Editor's note—Ord. 5801, § 4, adopted June 25, 2013, amended chapter 2.90 in its entirety to read as herein set out. Formerly, chapter 2.90, §§ 2.90.010—2.90.090, pertained to civil cost recovery of administrative costs, and derived from the prior code, §§ 2-70—2-78, and Ord. 5030, §§ 2—10, adopted 1993.
A. 
The council finds and determines that it is appropriate and necessary to require the recovery of administrative costs (as defined in section 1.24.030 of the Code) incurred by the city for the enforcement of various provisions of this code relating to the public's health, safety and welfare from those whose action or inaction caused, allowed or permitted such condition to exist, including, but not limited to administrative costs incurred by city personnel who spend considerable time inspecting and reinspecting properties throughout the city in an effort to abate conditions on properties which constitute a nuisance and a violation of this code or any state statutes or regulations that the city is authorized to enforce.
B. 
The council further finds and declares that an appropriate method to recover such administrative costs incurred is the imposition of administrative fees. The collection of administrative fees shall not preclude the imposition of any administrative or judicial civil or criminal penalties or fines for violations of this code or state statutes.
(Ord. 5801, § 4, 6-25-2013)
For the purposes of sections 2.90.010 through 2.90.080, the following definitions shall apply:
"Administrative hearing officer"
means any person appointed or hired by the city manager to preside at administrative hearings.
"Director"
means and includes, but shall not be limited to, the city clerk, fire chief, police chief, the division heads of the following city departments: community development and housing, planning, public service, public works and any of their designated agents and representatives. It also includes division heads and designated agents and representatives of successor departments, if any.
"Enforcement officer"
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.
"Property owner"
means the owner of record based on the Los Angeles County Assessor's records or any person with legal, financial or equitable interest in the property at the time of violation.
"Responsible party"
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, § 4, 6-25-2013)
A. 
Notwithstanding and other provision of this code, any property owner or responsible party violating any provision of this code, or state statutes or regulations the city is authorized to enforce, may be notified by an enforcement officer of the existence of any violation(s) and shall be given, at the option of the city, either one or more of the following: a "notice of violation or correction", an "administrative civil penalties notice and order", an administrative citation, or any other notice setting forth the violation, all of which shall include a deadline by which to abate the violation.
B. 
Reinspections may be made by enforcement officers to determine whether the violation has been abated.
C. 
Administrative fees to recover the administrative costs of abating violations of this code are authorized to be charged to the property owner or responsible party where any one or more of the notices or citations set forth in subsection A. have been issued to the property owner or responsible party and abatement has not been undertaken as determined by one follow-up inspection.
D. 
Administrative fees shall be charged in amounts established by resolution and shall include the actual costs incurred in the investigation, inspection, enforcement and administration of the enforcement action or abatement proceedings, in addition to any charges incurred for the actual abatement of the nuisance. The schedule for such fees shall remain on file and be available with the city clerk of the city. The appropriate division head shall review the administrative fees charged at least once annually, and shall, with the approval of the city manager, recommend changes to the council as appropriate.
(Ord. 5801, § 4, 6-25-2013)
A. 
Notwithstanding any other provision of this code, in addition to any other administrative action authorized by chapter 1.24 of the Code, the enforcement officer may, at his or her election, notify the property owner and any responsible party identified as causing the violation, of the existence of a violation by a written "notice of violation or correction."
B. 
The "notice of violation or correction" shall include the following information:
1. 
The sections of this code, state statute or regulation in violation;
2. 
A notice to correct the violations;
3. 
A deadline by which the violations must be corrected;
4. 
An explanation that administrative fees will apply if the violations are not corrected by the deadline.
C. 
The enforcement officer shall deliver the "notice of violation or correction" by any of the methods set forth in section 1.24.050. Notice by mail in the manner described above shall become effective on the date of mailing. Notification by personal service or posting shall become effective on the date of personal service or posting.
(Ord. 5801, § 4, 6-25-2013)
A. 
In addition to any other administrative action or hearing authorized by this code, at any time during or at the conclusion of the enforcement action or abatement, the appropriate city departments may, at their election, provide the property owner, responsible party, or any other person identified as causing the violation with written notice containing the following information:
1. 
The amount of fees charged and the purpose of the charge;
2. 
The date or dates when the action for which the administrative fee is being assessed took place; and
3. 
A deadline by which the administrative fees must be paid.
B. 
The notice referenced above shall be delivered to the property owner, responsible party or any other person identified as causing the violation by any one of the means specified in section 1.24.050
(Ord. 5801, § 4, 6-25-2013)
A. 
Notwithstanding any other process set forth in this code regarding administrative hearings to confirm administrative costs or fees, if administrative fees are not paid, the appropriate department in the city may, at its election, set a hearing for confirmation of administrative fees. If such hearing is set, the appropriate department in the city shall notify the property owner, responsible party or any other person identified as causing the violation of the time and place fixed for an administrative fee confirmation hearing.
B. 
Notwithstanding any other process set forth in this code regarding administrative hearings to confirm administrative costs or fees, at the time and place fixed for confirming the administrative fees, the administrative hearing officer shall review the notice of administrative fees and hear all relevant testimony, review relevant documents or exhibits, and hear objections or protests raised by any of the persons or entities liable to be assessed for said fees. The confirmation hearing shall not be limited by the technical rules of evidence and shall, when applicable, follow the procedures set forth in section 1.24.140. Upon a determination of good cause, the administrative fees may be sustained, modified or waived. Any sustained or modified fees shall be confirmed by the hearing officer. The fees may be modified or waived by the hearing officer if he or she finds the evidence presented, which shall be allowed to be submitted to augment the evidence allowed under subsection 1.24.140.E., demonstrates the following:
1. 
There was an error of fact regarding the existence of the violations, or the nature of the administrative fees, or both.
2. 
Extraordinary circumstances beyond the control of the property owner or other responsible party made it impossible for the violations to be remedied by the time required for compliance.
3. 
The property owner or other responsible party has income at or below the "very low income" level according to the U.S. Department of Housing and Urban Development, requests a modification or waiver of administrative fees, and has no previous record of violations.
4. 
There are extraordinary circumstances beyond the control of the property owner or other responsible party which justify a modification or waiver of the administrative fees.
5. 
The property owner, responsible party or any other person identified as causing the violation abated all violations within two weeks of the delivery of the "notice of violation or correction" and has no previous record of violations.
C. 
A notice of the confirmed administrative fees shall be delivered to the property owner, responsible party, or any other person identified as causing the violation by any one of the means specified in section 1.24.050
D. 
During the administrative hearing to confirm administrative costs or fees, the administrative hearing officer shall have the qualifications, independence and powers set forth in section 1.24.170
E. 
The decision of the administrative hearing officer rendered after the administrative hearing to confirm administrative costs or fees is final and conclusive. Any person aggrieved by a decision of an administrative hearing officer following the administrative hearing to confirm administrative costs or fees 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, § 4, 6-25-2013)
A. 
The confirmed administrative fees shall constitute a special assessment against the respective lot or parcel of land to which it relates; and, after its recordation in the office of the Los Angeles County recorder, shall constitute a lien on the parcel in the amount of the assessment to be collected on the next regular property tax bill levied against the parcel.
B. 
The confirmed administrative fees shall be deemed a debt to the city and, as an alternative to the procedure authorized by subsection A. of this section, the city may collect this amount as any civil debt owed to the city in any court of competent jurisdiction. The city may, at its election, pursue any remedy provided by law for collection of the unpaid administrative fees.
(Ord. 5801, § 4, 6-25-2013)
A. 
The provisions of this chapter are nonexclusive and supplementary to existing rights and remedies. Nothing in this chapter shall prevent the city from commencing any administrative remedy authorized by this code or any appropriate action to abate a nuisance, nor shall anything in this chapter be deemed to prevent the city from commencing a criminal or civil action with respect to the violation.
B. 
If the city commences an action to abate a nuisance, the city may recover its costs and attorneys' fees as part of the judgment which may be recorded as an assessment against the property and constitute a lien thereon. This section grants specific authority to any court of competent jurisdiction to grant an award of costs and attorneys' fees in favor of the city. This section for recovery of attorneys' fees may be used alternatively to, or in conjunction with, the procedures set forth above; however, in no event may the city obtain a double recovery. Failure of a court to award attorneys' fees as part of a judgment does not preclude the city from assessing costs against the property pursuant to the procedures set forth above.
(Ord. 5801, § 4, 6-25-2013)