Every violation of a provision of this Code, the penalty for
which is defined as an "infraction" or "misdemeanor," shall be subject
to an administrative fine and/or penalty. The provisions of this chapter
relating to administrative fines and penalties are in addition to
all other legal remedies, criminal or civil, which may be pursued
by the City to address any violation of codes, ordinances, mandates,
regulations, resolutions, rules or other laws adopted by the City,
or other applicable State Codes. Use of this chapter shall be at the
sole discretion of the City and nothing in this chapter shall prevent
the City from initiating a civil, criminal or other legal or equitable
proceedings as an alternative to the proceedings set forth in the
administrative fine and/or penalty provisions of this chapter.
(15-08)
The following definitions shall apply for purposes of this chapter:
"Administrative citation"
shall mean the ticket issued to a responsible person, by
any enforcement officer other than a peace officer or park ranger,
who has violated a provision of the City Codes.
"City"
shall mean the City of Claremont.
"City Codes"
shall mean any codified or non-codified ordinance or law,
including, but not limited to, codes, ordinances, mandates, regulations,
resolutions, and laws, adopted by the City.
"Enforcement officer"
shall mean any individual who has completed a course of study
of the laws of arrest as outlined in
Penal Code Section 832 and who
is employed or otherwise charged by the City to enforce City Codes.
"Hearing officer"
shall mean the person designated by the City Manager or designee
to determine the validity of an administrative citation after the
person to whom the citation was issued requests a hearing.
"Park ranger"
shall mean any individual, other than a peace officer, who
is employed or otherwise charged by the City to enforce City Codes
and who has completed a course of study of the laws of arrest as outlined
in
Penal Code Section 832.
"Peace officer"
shall mean a sworn officer of the City of Claremont Police
Department.
"Person"
shall mean any individual who has violated any of the City
Codes or any individual or corporation, partnership, association or
other group or combination of individuals acting as an entity that
has an ownership or leasehold interest in real property, or has a
contractual obligation to lease or maintain real property, where a
violation of the City Codes has occurred or continues to occur.
(15-08)
It is unlawful for any person to violate any provision of the
City Codes. Whenever an enforcement officer, peace officer, or park
ranger finds that a provision of the City Codes has been violated,
the enforcement officer, peace officer, or park ranger may issue a
citation contemplated and allowed by this chapter to such person responsible
for the violation.
(15-08)
It is unlawful for any person to violate any provision of Chapter
12.26 of this Code. In addition to those authorized to enforce all provisions of this Code, if the City's designated arborist finds that a provision of Chapter
12.26 has been violated, the City's arborist may issue a citation contemplated and allowed by this chapter to such person responsible for the violation.
(15-11)
The amount of fines and penalties for violations of City Codes
imposed pursuant to this chapter shall be established by resolution
of the City Council.
(14-07)
The City Manager shall designate the hearing officer for the
administrative citation hearings.
(14-07)
The administrative and police citation processes described in
this chapter do not preclude the City from recovering any City Code
violation or nuisance abatement costs, including attorneys' fees as
provided by this Code, incurred by the City in performing its code
enforcement and nuisance abatement efforts pursuant to this Code.
(14-07)
Any person aggrieved by the administrative decision of a hearing
officer may obtain review of the administrative decision by filing
a petition for review with the Superior Court in Los Angeles County
in accordance with the provisions set forth in California Government
Code Section 53069.4.
(14-07)
Any and all notices or decisions required to be given by the
administrative provisions of this chapter for administrative citations,
as the term is defined in this chapter, shall be served on the person
cited by first class mail. The notices or decisions shall be addressed
to the recipient at the last known address for that person, including
the address provided on forms or writings required by the administrative
provisions of this chapter. Personal service may be substituted for
mailed notice any time. Actual notice shall be deemed adequate notice
regardless of the method of service. Failure to receive any notice
shall not affect the validity of any proceedings conducted hereunder.
(14-07; 21-06)