The city council has determined that the enforcement of the
Municipal Code and applicable state codes 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 has determined
that there is 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. This chapter
establishes the administrative procedures for the enforcement, collection,
review, and appeal of administrative citations and fine(s) or penalty
pursuant to California Government Code Section 53069.4 and is considered
the city's general police power. The issuance of an administrative
citation under this section 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 section, 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 in this
chapter shall be in addition to criminal, civil or any other legal
remedies established by law that may be pursued to address violations
of this code and applicable state codes.
(Ord. 1189 § 1, 2009)
Every violation of a provision of this code defined as an "infraction" or "misdemeanor" in Chapter 1.12 of this code shall be subject to an administrative civil penalty, and administrative hearing costs, if any, as set by separate resolution of the city council per day for each offense. Said penalties may be charged in addition to or in lieu of any other penalty imposed by this code and shall be cumulative for each subsequent day after notice has been provided as set forth herein.
(Ord. 1189 § 1, 2009)
Whenever any peace officer authorized to enforce the provisions
of this code finds that a provision of this code has been violated,
he or she shall notify the violator in writing of the violation and
inform the violator of the penalty or fine owed to the city for violating
the code. If the violation pertains to building, plumbing, electrical
or other similar structural or zoning matters that do not pose an
immediate danger to health or safety, the written notice shall describe
the violation and establish a reasonable correction period or schedule,
which shall not be less than ten days. If the violator presents proof
of correction of the violation to the city clerk within the correction
period, the penalty shall be avoided.
(Ord. 1189 § 1, 2009)
Property owners, property managers, tenants, lease holders,
guests, parents and or guardians of a juvenile or other person cited
for violation of this code shall be jointly liable for penalties imposed
under this chapter.
(Ord. 1189 § 1, 2009)
All violation notices imposing an administrative penalty shall
contain the relevant Municipal Code sections for which an administrative
penalty is being imposed along with a brief description of the violation,
the amount of the administrative penalty, the location of the violation,
the date the violation was first observed, the name and address of
the property owner of record as determined by the latest Los Angeles
County tax assessor roll data (if the violation pertains to any real
property), and/or the name and address of any other person(s) determined
by the enforcing officer to be responsible for any violation of the
Municipal Code. The notice shall also contain the final date by which
an appeal may be filed, where the appeal may be filed, and the cost
of the administrative hearing should the appeal be ultimately denied.
The notice referred to in this section shall be in substantially
the following format:
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NOTICE OF ADMINISTRATIVE PENALTY FOR VIOLATION OF THE SAN DIMAS
MUNICIPAL CODE
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This notice is to inform you that on __________, 20__________,
at __________ [location] you violated Section __________ of the San
Dimas Municipal Code by __________ [description of violation]. The
Municipal Code provides that the penalty for this violation is $__________.
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You must pay the penalty for this violation within 21 days from
the date of this notice. If you fail to timely pay the penalty, the
City will initiate collection procedures against you in any manner
permitted by law.
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If you contest this penalty, you may request a hearing by providing a written explanation to the city clerk as to why the violation is being contested. The City will thereafter review your explanation and either schedule an administrative hearing under Section 1.06.080 of the San Dimas Municipal Code, or withdraw the penalty.
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Failure of responsible persons to abate the violation as specified
in this notice could result in the commencement of further administrative,
civil, and/or criminal enforcement actions against all responsible
persons. Furthermore, the City may record a Notice of Violation with
the Los Angeles County Recorder's Office against the premises if the
violation is not fully abated or corrected (with all required approvals,
permits and inspections), as determined by the City, in the manner
and time set forth in this notice of administrative penalty and provided
that a timely appeal therefrom has not been made.
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Dated this _____ day of __________, 20_____.
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_____________________________________________(Title)
Authority: San Dimas Municipal Code Chapter 1.06 et seq.
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(Ord. 1189 § 1, 2009; Ord. 1210 § 3, 2012)
Service of notices required under this chapter shall be made
by the following means:
A.
By personal
service on the violator(s) in the same manner as a summons in a civil
action; or,
B.
By certified
United States mail. Service shall be complete at the time of deposit
into the United States mail.
C.
Failure
to receive any notice specified in this chapter does not affect the
validity of proceedings conducted hereunder.
(Ord. 1189 § 1, 2009; Ord. 1210 § 3, 2012)
A.
Any
person to whom an administrative citation was issued may contest the
citation, no later than twenty-one days from the date of service of
the administrative citation, by filing with the city clerk:
1.
A
written notice of appeal requesting a hearing which shall contain
the following information;
2.
The
person requesting the appeal hearing shall be notified by certified
mail, return receipt, or posting, of the time and place of the hearing
at least ten days before the hearing.
3.
The
appeal hearing shall be set for a date not less than fifteen days
or more than sixty days after the notice of appeal has been filed.
(Ord. 1189 § 1, 2009)
The city manager, or designee, shall designate the hearing officer
for the administrative citation appeal 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. 1189 § 1, 2009)
The hearings need not be conducted according to technical rules
of evidence. Hearsay evidence may be used for the purpose of supplementing
or explaining any direct evidence, but shall not be sufficient in
and of itself to support a finding unless it would be admissible over
objection in a civil action in a California court of competent jurisdiction.
Any relevant evidence shall be admitted if it is the type of evidence
upon which reasonable persons are accustomed to rely on in the conduct
of serious affairs, regardless of the existence of any common law
or statutory rule which might make improper the admission of such
evidence over objection in a civil action. Oral evidence shall be
taken only on oath or affirmation. Irrelevant and unduly repetitious
evidence shall be excluded. The hearing officer may at his or her
discretion continue a hearing from time to time should a continuance
be deemed necessary.
(Ord. 1189 § 1, 2009)
Following the hearing on the violation, the hearing officer
shall consider all evidence and determine whether a violation of the
code has occurred and/or continues to occur. If the hearing officer
determines that a violation has occurred and/or is continuing to occur,
he or she shall make a written order affirming the administrative
fine(s) or penalty. Said order shall set forth findings supporting
the order. If the hearing officer upholds the administrative citation,
the order shall specify a payment schedule for which the fine(s) or
penalty are to be paid to the city or its agent. The order shall further
inform the violator of his or her right to appeal the order within
thirty days to the municipal court. All written orders of the hearing
officer shall be made by First Class United States mail and shall
allow a minimum of three working days from the date of mailing for
delivery before the time in which an appeal to the municipal court
may be made begins to run.
(Ord. 1189 § 1, 2009)
Upon the filing of an appeal, the appellant shall be charged
the cost of the hearing officer in an amount which shall be set by
separate resolution of the city council and added to the administrative
penalty should the appeal be denied. Should the appeal be successful,
and the violation determined to be invalid, no cost shall be charged.
(Ord. 1189 § 1, 2009)
Nothing in this chapter shall prevent the city from initiating
a civil or criminal proceeding or any other legal or equitable proceeding
as an alternative to the proceedings set forth in this chapter.
(Ord. 1189 § 1, 2009)
Administrative penalties shall be a debt to the city and subject
to all remedies for debt collection as allowed by law. When a violation
involves privately owned real property and the administrative penalty
is unpaid within the prescribed time as set forth in the hearing officer's
written order, the amount of the penalty shall be recorded as a lien
upon and against the real property involved without further hearing.
Penalties involving real property may also be recorded with the Los
Angeles County auditor controller's office and placed on the regular
tax rolls for collection in the same manner as an ad valorem tax without
further hearing. Administrative penalties that are not associated
with real property and unpaid within the prescribed time may be recorded
with the Los Angeles County recorder's office as an unsecured lien
against the name of the violator and/or with the California Franchise
Tax Board "Inter-Agency Offset Program" pursuant to Section 12419.10
of the California Government Code without further hearing. Unsecured
liens shall be subject to all other means of debt collection as allowed
by law. Unpaid administrative penalties shall be a misdemeanor for
which the violator may be prosecuted.
(Ord. 1189 § 1, 2009)
Any person aggrieved by the decision of the administrative hearing
officer may seek judicial review by filing an appeal with a court
of competent jurisdiction in accordance with the timelines and provisions
set forth in California Government Code Section 53069.4. The aggrieved
person filing the appeal shall be responsible for paying the statutory
filing fee to the court when the appeal is filed. The aggrieved person
filing the appeal shall serve upon the city clerk either in person
or by first class mail a copy of the notice of appeal.
(Ord. 1189 § 1, 2009)
A.
The
city council finds that there is a need to give notice of pending
enforcement actions to persons who may subsequently acquire the property
as a means by which to ensure the violations will be corrected. An
appropriate method to accomplish this is through the issuance and
recordation of notices of violation.
B.
The
procedures established in this chapter shall be in addition to criminal,
civil, or any other remedy established by law which may be pursued
to address violations of this code or applicable state codes.
(Ord. 1210 § 2, 2012)
A.
Once
the city has issued an administrative citation to a responsible person
and the property remains in violation after the deadline established
in the citation, the director of development services or the city
manager's designee may record the notice of violation with the Los
Angeles County recorder's office.
B.
The
recorded notice of violation shall include the name of the property
owner, the assessor's parcel number, the street address, the parcel's
legal description, and a copy of the latest notice of violation.
C.
The
city shall cause copies of the recorded notices of violation to be
served on all persons having an ownership interest in the subject
real property as shown in the last equalized assessment roll of the
Los Angeles County assessor's office. Service thereof shall be by
first class mail. Failure to receive such notices shall not invalidate
any action or proceedings conducted hereunder.
D.
Any
costs associated with recording and removal may be assessed against
the property as provided for herein.
(Ord. 1210 § 2, 2012)
A.
When
the violations list on the administrative citation have been corrected,
the responsible person or property owner may file with the director
of development services a written request for a notice of compliance.
B.
The
city shall reinspect the property to determine whether the violations
have been corrected, whether all necessary permits have been issued
and final inspections have been performed, and whether all administrative
penalties have been paid. If so, then the director of development
services or the city manager's designee shall record a notice of compliance
with the county of Los Angeles recorder's office and provide a copy
to the responsible person and property owner. If not, then the director
of development services or the city manager's designee shall serve
notice to the responsible person and property owner with a written
explanation in accordance with the methods of service listed in this
chapter.
C.
The
director of development services or the city manager's designee decision
denying a request to issue a notice of compliance constitutes the
final decision in the matter and is not appealable.
(Ord. 1210 § 2, 2012)
For properties where a notice of violation has been recorded,
the city may withhold building permits for repair, construction and/or
alteration on the affected property, and may withhold zoning permits
or other development entitlements, until a notice of compliance has
been issued by the city pursuant as provided in this chapter. The
city may not withhold permits which are necessary to abate the violation
or to correct serious health and safety violations as determined by
the director of development services or building official.
(Ord. 1210 § 2, 2012)
