The city council finds and declares that:
(1)
There
is a need for an alternative method of enforcement for violations
of the Glendora Municipal Code, state codes, and any other applicable
statues or laws.
(2)
This
chapter makes any violation of these provisions within this code and
applicable state codes subject to administrative citation and fine(s).
(3)
This
chapter establishes the administrative procedures for the enforcement,
collection, review, and appeal of administrative citations and fine(s)
pursuant to Government Code Section 53069.4 and is considered the
city's general police powers.
(4)
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 codes.
(5)
The
city adopts this administrative citation and administrative hearing
program in order to achieve the following goals:
(A)
To protect the public health, safety and welfare of its citizens
within the city of Glendora;
(B)
To gain compliance with this code and those applicable state codes,
as well as other ordinances and regulations in a timely and efficient
manner;
(C)
To encourage voluntary compliance with the provisions of this code
and applicable state codes and to eliminate nuisances for the protection
and benefit of the entire community;
(D)
To provide for an administrative hearing process to appeal the administrative
citations and fine(s) that are imposed;
(E)
To provide a method to hold a person responsible when failure or
refuse to comply with the provisions of this code or applicable state
codes, or other ordinances or regulations, or terms and conditions
imposed on licenses, permits, or entitlements issued or approved by
the city of Glendora;
(F)
To minimize the expense and delay where the sole remedy is to pursue
persons or responsible persons in the civil or criminal justice system.
(Ord. 1908 § 1, 2008)
(a)
The
city manager is authorized to promulgate procedural rules and regulations
governing the administration of this chapter.
(b)
The
city manager, or his or her designee, shall have the authority to
administer and enforce these provisions for 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 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 may issue a citation for a violation not committed
in his or her 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, or his or her designee, 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) 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.
(Ord. 1908 § 1, 2008; Ord. 2046 § 2, 2020)
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 Title 19 of this code.
means the city of Glendora.
means any and all codes and ordinances adopted by the city.
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) who are responsible
for administering the code. The department may be any of the following:
police department, community services, planning and redevelopment,
public works department, finance department and/or any other department
authorized to issue administrative citations pursuant to this chapter.
means a department-head of a department, or his or her designee,
who is authorized to administer and enforce the code.
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 eighteen.
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 person, officer, official, agent or employee acting
on behalf of the city with the authority to enforce or regulate the
city code or applicable state codes, in accordance with the provisions
of this code.
means and includes any natural person, minor, firm, association,
joint venture, joint stock company, partnership, organization, club,
company, corporation, business trust, or their manager, lessee, agents,
servants, officers, or employee of any of them.
means any person whom 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 a violation of the code.
(Ord. 1908 § 1, 2008)
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. 1908 § 1, 2008)
(a)
General
Code Violation. Any person or responsible person allowing, causing,
committing, continuing, permitting or maintaining a code violation
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. The issuance of 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 twelve-month period.
(1)
Each and every day a violation of this code or applicable state code
exists constitutes a separate and distinct offense.
(2)
Any person or responsible person violating any provisions of this
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 of Glendora 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, he or she 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.
(b)
Building 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 Section 1.18.050 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 director of building and
safety before the correction period ends. The director may, in his
or her 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 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 of Glendora or its agent the fine(s) described in the administrative citation by the date prescribed for payment pursuant to Section 1.18.090(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 same code shall be prosecuted as a misdemeanor citation or any other remedy available to the city pursuant to Section 1.18.080(a)(1).
(Ord. 1908 § 1, 2008)
(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's license number, height, weight,
hair color, eye color, race, sex 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
city 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 contested and the manner in which to request a
hearing to contest the administrative citation;
(11)
The name of the officer or official including his or her 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 or his or her
designee.
(Ord. 1908 § 1, 2008)
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 Los Angeles 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 the 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, 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. 1908 § 1, 2008)
(a)
General
Code Violation. Pursuant to California Government Code Section 36900(b),
fine(s) associated with the issuance of an administrative citation
for violations of city ordinance are hereby adopted.
(1)
A misdemeanor citation into court 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
Code Violation. Fine(s) pursuant to California Government Code Section
36900(c), for an administrative citation issued for a Building and
Safety Code violation are hereby adopted.
(1)
A misdemeanor citation into court 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.
(Ord. 1908 § 1, 2008)
(a)
The
fine(s) shall be paid to the city of Glendora or its agent within
twenty-one days from the date of service of the administrative citation.
(b)
A late payment fee shall be charged in an amount of thirty percent of assessed fine(s) ten days after the due date; an additional fifty percent after twenty days; and an additional one hundred percent after thirty days, if the fine in any administrative citation is not paid within the time prescribed in subsection (a).
(c)
Any administrative citation fine(s) paid pursuant to subsection (a) shall be refunded in accordance with Section 1.09.160, if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation, issued in error or that there was no violation as charged in the administrative 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)
The
city may use all available legal and equitable remedies to collect
any past due fine(s) and any other related costs.
(Ord. 1908 § 1, 2008)
Any person or responsible 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:
(1)
Attaching
a written document which shall contain the following information and
submitted along with the citation within such prescribed period;
(a)
The citation number;
(b)
The name, address, telephone and any facsimile numbers, of each person
contesting the citation;
(c)
A statement of the reason(s) why a citation is being contested;
(d)
The date and signature of each person contesting the citation.
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The person requesting the 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 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 1.18.070, at least five days before the date of the hearing.
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(Ord. 1908 § 1, 2008)
Only after a request for hearing has been filed 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 fifteen days nor
more than sixty 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 ten days before the date of the hearing.
(Ord. 1908 § 1, 2008)
The person or responsible person requesting a hearing may request
one continuance, but in no event may the hearing begin later than
sixty days after the request for hearing form has been filed.
(Ord. 1908 § 1, 2008)
The city manager, or designee, 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. 1908 § 1, 2008)
(a)
No
hearing to contest an administrative citation before a hearing officer
shall be held unless and until a request for hearing has been completed.
(b)
A
hearing before the hearing officer shall be set for a date that is
not less than fifteen days and not more than sixty days from the date
that the request for hearing is filed in accordance with the provisions
of this chapter. The person requesting the hearing shall be notified
of the date, time and place set for the hearing at least ten days
prior to the date of the hearing.
(c)
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 code on the date(s) specified in the administrative
citation.
(d)
The
person contesting the administrative citation shall be given the opportunity
to testify and present witnesses and evidence concerning the administrative
citation.
(e)
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
may be ordered to pay such fine(s) forthwith.
(f)
The
administrative citation and any additional documents submitted by
the officer or official shall constitute prima fascia evidence of
the respective facts contained in those documents.
(g)
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.
(h)
At
least ten 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.
(i)
The
hearing officer may continue the hearing and request additional information
from the officer or official, and/or or the recipient of the administrative
citation prior to issuing a written decision.
(Ord. 1908 § 1, 2008)
If the person or responsible person fails to attend the scheduled hearing, the hearing will proceed without the person or responsible person, and he or she will be deemed to have waived his or her right to an administrative hearing. Notwithstanding this waiver and the time limits set forth in Section 1.18.110, 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. 1908 § 1, 2008)
No later than ten days after the date on which the administrative hearing concludes, the hearing officer shall issue a written decision to uphold or cancel 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 1.18.070. If the hearing officer upholds the administrative citation and the fine(s) have not been deposited then the hearing officer shall specify in the decision a payment schedule for which the fine(s) are to be paid to the city or its agent. If such person fails at any point to pay the fine(s) as conditioned by the hearing officers, then the city or its agent may pursue collections of any amount due pursuant to Section 1.18.180. The hearing officer's written decision is final, and shall notify the person or responsible person of his or her right to appeal as provided in Section 1.18.190.
(Ord. 1908 § 1, 2008)
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 1.18.090(b).
(Ord. 1908 § 1, 2008)
(a)
The
city or its agent may collect any past due administrative fine(s)
or late payment fees by use of any available legal means.
(1)
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 enforcement efforts pursuant to the city code,
including, but not limited to, abatement costs and re-inspection fees.
(2)
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.
(3)
The city may 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. 1908 § 1, 2008)
(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 California Government
Code Section 53069.4. 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;
(2)
An extension of the thirty calendar day correction period for building
violations;
(3)
A decision that the responsible person is deemed to have abandoned
the contest of the administrative citation or fine(s) due to her or
his failure to appear at the administrative hearing or failure to
deposit the fine.
(4)
Any appeal to the Superior Court shall require the contesting person
to deposit the fine(s) list on the citation with the city or its agent
prior appearing at the court hearing.
(c)
The
city attorney shall forward to the Superior Court within fifteen calendar
days of its request, the pertinent administrative citation documents
for any case appealed to that court. If the Superior Court cancels
any administrative citation, the city shall refund any fine(s) deposit
made within thirty calendar days of its receipt of the court's decision.
(Ord. 1908 § 1, 2008)
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. 1908 § 1, 2008)
