The following definitions apply to the use of these terms for
the purposes of this chapter:
means a citee who has submitted a valid and timely request
for hearing to contest an administrative citation issued pursuant
to the provisions of this chapter.
means the person given an administrative citation charging
him or her as a responsible person for a code violation.
means the city of Westminster or the area within the territorial
city limits of the city of Westminster, and such territory outside
of this city over which the city has jurisdiction or control by virtue
of any constitutional provision or any law.
means the city manager or his or her successor as chief executive
officer of the city of Westminster, or designee.
means any of the following: (1) the city manager, or city
officers or employees designated by him or her; (2) any peace officer
pursuant to California Penal Code Section 832; (3) any city public
safety officer; (4) any city code enforcement officer; (5) any Orange
County health care agency inspector; (6) any city building inspector;
(7) any Orange County fire agency inspector; (8) any city animal control
officer; and (9) any state or federal employee or officer authorized
by statute to enforce applicable state and federal laws.
include, but are not limited to, the following circumstances:
financial hardship; a cite issued with incorrect information, such
as the cite was not issued to the responsible person, the address
is incorrect, or the violations cited are incorrect; a legitimate
data entry or data processing error.
means the city manager or designee.
means giving a citation to the citee and issuance occurs
on the date when a citation is personally served on the citee, the
date it is mailed to the citee, or the date it is posted on real property
where a property related violation occurs.
means the city department that has the authority and responsibility
for enforcing the code section(s) designated on a citation as having
been violated.
means any approval required for a particular use of land,
including, but not limited to, permits, licenses, conditional use
permits, variances, or subdivision maps.
means the record owner of a parcel according to the county's
latest equalized property tax assessment roll, and includes any part
owner, joint owner, tenant in common, or joint tenant, of the whole
or a part of parcel.
includes a natural person or legal entity, and the owners,
majority stockholders, corporate officers, trustee, general partners
of a legal entity.
means any individual who is the owner or occupant of real
property, owner of authorized agent of any business, company, or entity,
or the parent of the legal guardian of any person under the age of
eighteen years, who causes or maintains a violation of the Westminster
Municipal Code or applicable state codes. For the purposes of this
chapter, there may be more than one responsible person for any one
code violation.
(Ord. 2451 § 1, 2009; Ord. 2495 § 1, 2012)
A.
Any
person violating any provision of the Westminster Municipal Code,
or applicable state code, may be issued an administrative citation
by an enforcement officer as provided in this chapter.
B.
Every
person who applies for and receives any type of land use approval
shall comply with all conditions imposed upon the issuance of said
land use approval. Violation of any condition of such land use approval
may be subject to an administrative fine or penalty as provided under
the provision of this chapter.
C.
Each
day a violation of this code exists shall be a separate violation
and be subject to a separate fine. An administrative citation may
charge a violation for one or more days on which a violation exists,
and for violation of one or more code sections.
D.
An administrative
citation shall be on a form approved by the city manager and shall
contain the following information:
1.
Name
of the responsible person;
2.
Date,
time and address or definite identification of the location where
the violation(s) was observed;
3.
The
code section(s) violated and a description of the violation(s);
4.
The
amount of the fine for the violation(s);
5.
The
amount of any processing fees, if applicable;
6.
A
description of the fine payment process, including a specified time
within which and the place to which the fine shall be paid;
7.
Notification
of the right to appeal, including the time within which the administrative
citation may be appealed in writing, and the place to submit a written
request for appeal;
8.
The
name and signature of the enforcement officer; and
9.
Date
the citation was issued.
(Ord. 2451 § 1, 2009)
An administrative citation may be issued to a citee by an enforcement
officer for violation(s) of the Municipal Code or applicable state
codes in the following manner:
A.
Personal
Service. The enforcement officer shall attempt to locate and personally
serve the responsible person and obtain the signature of the responsible
person on the administrative citation. If a responsible person refuses
to sign the administrative citation, the failure or refusal to sign
shall not affect the validity of the administrative citation or of
subsequent proceedings.
B.
Mail.
If the enforcement officer is unable to serve the responsible person
by personal service, the administrative citation shall be mailed to
the responsible person by certified mail, return receipt requested
and by regular, first class mail. Service by mail shall be deemed
effective as of the date of deposit in the U.S. mail.
C.
Posting
Notice. If the enforcement officer does not succeed in personally
serving the responsible person, by certified mail or regular mail,
the enforcement officer shall post the administrative citation on
any real property within the city, in which the enforcement officer
has knowledge that the responsible person has legal interest, and
such posting shall be deemed effective service on the date of posting.
(Ord. 2451 § 1, 2009)
The amount of fines imposed for code violations imposed pursuant
to this chapter shall be established by separate resolution of the
mayor and city council.
(Ord. 2451 § 1, 2009)
A.
The
fine shall be paid in full within thirty days from the date of service
of the administrative citation, as indicated on the citation.
B.
A late
payment fine of fifty percent of the citation amount shall accrue
if the fine is not paid within thirty days from the date of service
of the citation.
C.
Hardship
Fine Mitigation. Any citee who is financially unable to pay the administrative
fine may file a request for a hardship fee mitigation with the city
manager within fifteen days from the date of service of the citation.
The request shall be in writing (whether or not on a form provided
by the city) and shall describe why the fine cannot be paid, and shall
include supporting documents. The request shall be made under penalty
of perjury. Once filed, the requirement for payment of an administrative
fine shall be stayed while the city manager determines whether or
not to grant the request. The city manager's determination shall be
in writing and served on the responsible party. If the city manager
does not waive the fine or establish a payment system, the administrative
fine shall be paid within fifteen days of the date of service of the
city manager's decision.
E.
Payment
of a fine shall not excuse the citee from correcting the code violation.
The issuance of a citation and/or payment of a fine does not bar the
city from taking other enforcement action regarding a code violation
that is not corrected, including but not limited to, issuing additional
administrative citations.
(Ord. 2451 § 1, 2009)
A.
Any
citee may contest the citation by submitting a written request to
the city for an appeal hearing, clearly stating the reasons for the
appeal, within fifteen days from the date of service of the administrative
citation, together with an advanced deposit of the fine.
B.
In lieu of depositing the fine, the citee may timely submit an approved hardship waiver outlining the extenuating circumstance(s) that warrants waiver of this requirement. If citee has submitted a hardship waiver, then city approval of the hardship waiver shall be required prior to any appeal hearing made pursuant to this chapter. If the city, at its sole discretion, rejects the hardship waiver, then the citee shall comply with subsection A prior to the scheduling of any hearing.
C.
A hearing
before the hearing officer shall be set for a date that is not less
than fifteen, nor more than sixty days from the date the request for
hearing is filed. The person requesting the hearing shall be notified
of the time and place set for the hearing at least ten days prior
to the date of the hearing.
(Ord. 2451 § 1, 2009; Ord. 2495 § 2, 2012)
A.
No hearing
to contest an administrative citation before a hearing officer shall
be held unless and until a written request for hearing form has been
timely submitted and the fine has been deposited. The requirement
for a deposit of the fine prior to the holding of a hearing under
this chapter may be waived by the city, at its sole discretion, if
appellant timely submits an approved hardship waiver outlining the
extenuating circumstance(s) warranting waiver of the advanced deposit
of the fine.
B.
The
hearing officer shall only consider evidence that is relevant to whether
the violation(s) occurred and whether the appellant is the responsible
person who caused and/or maintained the violation(s) of the Municipal
Code or other applicable state code on the date(s) specified in the
administrative citation.
C.
The
appellant shall be given the opportunity to testify and present witnesses
and any relevant evidence concerning the charges set forth in the
administrative citation.
D.
The
formal rules of evidence shall not apply. All relevant evidence may
be considered, and the hearing officer has the discretion to exclude
evidence if he or she finds such evidence to be irrelevant or needlessly
repetitive. The hearing officer has the authority to cut off presentation
of evidence if he or she reasonably believes that the evidence being
presented is irrelevant or needlessly repetitive.
1.
The
failure of the appellant to appear at the administrative hearing shall
constitute a forfeiture of the fine and shall be considered a concession
that the citation was properly issued.
2.
Notwithstanding
the above, upon a showing of good cause by the appellant, the hearing
officer may excuse the appellant's failure to appear at the hearing
and reschedule the hearing. Under no circumstances shall the hearing
be rescheduled more than one time.
E.
The
administrative citation and any additional documents submitted by
the enforcement officer shall constitute prima facie evidence of the
respective facts contained in those documents.
F.
Neither
the enforcement officer nor any other representative of the city shall
be required to attend the hearing, nor shall the hearing officer require
that there be submitted any evidence, other than the citation, that
may exist among the public records of the city on the violation. However,
any such appearance and/or submission may be made at the discretion
of the enforcement officer or any city employee or agent.
G.
If the
enforcement officer submits an additional written report concerning
the administrative citation to the hearing officer for consideration
at the hearing, than a copy of this report also shall be served by
mail on the appellant at least five days prior to the date of the
hearing.
H.
At least
ten days prior to the hearing, the appellant shall be provided with
copies of the citations, reports, and other documents submitted or
relied upon by the enforcement officer. No other discovery disclosure
is required, although formal rules of evidence shall not apply.
I.
The
hearing officer may continue the hearing and request additional information
from the enforcement officer or the appellant prior to issuing a written
decision.
(Ord. 2451 § 1, 2009; Ord. 2495 § 3, 2012)
A.
After
considering all of the testimony and evidence submitted at the hearing,
the hearing officer shall issue a written decision to uphold, modify
or revoke the fine amount of the administrative citation and shall
list in the decision the reasons for that decision. The decision of
the hearing officer shall be final.
B.
If the
decision is to uphold the citation, the city shall retain the fine
deposited, if applicable. Where a hardship waiver has been submitted
to and approved by the city and the decision is to uphold the citation,
then appellant shall pay the fine pursuant to this chapter. If the
decision is to revoke the citation, then the city shall refund the
fine deposit to the appellant within thirty days of the service of
the decision.
C.
The
hearing officer's decision shall include that an aggrieved party may
file a petition for review with the California Superior Court, county
of Orange, pursuant to California Government Code Section 53069.4.
D.
The
hearing officer's written decision shall be served on the appellant
within twenty days from the date of the hearing by mailing to the
appellant by certified mail, return receipt requested, via the U.S.
mail. Service of the hearing officer's decision shall be deemed to
have been completed on the date of mailing.
E.
The
hearing officer shall not be a city employee. The employment, performance
evaluation, compensation and benefits of the hearing officer, if any,
shall not be directly or indirectly conditioned upon the amount of
the fine or number of administrative citations upheld by the hearing
officer.
(Ord. 2451 § 1, 2009; Ord. 2495 § 4, 2012)
If the hearing officer's decision is in favor of the city, the
appellant may seek judicial review of the hearing officer's decision
by doing one of the following:
A.
Any
party aggrieved by a decision of the hearing officer on an administrative
citation may obtain review of the hearing officer's decision by filing
a petition for review with the California Superior Court, county of
Orange, in accordance with the timelines and provisions set forth
in California Government Code Section 53069.4; or
B.
File
a petition for writ of mandate pursuant to California Code of Civil
Procedure Sections 1094.5 and 1094.6.
(Ord. 2451 § 1, 2009)
A.
The
city, at its discretion, may pursue any and all legal and equitable
remedies for the collection of unpaid fines and penalties. Pursuit
of one remedy does not preclude the pursuit of any other remedies
until the total fines and penalties owed by a person under this chapter
have been collected.
B.
Any
citee who has unpaid and/or delinquent fines may be refused the issuance
of a land use approval or other city approval pertaining to the property,
real or personal, that is the subject of the citation issued pursuant
to this chapter.
(Ord. 2451 § 1, 2009)
Except as specifically provided herein, all notices to be given pursuant to this chapter shall be served on the citee in accordance with the provision set forth in Section 1.14.030 of the Westminster Municipal Code. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted herein.
(Ord. 2451 § 1, 2009)
