The City Council has determined that there are deficiencies in the enforcement capabilities of the City with respect to obtaining compliance with the property maintenance, parking, sign, or fence regulations of the Municipal Code by persons and firms in continuous or repeated violation of said Code. Therefore, the City Council has determined that compliance with the provisions of the Municipal Code is necessary to maintain and protect the public health, safety, comfort convenience and general welfare of the citizenry of Inglewood, and certain amendments to the Inglewood Municipal Code as specified herein below are necessary to remedy such enforcement deficiencies.
(Ord. 08-24 11-18-08)
This Article provides for administrative penalties for any violation of this Code, which penalties may be pursued in addition to any other legal remedy, criminal or civil which may be pursued by the City to address any violation of this Code. The City Attorney, or assistant(s), has sole discretion to determine whether a violation will be prosecuted criminally.
(Ord. 08-24 11-18-08)
Any person violating any section of this Code may be issued an Administrative Citation by an Enforcement Official as provided in this Article.
(Ord. 08-24 11-18-08)
For the purpose of this Article, certain words and phrases are defined and certain provisions shall be construed as herein set forth unless it is apparent from the context that a different meaning is intended.
"Administrative citation"
means any administrative action or document alleging one or more violations of this Code.
"Administrative costs"
means the administrative citation fines assessed, all costs incurred by the City of Inglewood from first discovery of the violation(s) through the appeal process and until compliance is achieved, including, but not limited to, staff time in inspecting the property, sending notices, preparing and attending any appeal hearing.
"Administrative fine"
means the fine imposed pursuant to this Article for a particular violation of this Code.
"Administrative Hearing Officer"
means any person appointed or designated by the Administrative Officer, to preside at the administrative hearing.
"City Administrator or designee"
is defined as the City Administrator or other city employee designated by the City Administrator to assume specific property maintenance related duties set forth in this Chapter. Said designee(s) shall hold a Division Head or higher position and may include, but are not limited to, such positions as the Building Official, Planning and Building Director, Director of Community Development and Housing, Director of Public Works; Parks, Recreation and Community Services Director; Code Enforcement Manager/Superintendent, Director of Finance, Revenue Supervisor, and Permits and Licenses Supervisor.
"Code Compliance Administrator"
means any administrative officer or any department director of the City or designee who is charged with the responsibility for enforcement of any provision of this Code.
"Code enforcement notice"
is a courtesy notice designed to identify violation(s) of this Code, while providing a reasonable time to correct the violation(s) without incurring any fine or penalty.
"Enforcement Official"
means any City employee or agent of the City with the authority to enforce any provision of the Municipal Code.
"Hardship waiver"
is a document that provides financial information to the City. This form, if approved, is accepted instead of money when the responsible person requests an administrative citation hearing.
"Request for Hearing Form"
means the form used to request an administrative citation hearing.
"Responsible person"
means any natural person or persons in charge of the premises or location, or the person or persons responsible for the event or incident, and shall include any of the following:
(a) 
The person or persons who own the property where the violations exist;
(b) 
The person or persons in charge of the premises where the violations exist,
(c) 
The person or person using the premises when the violations exist,
(d) 
If any of those persons are minors, the parent or guardian(s) of such minor(s) shall be the responsible party;
(e) 
If the person or persons is a business entity, the manager or on-site supervisor where the violations exist shall be a responsible party.
(Ord. 08-24 11-18-08)
An administrative citation shall contain all of the following information:
(1) 
The date and location of the violation and the approximate time the violation occurred;
(2) 
The Code section violated and a description of how the section was violated;
(3) 
The amount of the fine imposed for the violation, and the time within which and the place at which the fine shall be paid;
(4) 
An order prohibiting another occurrence of the Code violation;
(5) 
A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation;
(6) 
The name and signature of the citing Enforcement Official.
(Ord. 08-24 11-18-08)
Except for the code enforcement notice, whenever a notice is required to be given under this Code for enforcement purposes, the notice shall be served by any of the following methods unless different provisions are otherwise specifically stated to apply:
(1) 
Personal service; or
(2) 
Depositing the notice, or a copy, in the United States mail, postage prepaid, first class, addressed to the residence or place of business of the responsible person. A proof of service of the notice shall be made by declaration of the Enforcement Officer effecting the service; or
(3) 
Posting the notice conspicuously on or in front of the property. Any posted notice shall be photographed on the date of posting and a proof of service of the notice shall be made by declaration of the Enforcement Officer effecting the service;
(4) 
Service by mail in the manner described above shall be effective on the date of mailing;
(5) 
The failure of any person with an interest in the property to receive any notice served in accordance with this Section shall not affect the validity of any proceedings taken under this Article.
(Ord. 08-24 11-18-08)
The City of Inglewood, in addition to any other legal recourse, shall impose an administrative fine for any violation of this Code in the following manner:
(1) 
For violations of Chapter 11 Building Regulations that would otherwise be an infraction:
Number of Offenses in One-Year Period
Fine Amount
Late Charge
Penalty Plus Late Charge
First
$100
$20
$120
Second or subsequent offense
$500
$100
$600
(2) 
For any other violation that would otherwise be an infraction:
Number of Offenses in One-Year Period
Fine Amount
Late Charge
Penalty Plus Late Charge
First
$100
$20
$120
Second
$200
$40
$240
Third or subsequent offense
$500
$100
$600
(3) 
For violations that would otherwise be a misdemeanor:
Number of Offenses
Fine Amount
Late Charge
Penalty Plus Late Charge
First or subsequent offense
$500
$100
$600
(Ord. 08-24 11-18-08; Ord. 10-06 3-30-10; Ord. 17-08 5-30-17)
The administrative fine shall be paid to the City within thirty days from the date of service of an administrative citation. If, following a hearing requested pursuant to Section 11-96.8, the Hearing Officer determines that the administrative citation should be canceled, the administrative fine shall be refunded in accordance with Section 11-96.15.
(Ord. 08-24 11-18-08)
(1) 
Any responsible person to whom an administrative citation is issued may contest the citation no later than thirty days from the date of service of the administrative citation by (a) completing a request for hearing form and returning it to the City; and (b) either depositing the administrative fine with the City or providing notice that a request for hardship waiver has been filed pursuant to Section 11-96.9. A request for hearing form may be obtained from the department specified on the administrative citation. The person requesting the hearing shall be notified by certified mail, return receipt, of the time and place o the hearing at least ten days before the date of the hearing.
(2) 
A separate request for hearing shall be filed for each citation contested as outlined in this Article.
(Ord. 08-24 11-18-08)
(1) 
Any responsible person who requests a hearing to contest an administrative citation and who is financially unable to deposit the administrative fine as required in Section 11-96.8 may request and submit a hardship waiver. The request shall be filed with the Department of Finance on a hardship waiver application form, available from the department, no later than thirty days after service of the administrative citation.
(2) 
The City Administrator, or designee, may grant a hardship waiver only if the person requesting the waiver submits to the City Administrator or designee, a sworn affidavit, together with any supporting documents demonstrating to the satisfaction of the City Administrator or designee, the person's financial inability to deposit with the City the full amount of the fine in advance of the hearing. Such supporting documents may take the form of copies of tax returns, pay stubs, bank statements or other documents or proof of financial condition such as receipt of Supplemental Security Income (SSI), Aid to Families with Dependent Children (AFDC) assistance, food stamp recipient, or other proof.
(3) 
The City Administrator or designee, shall issue a written decision specifying the reasons for granting or denying the waiver. The decision shall be served upon the person requesting the waiver by certified mail return receipt. If the City Administrator or designee, determines that the waiver is not warranted, the responsible person shall remit the full amount of the fine to the City within ten days of receipt of the written decision of the City Administrator or designee.
(4) 
The decision of the City Administrator or designee is final.
(Ord. 08-24 11-18-08)
Only after a request for hearing form is filed, and the responsible person requesting the hearing has either deposited the administrative fine in full or been granted a hardship waiver, shall the City set the date and time for the administrative hearing. The hearing shall be set for a date not less than fifteen days or more than sixty days after the request for hearing form is filed, and the administrative fine is deposited or a hardship waiver is granted. The City shall send notice of the date, time, and place of the hearing to the responsible person by certified mail return receipt at least ten days before the date of the hearing.
(Ord. 08-24 11-18-08)
The responsible person requesting a hearing may request one continuance, but in no event may the hearing begin later than ninety days after the request for hearing form is filed, and the administrative fine is deposited or a hardship waiver is granted.
(Ord. 08-24 11-18-08)
The City Administrator or designee shall select an Administrative Hearing Officer. The Administrative Hearing Officer shall not be a member of the staff of the department through which the administrative citation was issued. Further, the employment, performance evaluation, compensation or benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the Hearing Officer.
(Ord. 08-24 11-18-08)
(1) 
No hearing to contest an administrative citation before a hearing officer shall be held unless the required fine has been deposited in advance in accordance with Section 11-96.8 or 11-96.9, if applicable.
(2) 
Administrative hearings are informal. Formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine any witnesses.
(3) 
The City bears the burden of proof at an administrative hearing to establish a violation of the City Code.
(4) 
Any physical evidence which the Enforcement Official will submit to the Hearing Officer at the administrative hearing shall be first shown to the responsible person if present.
(5) 
The administrative citation and any additional reports or documents submitted by the Enforcement Official shall constitute prima facie evidence of the facts contained in those documents.
(6) 
The Administrative Hearing Officer shall use preponderance of evidence as the standard of evidence in deciding the issues.
(7) 
The Administrative Hearing Officer may continue, in his or her sole discretion, the hearing to request additional information from the Enforcement Official or the responsible person prior to issuing a written decision.
(Ord. 08-24 11-18-08)
If the responsible person fails to attend the scheduled hearing, the hearing will proceed without the responsible person, and he or she will be deemed to have waived his or her right to an administrative hearing and shall constitute a forfeiture o the fine unless the Administrative Hearing Officer rules in favor of the responsible person.
(Ord. 08-24 11-18-08)
No later than thirty days after the date on which the administrative hearing concludes, the Administrative Hearing Officer shall issue a written decision to uphold or dismiss the Administrative Citation. The Administrative Hearing Officer shall set forth the reasons for the decision. The decision shall be served upon the responsible person by the applicable method set forth in Section 11-96.5. If the Administrative Hearing Officer upholds the administrative citation, the City shall retain the fine deposited by the responsible person. If the Administrative Hearing Officer upholds the administrative citation and the fine has not been deposited pursuant to a hardship waiver, the Administrative Hearing Officer shall specify in the decision a date for payment of the fine or establish a payment schedule for the fine. If the Administrative Hearing Officer dismisses the administrative citation, any fine deposited with the City shall be promptly refunded. The Administrative Hearing Officer's written decision is final, and shall notify the responsible person of his or her right to appeal as provided in Section 11-96.18.
(Ord. 08-24 11-18-08)
Payment of the administrative citation fine amount after thirty days from the date of the administrative citation shall be subject to an additional late payment charge. The late payment charge shall bear interest at the rate of ten percent per annum, or the maximum allowed by law if less than ten percent, from the date the payment was due until paid in full.
(Ord. 08-24 11-18-08)
The City may collect any past due administrative fine, late payment charges, or reasonable administrative fee by use of any available legal means. Additionally, the City may take any of the following actions to collect monetary sanctions:
(1) 
Liens. The amount of the unpaid sanction plus interest plus a reasonable administrative fee established by the City Council from time to time to cover the cost of collection, and may be declared a lien, pursuant to Government Code Section 43000 et seq., on any real property owned by the responsible party within the city. However:
(a) 
Notice shall be given to the responsible party prior to the recordation of the lien, and shall be served in the same manner as a summons in a civil action pursuant to Article 3, (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the California Code of Civil Procedure.
(b) 
The lien shall attach when the City Administrator or designee, records a lien listing delinquent unpaid sanctions with the Los Angeles County Recorder's Office. The lien shall specify the amount of the lien, the date of the code violation(s), the date of the final administrative decision, the street address, legal description, and assessor's parcel number of the parcel on which the lien is imposed and the name and address of the recorded owner of the parcel.
(c) 
In the event that the lien is discharged, released or satisfied either through payment or foreclosure, notice of the discharge containing the information specified in subsection (1)(a) of this Section shall be recorded by the City Clerk.
(2) 
Special Assessments. The amount of the unpaid sanctions plus interest plus a reasonable administrative fee established by the City Council from time to time to cover the cost of collection may be declared a special assessment against any real property owned by the responsible person within the City to the extent the responsible person owns more than one parcel within the City. The City Council may impose the special assessment on more than one parcel. However, the amount of the assessment shall not exceed the penalty imposed for the Administrative Citation plus any interest and reasonable administrative fees. The City Administrator or designee may present a resolution or ordinance to the City Council to declare a special assessment, and upon passage and adoption thereof, shall cause a certified copy thereof to be recorded with the Los Angeles County Recorder's Office. The assessment may then be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subjected to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes.
(3) 
Withholding Entitlements. The City may withhold issuance of licenses, permits and other entitlements to a responsible person until payment is received.
(4) 
Other Enforcement Procedures. The City may take such other actions as are allowed for enforcement of a civil judgment.
(Ord. 08-24 11-18-08)
Either the City or the responsible person aggrieved by a decision of the Administrative Hearing Officer on an administrative citation or other ruling, may obtain review of the decision by filing a petition for review with the Los Angeles Superior Court in accordance with the time lines and provisions as set forth in California Government Code Section 53069.4(b). Said procedure shall be available for all judicial reviews being enforced under this Article, notwithstanding that the term or condition being enforced pursuant to this Article may not be a matter covered by Section 53069.4(a). Judicial review of a citation shall not be available unless all administrative remedies have been exhausted as provided in this Article.
(Ord. 08-24 11-18-08)
Failure to pay an administrative fine is a misdemeanor. Filing a criminal misdemeanor action does not preclude the City from using any other legal remedy available to gain compliance with an administrative citation or collect an administrative fine.
(Ord. 08-24 11-18-08)