
Where
this code requires the city to seek an administrative hearing as the
means of enforcing this code through the imposition of an administrative
penalty for a responsible party's failure or refusal to comply with
the appropriate notice for his violation of the Code, the hearing
shall be an administrative enforcement hearing.
C.
Where an aggrieved, responsible party seeks to appeal from an administrative decision, or an administrative enforcement action not requiring an administrative enforcement hearing, the hearing shall be an administrative appeal hearing. Both types of hearings shall provide for judicial review. The procedures set forth at section 1.24.140 apply to both administrative enforcement and appeal hearings conducted pursuant to this code.
(Ord. 5801, § 3, 6-25-2013)
A.
Where
the action or proceeding for an administrative code enforcement remedy
authorized by this chapter, or elsewhere in this code, provides for
or requires an administrative enforcement hearing; the city manager
or his designee shall schedule the date, time, and place for that
hearing before an administrative hearing officer when so required
by the particular remedy involved.
B.
A written
notice of the administrative enforcement hearing setting forth the
date, time, and place of that hearing shall be served on the responsible
party at least 10 calendar days prior to the date set for that hearing.
C.
The notice of hearing shall be served by any of the methods of services listed in section 1.24.050 of this chapter.
D.
The
notice of hearing shall include an itemized statement of administrative
costs which the city seeks to be assessed in addition to the amount
of administrative civil penalties the city seeks to be assessed by
the administrative hearing officer,
(Ord. 5801, § 3, 6-25-2013)
A.
Right
of Appeal. Every administrative code enforcement action initiated
pursuant to this code is subject to appeal according to the procedures
governing the particular administrative code enforcement remedy used,
as identified below.
C.
Administrative Civil Penalties Enforcement Order. The "appeal" process is a petition for judicial review pursuant to California Code of Civil Procedure Section 1094.6 as set forth at section 1.24.380 of this chapter.
D.
Administrative Hearing to Confirm Administrative Costs or Fees. The appeal process is a petition for judicial review pursuant to California Code of Civil Procedure Section 1094.6 as set forth at subsection 2.90.060.E. of chapter 2.90
F.
Notice of Intention to Abate and Remove an Abandoned, Wrecked, Dismantled or Inoperative vehicle or Parts Thereof as a Public Nuisance. The appeal process for a notice to abate and remove an abandoned, wrecked, dismantled or inoperative vehicle or parts pursuant to chapter 10.48 is set forth in section 10.48.120
G.
Other Administrative Action. The appeal process for any other administrative action not otherwise listed in this chapter or which is listed elsewhere in this code, is the process provided for in the applicable chapter or section that discusses the administrative action. If the appeal process for such an administrative action is not specifically set forth in the applicable chapter or section discussing the administrative action, it shall be the appeal process set forth in chapter 2.88, titled "Uniform Appeal Procedure."
(Ord. 5801, § 3, 6-25-2013)
A.
Administrative
hearings are intended to be informal in nature. Formal rules of evidence
and discovery do not apply. Other than copies of citations, notices,
notice and orders, and inspection reports served on the responsible
parties as part of the enforcement action giving rise to the hearing,
no pre-hearing discovery of the city's evidence shall be permitted.
B.
The
city bears the burden of proof at an administrative hearing to establish
the existence of a violation of this code.
C.
A preponderance
of the evidence shall be the standard of proof used by the administrative
hearing officer in deciding the issues at an administrative hearing.
D.
Each
party shall have the opportunity to cross-examine witnesses and present
evidence in support of his or her case.
E.
The
only evidence that shall be permitted at the hearing and considered
by the administrative hearing officer in reaching a decision is that
evidence that is relevant to the proof or disproof of:
1.
Ownership
of the subject property, when applicable;
2.
Whether
a person noticed by the city as a responsible party is, in fact, a
responsible party;
3.
Whether
a violation of this code occurred and/or continues to occur on the
date or dates specified in the citation, notice, or notice and order;
4.
Whether
the responsible party has caused, maintained or permitted a violation
of this code on the date or dates specified in the citation, notice,
or notice and order; and in the event of an administrative enforcement
hearing on an administrative civil penalties notice and order, whether
the amount of civil penalties proposed by the enforcement officer
to be assessed pursuant to the procedures and criteria set forth in
this chapter are reasonable.
(Ord. 5801, § 3, 6-25-2013)
Any responsible party whose property or actions are the subject
of an administrative hearing and who fails to appear at the hearing
shall be deemed to have waived the right to a hearing; the adjudication
of the issues related to the hearing, any and all rights afforded
under this code; and shall be deemed to have failed to exhaust their
administrative remedies, provided that proper notice of the hearing
as required by this or other applicable chapter of this code has been
served.
(Ord. 5801, § 3, 6-25-2013)
The written decision of the administrative bearing officer setting
forth the findings and ruling in a particular case shall be entitled
"administrative hearing order," unless a different title is imposed
by this or other applicable chapter of this code, and conform to the
requirements set forth therein.
(Ord. 5801, § 3, 6-25-2013)
A.
Qualifications.
The city manager or the designated representative thereof shall promulgate
rules and procedures as are necessary to contract with qualified persons
capable of acting as administrative hearing officers.
B.
Independent
Authority. The employment, performance evaluation, compensation and
benefits of the administrative hearing officer shall not be directly
or indirectly conditioned upon the amount of the administrative fines
or penalties upheld, awarded, imposed, or assessed by the administrative
hearing officer.
C.
Disqualification.
Any person designated to serve as an administrative hearing officer
is subject to disqualification for bias, prejudice, interest, or for
other reason for which a judge may be disqualified in a court of law.
Rules and procedures for the disqualification of an administrative
hearing officer based upon a showing of actual bias, prejudice, interest,
or other reason shall be promulgated by the city manager or the city
manager's designee.
D.
Powers.
The administrative hearing officer shall have the power to:
1.
Conduct
administrative enforcement hearings and administrative appeal hearings
as provided under the authority of this code;
2.
Continue
a hearing based on good cause shown by one of the parties to the hearing
or upon his own independent determination that due process has not
been adequately afforded to a responsible party;
3.
Exercise
continuing jurisdiction over the subject matter of an administrative
enforcement hearing for the purposes of granting a continuance, ensuring
compliance with an administrative civil penalties enforcement order,
modifying an administrative civil penalties enforcement order, or
where extraordinary circumstances exist, granting a new administrative
enforcement hearing;
4.
Require
and direct a responsible party to post a performance bond to ensure
compliance with an administrative civil penalties enforcement order;
5.
Rule
upon the merits of an administrative appeal hearing or an administrative
enforcement hearing upon consideration of the evidence submitted and
issue a written decision resolving the case;
6.
Uphold,
award, impose, assess, or deny a fine or penalty authorized under
this code;
7.
Assess
administrative costs according to proof;
8.
Set,
increase, or decrease, according to proof, the amount of fine or penalty
or the daily rate of such fine or penalty sought by the city to be
awarded, imposed, or assessed in those cases where the fine or penalty
is not fixed but is subject to a range as otherwise established by
this code;
9.
In
those cases where the fine or penalty is not fixed but is subject
to a range as otherwise established by this code, determine the date
certain upon which the assessment of civil penalties shall begin;
and, where the corrections are subsequently completed to the city's
satisfaction, the date certain upon which the assessment of civil
penalties shall end. If the violations have not been so corrected,
the daily accrual of the penalties assessed shall continue until the
violations are corrected or the legal maximum limit is reached; and
10.
Where appropriate in administrative enforcement actions arising from
the issuance of an administrative civil penalties notice and order
and as a condition of compliance in correcting the violations at issue;
require each responsible party to cease violating this code and to
make all necessary corrections as specified by the city.
(Ord. 5801, § 3, 6-25-2013)
For the purposes of this chapter, each responsible party shall
be jointly and severally liable for any and all administrative fines,
administrative civil penalties, and related administrative costs awarded,
upheld, assessed, or imposed under this chapter.
(Ord. 5801, § 3, 6-25-2013)
For the purposes of this chapter:
A.
Any
person violating any provision of this code may be issued an administrative
citation by an enforcement officer as provided for in this chapter.
B.
A citation
fine shall be assessed by means of an administrative citation issued
by the enforcement officer and shall be payable directly to the city.
C.
Fines
assessed by means of an administrative citation shall be collected
in accordance with the procedures specified in this chapter.
(Ord. 5801, § 3, 6-25-2013)
A.
Upon
discovering a violation of this code, an enforcement officer may issue
an administrative citation to a responsible party in the manner prescribed
in this chapter. The administrative citation shall be issued on a
form approved by the city manager. At the discretion of the enforcement
officer, or as established by city administrative procedures, a responsible
party may be given a warning notice prior to the issuance of an administrative
citation. Such warning notice may contain a time frame within which
to remedy the violation. Except in the case of a violation creating
an immediate danger to health or safety, the enforcement officer shall
issue at minimum a 72-hour warning notice of violation to the responsible
party for a continuing violation pertaining to building, plumbing,
electrical or other similar structural or zoning issues, prior to
issuance of an administrative citation. Any warning notice shall be
posted at the property or personally served on the responsible party
at the time of issuance.
B.
If the responsible party is a business, the enforcement officer shall attempt to locate the owner and issue the owner an administrative citation. If the enforcement officer can only locate the manager or on-site supervisor or employee, the administrative citation may be issued in the name of the business and given to the manager or on-site supervisor or employee. A copy of the administrative citation shall also be mailed to the owner in the manner prescribed in section 1.24.050 of this chapter.
C.
Once
the responsible party is located, the enforcement officer shall attempt
to obtain the signature of that person on the administrative citation.
If the responsible party refuses or fails to sign the administrative
citation, the failure or refusal to sign shall not affect the validity
of the citation and subsequent proceedings.
D.
If the enforcement officer is unable to locate the responsible party for the violation at the property where the violation exists, then the administrative citation shall be mailed to the responsible party in the manner prescribed in section 1.24.050 of this chapter, and posted in a conspicuous place on or near the property.
E.
The
administrative citation shall also contain the printed name, identification
number and phone extension of the enforcement officer.
F.
The
failure of any person with an ownership interest in the property to
receive notice shall not affect the validity of any proceedings taken
under this chapter.
(Ord. 5801, § 3, 6-25-2013)
A.
The
administrative citation shall refer to the date and location of the
violations and the approximate time, if applicable, that the violations
were observed.
B.
The
administrative citation shall identify each violation by the applicable
section number of this code and by either the section's title or a
brief descriptive caption.
C.
The
administrative citation may describe the action required to correct
the violations.
D.
The
administrative citation shall require the responsible party to correct
the violations within the time stated in the citation and shall explain
the consequences of failure to correct the violations.
E.
The
administrative citation shall state the amount of the fine imposed
for the violations.
F.
The
administrative citation shall explain how the fine shall be paid and
the time period by which it shall be paid, and the consequences of
failure to pay the fine.
G.
The
administrative citation shall identify all appeal rights.
H.
The
administrative citation shall contain the printed name, identification
number, and phone extension of the enforcement officer and the signature
of the responsible party, if he/she can be located. If the responsible
party refuses to sign the administrative citation, then the enforcement
officer shall write "refused" on the signature line for the responsible
party.
(Ord. 5801, § 3, 6-25-2013)
A.
The
amount of fine to be assessed by means of an administrative citation
shall be established by resolution of the city council.
B.
All
fines assessed shall be payable to the city within 30 calendar days
from the date of the administrative citation.
C.
Any
person who fails to pay to the city any fine imposed pursuant to the
provisions of this chapter on or before the date that the fine is
due shall also be liable for the payment of any applicable late payment
charges set forth in the schedules of fines.
D.
The
city may collect any past due administrative citation fine or late
payment charge by use of any available legal means. The city may also
recover its collection and processing costs.
E.
Any administrative citation fine paid pursuant to subsection A. shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.
F.
Payment
of the fine shall not excuse the failure to correct the violations
nor shall it bar further enforcement action by the city.
G.
If the
responsible party fails to correct the violation, subsequent administrative
citations may be issued for the same violations. The amount of the
fine shall increase at a rate specified by resolution of the city
council.
(Ord. 5801, § 3, 6-25-2013)
Due to the significant risks posed by certain violations to
public health, safety and welfare, the amount of fine to be imposed
for certain violations of this code and assessed by means of an administrative
citation shall be of greater amounts than others and shall be established
by resolution of the city council.
(Ord. 5801, § 3, 6-25-2013)
The failure of any person to pay the fines assessed by an administrative
citation within the time specified on the citation may result in the
city filing a claim with the Superior Court of California, County
of Los Angeles, Small Claims Division or other appropriate division.
Alternatively, the city may pursue any other legal remedy to collect
the citation fines including, but not limited to, criminal prosecution.
(Ord. 5801, § 3, 6-25-2013)
The failure to comply with an administrative citation, including
any failure to pay an administrative fine, is a misdemeanor. The filing
of a criminal misdemeanor action does not preclude the city from using
any other legal remedy available to gain compliance with the administrative
citation.
(Ord. 5801, § 3, 6-25-2013)
A.
Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the city or its authorized designee within 30 calendar days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for advance deposit hardship waiver has been filed pursuant to subsection D. of this section.
B.
A request
for hearing form may be obtained from the department or entity specified
on the administrative citation.
C.
The
person requesting the hearing shall be notified of the time and place
set for the hearing at least 10 days prior to the date of the hearing.
D.
Advance
Deposit Hardship Waiver.
1.
Any
person who intends to request a hearing to contest that there was
a violation of the Code or that he or she is the responsible party
and who is financially unable to make the advance deposit of the fine
as required may file a request for an advance deposit hardship waiver.
2.
The
request shall be filed with the department specified on the administrative
citation on an advance deposit hardship waiver application form available
from the department or entity specified on the administrative citation,
within 10 days of the date of the administrative citation.
3.
The
requirement of depositing the full amount of the fine as required
shall be stayed unless or until the designee of the department specified
on the administrative citation makes a determination not to issue
the advance deposit hardship waiver.
4.
The
designee of the department specified on the administrative citation
may waive the requirement of an advance deposit and issue the advance
deposit hardship waiver only if the cited party submits to the department
specified on the administrative citation a sworn affidavit, together
with any supporting documents or materials, demonstrating to the satisfaction
of the designee of the department specified on the administrative
citation the person's actual financial inability to deposit with the
city the full amount of the fine in advance of the hearing.
5.
If
the designee of the department specified on the administrative citation
determines not to issue an advance deposit hardship waiver, the person
shall remit the deposit to the city within 10 days of the date of
that decision or 30 days from the date of the administrative citation,
whichever is later.
6.
The
designee of the department specified in the administrative citation
shall issue a written determination listing the reasons for the determination
to issue or not issue the advance deposit hardship waiver. The written
determination of the designee of the department specified in the administrative
citation shall be final.
7.
The
written determination of the designee of the department specified
on the administrative citation shall be served upon the person who
applied for the advance deposit hardship waiver.
(Ord. 5801, § 3, 6-25-2013)
A.
No hearing
to contest an administrative citation before an administrative hearing
officer shall be held unless the fine has been deposited in advance
or an advance deposit hardship waiver has been issued.
B.
Subject to the limitation imposed by subsection A. above, a hearing before the administrative hearing officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that the request for hearing is filed.
C.
At the
hearing, the party contesting the administrative citation shall be
given the opportunity to testify and to present evidence concerning
the administrative citation.
D.
The
failure of any responsible party who is subject to an administrative
citation to appear at the appeal hearing shall constitute a forfeiture
of the citation fine and a failure to exhaust his administrative remedies.
E.
The
administrative citation and any additional report submitted by the
enforcement officer shall constitute prima facie evidence of the respective
facts contained in those documents.
F.
The
administrative 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. 5801, § 3, 6-25-2013)
A.
After
considering all of the testimony and evidence submitted at the hearing,
the administrative hearing officer shall issue a written decision
("administrative citation appeal ruling") to uphold or cancel the
administrative citation and shall list in the decision the reasons
for that decision.
B.
If the
administrative hearing officer determines that the administrative
citation should be upheld, then the amount of the fine set forth in
the citation shall not be reduced or waived for any reason.
C.
If the
administrative 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.
D.
If the
administrative hearing officer determines that the administrative
citation should be upheld and the fine has not been deposited pursuant
to an advance deposit hardship waiver, the administrative hearing
officer shall set forth in the decision a payment schedule for the
fine.
E.
If the
administrative hearing officer determines that the administrative
citation should be canceled and the fine was deposited with the city,
then the city shall promptly refund the amount of the deposited fine.
F.
The
recipient of the administrative citation shall be served with a copy
of the administrative hearing officer's written decision.
G.
The
administrative hearing officer's written decision shall become final
on the date of mailing of the notice of decision.
(Ord. 5801, § 3, 6-25-2013)
Once the administrative hearing officer's written decision becomes
final as provided in this chapter, the time in which judicial review
of the order must be sought shall be governed by California Government
Code Section 53069.4, as that section may be amended from time to
time, or the successor provision thereto.
(Ord. 5801, § 3, 6-25-2013)
A.
The
process for the assessment of administrative civil penalties established
in this chapter is in addition to any other administrative or judicial
remedy established by law that may be pursued to address violations
of the Glendale Municipal Code.
B.
Any
person violating any provision of this code may be subject to the
assessment of administrative civil penalties and related administrative
costs pursuant to the procedures set forth in this chapter. In addition,
every person who applies for and receives a permit, license, land
use approval (e.g. subdivision map, conditional use permit, variance,
parking reduction permit) or any other approval required of the city
shall comply with all conditions imposed upon the issuance of such
permit, license or approval or shall be subject to the assessment
of administrative civil penalties and related administrative costs
pursuance to the procedures set forth in this chapter.
C.
Administrative
civil penalties, if awarded, assessed, or imposed; shall be assessed
at a daily rate, the amount of which shall be determined by the administrative
hearing officer and set forth in an administrative civil penalties
enforcement order following the presentation of evidence at an administrative
enforcement hearing according to the procedures established in this
chapter.
D.
The maximum legal rate for administrative civil penalties shall be $1,000 per day, per violation. The maximum legal amount of administrative civil penalties shall be $100,000, plus interest on unpaid penalties as provided in section 1.24.100, per parcel of real property, including any structures located thereon, for all violations of this code, including continuing violations, existing at the time the administrative civil penalties notice and order is issued by the department responsible for code enforcement or other authorized city department. Violations first occurring after the issuance of an administrative civil penalties notice and order shall be subject to enforcement through the issuance of a separate administrative civil penalties notice and order.
(Ord. 5801, § 3, 6-25-2013)
A.
Whenever
an enforcement officer determines that a violation of one or more
provisions of the Glendale Municipal Code has occurred or continues
to exist, a written administrative civil penalties notice and order
may be issued to each responsible party.
B.
The
administrative civil penalties notice and order shall specify all
of the following, required information:
1.
Date
of mailing by certified and first class mail.
2.
Identification
by name and last known mailing address of each responsible party.
3.
Identification
of the parcel or parcels of real property subject to the administrative
civil penalties notice and order by street address and assessor parcel
number (i.e., "APN") for improved parcels and by APN for unimproved
parcels not assigned a street address.
4.
Notice,
in boldface type, that this chapter authorizes the imposition or assessment
of administrative civil penalties up to $1,000 per day, per violation
of any section of the Glendale Municipal Code.
5.
Notice
that the subject property is in violation of one or more sections
of the Glendale Municipal Code as described in the inspection report(s)
attached to the administrative civil penalties notice and order. The
inspection report shall identify each violation by the applicable
section number and by either the section's title or a brief descriptive
caption; specifically indicate where on the subject property or structure
the violation occurred; the date(s) of occurrence; a brief description
of how each section was violated; a brief description of the remedial
or corrective action required to permanently correct the violation(s);
and a compliance deadline date for the completion of all required
corrections.
6.
A
demand and order to cease and desist from further action causing the
violations and to permanently correct the violations by completing
the action(s) specified in the inspection report(s) attached to the
administrative civil penalties notice and order by a calendar date
certain (the compliance deadline).
7.
Notice
that each responsible party is subject to an order requiring the payment
of administrative civil penalties for each violation not corrected
by the compliance deadline, in an amount determined by the administrative
hearing officer.
8.
A
list of each violation identified by the applicable section number
and the daily amount of administrative civil penalties proposed for
each violation.
9.
Identification of the specific factors that were used to determine the proposed daily amount of administrative civil penalties, pursuant to the criteria in section 1.24.320 of this chapter, to be sought by the city in the event the corrective action required is not completed prior to the compliance deadline.
10.
Notice of the date the amount of administrative civil penalties sought
shall begin to accrue, and that any administrative civil penalties
subsequently assessed shall continue on a daily basis at the daily
assessed rate until the violations have been permanently corrected
as determined by the city or the maximum amount has been reached.
11.
Notice that administrative costs, in addition to any administrative
civil penalties that may be imposed, may also be assessed by the administrative
hearing officer.
12.
Notice and a brief description of the consequences of a responsible
party's failure or refusal to appear at an administrative enforcement
hearing on the administrative civil penalties notice and order, and
a responsible party's failure or refusal to pay the assessed administrative
civil penalties and costs as provided in this chapter.
13.
Notice and a brief description of any other consequences arising
from a responsible party's failure or refusal to comply with the terms
and deadlines as prescribed in the administrative civil penalties
notice and order.
14.
Notice and a brief description of the administrative enforcement
hearing procedures as set forth in this chapter.
15.
Notice that a responsible party may seek judicial review of the administrative
civil penalties enforcement order pursuant to California Code of Civil
Procedure Section 1094.6.
C.
The
administrative civil penalties notice and order shall be served upon
each responsible party in the manner required under this chapter.
D.
More
than one administrative civil penalties notice and order may be issued
against the same responsible party if each such subsequent notice
and order concerns different dates, different violations, or different
locations.
(Ord. 5801, § 3, 6-25-2013)
A.
In determining
the date when administrative civil penalties start to accrue, an enforcement
officer may consider the date when the city first discovered the violation
as evidenced by the issuance of an administrative citation, administrative
civil penalties notice and order, or any other written notice or correspondence
to any responsible party.
B.
In determining
the amount of administrative civil penalties to be assessed on a daily
rate, an enforcement officer may consider some or all of the following
factors:
1.
The
duration of the violation.
2.
The
frequency of recurrence of the violation.
3.
The
seriousness of the violation.
4.
The
history of the violation.
5.
The
responsible party's conduct after issuance of the notice and order.
6.
The
good faith effort by the responsible party to comply.
7.
The
economic impact of the penalty on the responsible party.
8.
The
impact of the violation upon the community.
9.
Any
other factors that justice may require.
C.
The
city manager, or the designated representative thereof, shall have
the authority, but not the obligation, to establish a penalty schedule
for administrative hearing officers to use as a guideline in determining
the amount of administrative civil penalties in appropriate cases;
and to establish procedures for the use of this penalty schedule.
(Ord. 5801, § 3, 6-25-2013)
Notwithstanding procedures set forth in section 2.90.060 for an administrative hearing to confirm administrative costs or fees, the administrative hearing officer is authorized to assess any reasonable administrative costs as set forth in an itemized statement of administrative costs presented at the administrative enforcement hearing on the administrative civil penalties notice and order.
(Ord. 5801, § 3, 6-25-2013)
When the responsible party fails to comply with the terms of
the administrative civil penalties notice and order by correcting
the violation(s) and bringing the property into compliance with this
code, an enforcement officer may schedule an administrative enforcement
hearing as provided in this chapter.
(Ord. 5801, § 3, 6-25-2013)
A.
Within 15 calendar days of the completion of the administrative enforcement hearing on an administrative civil penalties notice and order, the administrative hearing officer shall exercise the powers conferred under section 1.24.170 and issue an administrative civil penalties enforcement order.
B.
The
administrative civil penalties enforcement order shall contain the
following information:
1.
Date
of administrative enforcement hearing.
2.
Identification
by name of each enforcement officer, responsible party, and all other
witnesses attending the hearing.
3.
Determination
of sufficiency of notice for due process purposes.
4.
Summary
of evidence presented by each witness, including exhibits.
5.
Findings of fact, analysis of applicable sections of the Glendale Municipal Code, and conclusions of law as to the issues specified at section 1.24.140 of this chapter.
6.
Determination
and assessment of administrative civil penalties and costs to be awarded
to the city, if any.
7.
Notice
of appeal rights and judicial review pursuant to Code of Civil Procedure
1094.6.
8.
Signature
of the administrative hearing officer and the signature date.
C.
The
administrative civil penalties enforcement order shall become final
and take effect on the date it is signed by the administrative hearing
officer.
(Ord. 5801, § 3, 6-25-2013)
Upon the failure of the responsible party to comply with terms
and deadlines set forth in the administrative civil penalties enforcement
order, the enforcement officer may use all appropriate legal means
to recover the administrative civil penalties and administrative costs
assessed and obtain compliance with the administrative civil penalties
enforcement order.
(Ord. 5801, § 3, 6-25-2013)
After the administrative hearing officer issues an administrative
civil penalties enforcement order, the enforcement officer shall periodically
and regularly inspect the subject property to determine whether the
subject property has been brought into compliance with the administrative
civil penalties enforcement order.
(Ord. 5801, § 3, 6-25-2013)
Any responsible party aggrieved by an administrative civil penalties
enforcement order may obtain judicial review of that order by filing
a petition for review with the Los Angeles County Superior Court in
accordance with the timelines and provisions set forth in California
Code of Civil Procedure Section 1094.6.
(Ord. 5801, § 3, 6-25-2013)
A.
It is
unlawful for a responsible party who has been served with a copy of
the final administrative enforcement order pursuant to this chapter
to fail to comply with that order.
B.
Failure
to comply with a final administrative enforcement order may be prosecuted
as an infraction or misdemeanor at the discretion of the city attorney.
C.
Failure
to comply with a final administrative enforcement order may result
in alternative remedies, such as civil injunction, abatement, receivership
or any other legal remedy.
(Ord. 5801, § 3, 6-25-2013)
