The City Council finds and declares that:
A.
There
is a need for an alternative method of enforcement for violations
of the Orange Municipal Code, state or county codes, and any other
applicable statutes or laws.
B.
This
chapter makes any violation of these provisions within this code and
applicable state or county codes subject to administrative citation
and fine(s).
C.
This
chapter establishes the procedures for the enforcement, collection,
review, and appeal of administrative citations and fine(s) pursuant
to Government Code Section 53069.4 and is considered authorized by
the City's general police powers.
D.
The
issuance of an administrative citation under this chapter is solely
at the City's discretion and is one option the City has in addressing
a violation 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, whether independently or concurrent, civil or criminal
actions 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 or county codes.
E.
The
City adopts this administrative citation and administrative hearing
program in order to achieve the following goals:
1.
To
protect the public health, safety and welfare of its citizens within
the City of Orange;
2.
To
gain compliance with this code and those applicable state or county
codes, as well as other ordinances and regulations in a timely and
efficient manner;
3.
To
encourage voluntary compliance with the provisions of this code and
applicable state or county 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 administrative
citations and fine(s) that are imposed;
5.
To
provide a method to hold a person responsible for their failure or
refuse to comply with the provisions of this code or applicable state
or county codes, or other ordinances or regulations, or terms and
conditions imposed on licenses, permits, or entitlements issued or
approved by the City;
6.
To
minimize the expense and delay where the sole other remedy is to pursue
persons or responsible persons in the civil or criminal justice system.
(Ord. 04-23, 2023)
A.
The
City Manager or designee is authorized to promulgate procedural rules
and regulations governing the administration of this chapter.
B.
The
City Manager shall have the authority to administer and enforce these
provisions of this chapter.
1.
Any
person or responsible person violating any provision of this code
or applicable state code may be issued an administrative citation
by an officer or official of a department as provided in this chapter.
2.
Whenever
an officer or official of a department charged with enforcement authority
of this chapter determines that a person or responsible person is
allowing, causing, committing, continuing, permitting or maintaining
a violation of this code, the officer or official may issue an administrative
citation.
3.
When
the violation pertains to building, plumbing, electrical, mechanical
or other similar structural or zoning regulations that create an immediate
danger to health, safety, or the welfare of the community, a citation
may be issued forthwith.
4.
An
officer or official of a department may issue a citation for a violation
not committed in their presence if it is determined through an investigation
that the person or responsible person cited did commit, aid or abet
the commission of a violation of this code.
C.
The
City Manager may dismiss a citation at any time if determination is
made that it was issued in error, in which event any deposit of fine(s)
and appeal fees shall be refunded. Notice of such action shall be
given to the person or responsible person in writing.
D.
Any
officer or official from a department is hereby authorized to issue
an administrative citation to any person or responsible person found
in violation of the code.
E.
Any
officer or official authorized to issue an administrative citation
shall be subject to the City's Conflict of Interest Code.
(Ord. 04-23, 2023)
The following words and phrases, when used in the context of
this chapter, shall have the following meanings:
means any citation issued pursuant to this chapter by an
officer or official to any person or responsible person for violation
of the code.
means an oral proceeding before a hearing officer regarding
the administrative citation.
means any violation of this code, which may also pertain
to building, housing, plumbing, electrical, mechanical or other similar
structural or zoning regulations, including regulations or laws set
forth in Titles 15, 16 and 17 of this code.
means the manager of building and safety services for the
City of Orange.
means a responsible person to whom a citation is issued.
means the City of Orange.
means the City Manager of the City, or designated representative.
includes: (1) the entire Orange Municipal Code and any other
code or regulation incorporated therein by adoption or reference,
excluding any nonobjective design or aesthetic standard imposed by
discretionary review; (2) any uncodified ordinance adopted by the
Orange City Council; and (3) any and all applicable county and state
laws, codes or regulations.
means the period of time allowed for a person or responsible
person cited to correct a violation shown on an administrative citation
and/or notice of violation.
means the department and its division(s) or a director who
are responsible for administering the code. The department may be
any of the following: Police Department, Community Services Department,
Fire Department, Community Development Department, Public Works Department,
Finance Department and/or any other department or division authorized
by the City Manager to issue administrative citations pursuant to
this chapter.
means a head of a department, or designee, who is authorized
by the City Manager to administer and enforce the code.
includes a private entity, organization or association with
professional experience conducting administrative hearings, or a public
official, or duly constituted reviewing authority or commission that
the City Manager designates or appoints to consider all timely requests
for an administrative hearing upon issuance of a citation.
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 any interest that is represented by a deed of trust,
quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's
lien or other similar instrument, which is recorded with the county
recorder.
means minor child under the age of 18.
means any form or variations of titles of a written notice
provided by any officer or official of a department issued to any
person or responsible person to inform such person of violation(s)
of the code and to advise such person of the date that such violation(s)
must be corrected in order to avoid the issuance of an administrative
citation.
means any City officer, official or employee of a department
who is designated by the City Manager with the authority to administer,
enforce or regulate those sections of the City code or applicable
state or county codes which are specific to their scope of duties,
assignment or outlined in their job description, in accordance with
the provisions of this code.
means and includes any natural person, minor, legal entity,
owner, firm, association, joint venture, major stockholders, joint
stock company, partnership, organization, club, company, corporation,
general partners, business, trust, fiduciaries, trustees, heirs, executors,
administrators or their manager, lessee, agents, servants, officers,
or employee of any of them.
means any person who an officer or official determines is
responsible for causing or maintaining a violation of the code. The
term "responsible person" includes, but is not limited to, a property
owner, tenant, independent contractor, or person in possession of
real property, or an owner or authorized agent or person of any business,
company or entity, or the holder or the agent of the holder of any
land use approval or any other permit, license or entitlement.
means an act or omission of any act, or use or condition
that constitutes an offense of the code, as well as a breach or violation
of any condition of a permit, approval or license issued pursuant
to the code. A "transient" violation is one that is brief or spontaneous
in its commission, or that is not typically confined to a fixed location.
A "non-transient" violation is continuing in nature and generally
present at one location.
(Ord. 04-23, 2023)
Any person or responsible person violating any section of this
code that is subject to this chapter may be issued an administrative
citation by an officer or official of a department as provided in
this chapter.
(Ord. 04-23, 2023)
A.
General Code Violation. Any person or responsible
person allowing, causing, committing, continuing, permitting or maintaining
a code violation, as defined in this chapter, that does not create
an immediate danger to health or safety may first be issued a notice
of violation with a reasonable correction period within which to correct
or otherwise remedy the violation prior to the service of an administrative
citation and prior to imposition of administrative fines. An administrative
citation may be issued by any officer or official of that department
after noncompliance with a notice of violation or to a repeat offender
of the same offense within a 12-month period.
1.
Each and every day a violation of the code
exists constitutes a separate and distinct offense.
2.
Any person or responsible person violating
any provisions of the code is subject to being issued an administrative
citation by any officer or official from that department.
3.
Administrative fine(s) shall be assessed
by means of an administrative citation issued by the officer or official
and shall be payable directly to the City or its agent.
5.
Every person or responsible 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,
excluding violations of any nonobjective design or aesthetic standard
imposed by discretionary review, they may be issued an administrative
citation and be liable for fine(s) under the provisions of this chapter.
6.
The City may take into consideration the
fact that a person or reasonable person has been issued an administrative
citation 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 administrative
citations are evidence that the person has committed a violation of
the code.
7.
Obligation to Correct Violation(s). Nothing
in this chapter shall be interpreted to mean that because a person
or responsible person has paid the fine(s) that they are not required
to correct the violation(s). Failure to correct the violation(s) may
result in additional citations.
B.
Building and Safety Code Violation. Any
person or responsible person allowing, causing, committing, continuing,
permitting or maintaining a code violation pertaining to building,
plumbing, electrical or other similar structural or zoning issues
that do not create an immediate danger to health or safety may first
be issued a notice of violation with a reasonable correction period
within which to correct or otherwise remedy the violation prior to
the service of an administrative citation and prior to imposition
of administrative fines. Notwithstanding the provisions of this chapter,
any person or responsible person may be issued a first administrative
citation if the violation continues after the correction period has
expired.
1.
The person or responsible person issued
a notice of violation for a building violation may request an extension
of the correction period, provided that a request is filed with the
Building Official before the correction period ends. The Building
Official may, in their discretion, grant a reasonable extension of
the time period to correct the violation, if the person or responsible
person has supplied substantial evidence showing that the correction
cannot reasonably be made within the correction period indicated on
the notice of violation. The filing for such an extension does not,
unless granted, extend the correction period or any other time periods
set by this chapter.
2.
If a building violation has not been corrected by the end of the correction period, the officer or official has the authority to issue the person or responsible person a second administrative citation for failing to comply with the notice of violation(s). The person or responsible person to whom the notice of violation was issued shall be liable for and shall pay to the City or its agent the fine(s) described in the administrative citation by the date prescribed for payment pursuant to Section 1.10.090(A). A third administrative citation may be issued and additional fine(s) imposed for every day the violation continues uncorrected from the date of issuance of the second administrative citation. The fourth and subsequent violation of the code shall be prosecuted as a misdemeanor citation or any other remedy available to the City pursuant to Section 1.10.080(B).
3.
Obligation to Correct Violation(s). Nothing
in the code shall be interpreted to mean that because a person or
responsible person has paid the fine(s) that they are not required
to correct the violation(s). Failure to correct the violation(s) may
result in additional citations.
(Ord. 04-23, 2023; Ord. 06-24, 4/9/2024)
A.
An administrative
citation shall contain the following information:
1.
Date,
approximate time, and address or description of the location where
the violation(s) was observed or occurred;
2.
The
person or responsible person's date of birth, any state-issued identification
number or driver license number, height, weight, hair color, eye color,
race, gender and any other description as needed or available;
3.
The
Code section(s) or condition(s) violated and a brief description of
the violation(s);
4.
An
order to the person or responsible person to correct the violation(s)
within the time specified, and an explanation of the consequences
of failure to correct the violation(s);
5.
The
amount of the fine for each violation;
6.
If
necessary, a brief description of the action required to correct the
violation(s);
7.
An
order prohibiting the continuation or repeat occurrence of the code
violation(s) described in the administrative citation;
8.
An
explanation of how the fine(s) shall be paid and the time period by
which and the place to which it shall be paid;
9.
A
statement indicating that "Payment of a fine or fines shall not excuse
a failure to correct a violation of the code or codes cited, nor shall
it bar concurrent or further enforcement actions by the City";
10.
Identification of rights of appeal, including the time within which
the citation may be appealed and the manner in which to request a
hearing to appeal the administrative citation;
11.
The name of the officer or official of that department including
their employee identification number and, if possible, the signature
of the person or responsible person. The refusal or absence of any
person or responsible person to sign a citation shall not affect its
validity or related subsequent action or proceeding, nor shall signing
a citation constitute an admission that the person has committed a
violation of the code.
B.
Any
other information deemed necessary for enforcement or collection purposes.
C.
Any
other information deemed necessary by the City Manager.
(Ord. 04-23, 2023)
An administrative citation or notice may be served by any one
of the following methods:
A.
Personal
Service. An officer or official shall attempt to locate and personally
serve the person or responsible person and obtain the signature of
such person on the administrative citation. If the person or responsible
person served refuses or fails to sign the administrative citation,
the failure or refusal to sign shall not affect the validity of the
administrative citation or the subsequent proceedings.
B.
Service
by Mail. If the officer or official is unable to locate or personally
serve the person or responsible person, the administrative citation
shall be served by first-class mail, postage prepaid, or certified
mail with a declaration under penalty of perjury of service by mail
executed by the person mailing the administrative citation. The administrative
citation shall be addressed to the person or responsible person at
the address shown on the last equalized property tax assessment rolls
for Orange 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 administrative
citation or of the subsequent proceedings.
C.
Service
by Posting. If the officer or official is unsuccessful in either personal
service or service by mail, the administrative citation shall be posted
in a conspicuous place on the real property where the violation occurred.
Such posting shall be deemed to be effective service on the date of
posting and shall not affect the validity of the administrative citation
or of the subsequent proceedings.
D.
Service
by Publication. If the officer or official does not succeed in serving
the person or responsible party personally, by certified mail or regular
mail, and the City is not aware that such person has a legal interest
in any real property within the City, the officer or official shall
cause the administrative citation to be published once a week for
four consecutive weeks in a local newspaper published at least once
a week.
E.
The
failure of any person or reasonable person to receive a citation or
notice shall not invalidate any fine(s), late charge(s), actions or
proceedings that is imposed or brought pursuant to this chapter, if
service was given in a manner stated in this section.
(Ord. 04-23, 2023)
A.
General
Code Violation. Pursuant to Government Code Section 36900(b), fine(s)
associated with the issuance of an administrative citation for violations
of a City ordinance are hereby adopted. A misdemeanor citation may
be issued to any person or responsible person who has committed a
fourth or subsequent violation of the same Code within one year from
the date of the first administrative citation or the City may at its
discretion utilize any additional remedies available in seeking compliance.
B.
Building
and Safety Code Violation. Pursuant to Government Code Section 36900(c),
fine(s) associated with the issuance of an administrative citation
for violations of a Building and Safety Code are hereby adopted. A
misdemeanor citation may be issued to any person or responsible person
who has committed a fourth or subsequent violation of the same Code
within one year from the date of the first administrative citation
or the City may at its discretion utilize any additional remedies
available in seeking compliance.
C.
Sidewalk Vending Permit Violation. Fine(s) and penalty(ies) pursuant to Government Code Section 51039(a)(1), (2) and (3)(A), for an administrative citation for a Sidewalk Vending Permit violation are hereby adopted and regulated under Chapter 5.54 of the code.
D.
The
amounts of the fines imposed and the administrative citation processing
fee pursuant to this chapter shall be as established by resolution
of the City Council. The City Council may, by resolution, also impose
escalating fines in amounts it deems appropriate for repeat offenses
of the same violation.
(Ord. 04-23, 2023)
A.
The
fine(s) and the administrative citation processing fee shall be paid
to the City or its agent within 30 days from the date of service of
the administrative citation unless one or both of the following occurs:
B.
If no appeal is filed and/or no hardship waiver granted as provided herein, and the fine in any administrative citation is not paid within the time prescribed in Section 1.10.090(A), a late payment fee shall be charged in an amount of 30% of assessed fine(s) 10 days after the due date; an additional 50% after 20 days; and an additional 100% after 30 days.
C.
Any administrative citation fine(s), the citation processing fee and administrative citation appeal fee paid pursuant to subsection A above and Section 1.10.100(A)(2) shall be refunded in accordance with Section 1.10.160, if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation, that the citation was issued in error, or that there was no violation as charged in the citation.
D.
Payment
of any fine(s) under this chapter shall not excuse or discharge any
continuation, or repeated occurrence of any violation(s) that is the
subject of the administrative citation, nor shall it bar further enforcement
action by the City.
E.
Hardship
Waiver. A person who has been issued an administrative citation may
apply for a hardship waiver to reduce the amount of the fine(s) and
waive the citation processing fee, which will be granted upon a showing
that payment of the full amount of the fine(s) and citation processing
fee would impose an undue financial burden.
1.
The
person wishing to apply for a hardship waiver must timely complete
a city-approved hardship waiver application and deliver it, together
with any supporting documents listed below within 15 days from the
date of service of the administrative citation(s), to the Code Compliance
Division of the Community Development Department.
2.
The
Code Compliance Division shall not grant the hardship waiver unless
the person seeking the request submits a sworn declaration under penalty
of perjury, together with supporting documents, which show that they
have made a bona fide effort to comply with the code after the violation
and that payment of the full amount of the fine would impose an undue
financial burden on them. Such legible copies of documents suitable
for consideration may include, but are not limited to:
a.
Copy of the person's prior tax year federal or state tax returns
showing adjusted gross income that meets the income limit requirements
based on the Fair Market Rent (FMR) rate as established by the Department
of Housing and Urban Development (HUD) in the annual Santa Ana-Anaheim-Irvine,
CA HUD Metro FMR Area; and/or
b.
Evidence the person is currently receiving at least one of the following:
Supplemental Security Income (SSI), State Supplementary Payments (SSP),
county relief, general relief, general assistance, Cash Assistance
Program for Immigrants (CAPI), California Food Assistance Program,
Medi-Cal, Supplemental Nutrition Assistance Program, In-home Supportive
Services (IHSS) program, California Work Opportunity and Responsibility
to Kids (CalWORKs), California Tribal Temporary Assistance for Needy
Families (TANF) Program, unemployment insurance, or any other public
assistance program administered by the city, county, state or federal
government.
3.
The
Community Development Director or designee may request additional
documents or information regarding the request prior to issuing a
determination.
4.
The
failure of any person to submit a completed, timely, and signed hardship
waiver application, along with sufficient records that support a claim
of financial hardship waiver shall be deemed a failure to exhaust
the responsible person's administrative remedies with regard to any
reductions of the fine(s) and processing fee.
5.
Once
a completed hardship waiver application is received, payment of any
owed fine(s) and processing fee is stayed unless or until a written
determination on the application is issued.
6.
The
Community Development Director or designee will review the hardship
waiver application and render a determination to grant in full, grant
in part, or deny the application for a hardship waiver.
7.
Unless
a timely appeal is filed, any amount of the fine(s) and/or processing
fee as determined by the Director shall be remitted to the City or
its agent within 15 days of receipt of the Director's written decision.
Such a determination shall be final and non-appealable.
F.
The
City or its agent may use all available legal and equitable remedies
to collect any past due fine(s), remaining balance of fine(s), the
citation processing fee, and any other related costs.
G.
No Waiver for Payment of Fine(s) and Appeal Rights. Under no circumstances shall the payment of the fine designated in the administrative citation constitute a waiver of the citee's right to a hearing. Therefore, a citee may pay the fine along with the processing fee within the 30 days from the date of service of the administrative citation and appeal period and also obtain a hearing to protest the imposition of the fine(s), provided that the citee makes a timely request for a hearing pursuant to Section 1.10.100.
(Ord. 04-23, 2023)
A.
Any
person or responsible person to whom an administrative citation was
issued may appeal the citation no later than 30 days from the date
of service of the administrative citation by:
B.
The
amount of the administrative citation appeal fee imposed pursuant
to this chapter shall be as established by resolution of the City
Council.
C.
The person requesting the hearing shall be notified by certified mail, return receipt requested, or posting of the time and place of the hearing at least 10 days before the date of the hearing. Any documentation, other than the administrative citation, which the officer or official has submitted or will submit to the hearing officer shall be served on the person requesting the hearing pursuant to Section 1.10.070, at least five days before the date of the hearing.
(Ord. 04-23, 2023)
Only after a request for hearing has been filed and the appeal
fee paid shall the City or its agent set the place, date and time
for the administrative hearing. The hearing shall be set for a date
not less than 15 days nor more than 60 days after the request for
hearing has been filed. The City shall send notice of the date, time,
and place of the hearing to the person requesting the hearing by certified
mail, return receipt, or posting at least 10 days before the date
of the hearing.
(Ord. 04-23, 2023)
The person or responsible person requesting a hearing may request
one continuance, but in no event may the hearing begin later than
60 days after the original request for hearing form has been filed.
(Ord. 04-23, 2023)
The City Manager shall designate the hearing officer for the
administrative citation hearing. 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 administrative citation
fine(s) upheld by the hearing officer.
(Ord. 04-23, 2023)
A.
No hearing to appeal an administrative
citation before a hearing officer shall be held unless and until a
request for hearing and appeal fee has been completed.
B.
The hearing officer shall only consider
evidence that is relevant to whether the person or responsible person
is allowing, causing, committing, continuing, permitting or maintaining
a violation of the code or other applicable state or county code on
the date(s) specified in the administrative citation.
C.
The person appealing the administrative
citation shall be given the opportunity to testify and present witnesses
and evidence concerning the administrative citation.
D.
Except as set forth in Section 1.10.150 below, the failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a failure of such person's rights to exhaust their administrative remedies and they may be ordered to pay such fine(s) forthwith.
E.
The administrative citation and any additional
documents submitted by the officer or official shall constitute prima
facie evidence of the respective facts contained in those documents.
F.
If the officer or official submits an additional
written report concerning the administrative citation to the hearing
officer for consideration at the hearing, then a copy of this report
shall also be provided to the person requesting the hearing at least
five days prior to the date of the hearing.
G.
At least 10 days prior to the hearing,
the recipient of an administrative citation shall be provided with
copies of the citation(s), report(s) and any other document(s) submitted
or relied upon by the officer or official. No other discovery is permitted.
Formal rules of evidence shall not apply.
H.
The hearing officer may continue the hearing
and request additional information from the officer or official, and/or
the recipient of the administrative citation prior to issuing a written
decision.
(Ord. 04-23, 2023; Ord. 06-24, 4/9/2024)
If the person or responsible person fails to attend the scheduled hearing, the hearing will proceed without the person or responsible person, and they will be deemed to have waived their right to an administrative hearing. Notwithstanding this waiver and the time limits set forth in Section 1.10.110, if service of the administrative citation is made by posting of the citation on real property within the city or state in which the person or responsible person has a legal interest, and the person or responsible person provides verifiable and substantial evidence that removal of the administrative citation from the property by a third party caused the person or responsible person's failure to attend the scheduled hearing then the such person shall be entitled to an administrative hearing.
(Ord. 04-23, 2023)
A.
No later than 10 days after the date on which the administrative hearing concludes, the hearing officer shall issue a written decision to uphold or dismiss the administrative citation. The hearing officer shall set forth the reason(s) for the decision. The decision shall be served upon the person or responsible person by the applicable method set forth in Section 1.10.070.
B.
If the hearing officer upholds the administrative citation, then the hearing officer shall specify in the decision a payment schedule for which any unpaid fine(s) and processing fee are to be paid in full to the City or its agent. If such person fails at any point to pay the fine(s) and processing fee in full as conditioned by the hearing officer, then the City or its agent may pursue collections of any amount due pursuant to Section 1.10.180.
C.
If the
hearing officer dismisses the administrative citation, the citee shall
receive a full refund of any fines or fees paid, including the appeal
fee.
(Ord. 04-23, 2023)
Any person who fails to pay on or before the due date any administrative fine(s) imposed pursuant to the provisions of this chapter, shall be liable for the payment of any applicable late payment fee set forth in Section 1.10.090(B).
(Ord. 04-23, 2023)
A.
The
City or its agent may use all available legal and equitable remedies
to collect any past due fine(s), remaining balance of fine(s), the
citation processing fee, administrative citation appeal fee and any
other related costs.
B.
Unpaid
administrative fines and other charges, fees, or costs imposed in
accordance with this chapter shall constitute a debt that may be collected
in any manner allowed by law, including, but not limited to, the recordation
of a lien (secured or unsecured) with the County Recorder's Office
and/or with the California Franchise Tax Board "Inter-Agency Offset
Program" (pursuant to Section 12419.10 of the Government Code).
C.
The
City shall be entitled to recover its attorney fees and costs arising
from an action to collect an administrative fine and other charges,
fees, or costs imposed in accordance with this chapter if it is the
prevailing party and provided it made the election to seek attorney
fees at the commencement of the action. A citee shall be entitled
to recover their attorney fees if the City made the election to seek
attorney fees at the outset of the action and the citee prevails thereon.
D.
The
administrative citation process described in this chapter does not
preclude the City from recovering any costs incurred by the City in
performing its code compliance efforts pursuant to the code, including,
but not limited to, abatement costs and re-inspection fees.
E.
The
parent or legal guardian of any person who is a minor shall be liable
for any fine(s) imposed upon the minor pursuant to the provisions
of this chapter. Any such fine(s) may be collected from the minor,
parent or guardian.
F.
The
City may withhold, or refuse to issue, extend, or renew any City permit,
license, or other City approval to any person, who has unpaid delinquent
fine(s), interest, fees, liens or assessments due under this chapter
related to the permit, license, or approval.
(Ord. 04-23, 2023)
A.
Any
person aggrieved by an administrative decision of the hearing officer
may seek judicial review of the administrative hearing decision by
filing an appeal with a court of competent jurisdiction in accordance
with the timelines and provisions set forth in Government Code Section
53069.4(b)(1). The aggrieved person filing the appeal shall be responsible
for paying the statutory filing fee to the Superior Court when the
appeal is filed. The person or responsible person shall serve upon
the City Clerk either in person or by first class mail a copy of the
notice of appeal. If the person or responsible person fails to timely
file a notice of appeal with the court, the hearing officer's decision
shall be deemed confirmed.
B.
No appeal
is permitted from an administrative decision regarding:
1.
A
request for preliminary administrative citation review or hardship
waiver;
2.
An
extension of the 30 calendar day correction period for building violations;
3.
A
decision that the responsible person is deemed to have abandoned the
appeal of the administrative citation or fine(s) due to their failure
to appear at the administrative hearing or failure to deposit the
fine.
C.
Any
appeal to the Superior Court shall require the appealing person to
deposit the fine(s) listed on the citation with the City or its agent
prior to appearing at the court hearing.
D.
The
city attorney shall forward to the Superior Court within 15 calendar
days of its request, the pertinent administrative citation documents
for any case appealed to that court. If the Superior Court dismisses
any administrative citation, the City shall refund any fine(s) deposit
made within 30 calendar days of its receipt of the court's decision.
(Ord. 04-23, 2023)
It is unlawful for any person or responsible person to fail
to pay an administrative fine in violation of this chapter. The filing
of a criminal action does not preclude the City from using any other
legal remedies available to gain compliance with the administrative
order or provisions contained in this chapter.
(Ord. 04-23, 2023)
