The city council finds that there is a need for an alternative method of enforcement for violations of the municipal code and applicable state codes. This chapter is adopted pursuant to the city's police powers and Government Code Section 53069.4 for the purpose of making any violation of the Monterey Park Municipal Code subject to an administrative fine and to set forth the procedures for the imposition and collection of such fines.
(Ord. 2128 § 2, 2016)
This chapter authorizes use of administrative citations that are in addition to all other legal remedies, criminal or civil, that the city may pursue to address any violation of this code or applicable state codes. Each and every day a violation of this code or applicable state code exists constitutes a separate and distinct offense. Use of this chapter is at the sole discretion of the city officer or employee enforcing this code. Issuing an administrative citation is not a waiver of any other civil or criminal remedy authorized by law.
(Ord. 2128 § 2, 2016)
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meaning set forth in applicable law including, without limitation, this code.
"Enforcement officer"
means any Monterey Park police officer and any city employee or agent of the city designated by the city manager or by the director of any city department who has the authority and responsibility to enforce the provisions of this code or applicable state codes.
"Responsible person"
means any of the following:
(1) 
A person who causes a code violation to occur;
(2) 
A person who maintains or allows a code violation to continue, by his or her action or failure to act;
(3) 
The parent or the legal guardian of any person under the age of eighteen years, who causes or maintains a code violation;
(4) 
A person whose agent, employee, or independent contractor causes a code violation by its action or failure to act;
(5) 
A person who is the owner or occupant of real property where a property-related code violation occurs;
(6) 
The owner or authorized agent of any business, company, or entity;
(7) 
A person who is the on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities on such premises.
For the purposes of this definition, "person" means and includes a natural person or legal entity and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.
(Ord. 2128 § 2, 2016)
(a) 
Except as otherwise provided in this chapter, any person violating any provision of this code or applicable state code may be issued an administrative citation by an enforcement officer. A violation of this code includes, without limitation, all violations of this code and the failure to comply with any condition imposed by any entitlement, permit, agreement, or environmental document issued or approved under the provisions of this code.
(b) 
Contents of Administrative Citation. Each administrative citation must contain the following information:
(1) 
Date, approximate time, and address or definite description of the location where the violation was observed;
(2) 
The code sections or conditions violated and a description of the violation;
(3) 
The amount of the administrative fine for the violation;
(4) 
A description of the fine payment process, including a description of the time within which, and the place where, the fine must be paid;
(5) 
A description of the appeal process, including the time within which the citation may be appealed and the manner in which an appeal may be taken; and
(6) 
The name of the enforcement officer and a signature line for the responsible person to acknowledge receipt.
(Ord. 2128 § 2, 2016)
Unless otherwise provided, all notices and citations issued pursuant to this chapter must be served on the responsible person via personal service or first-class mail, postage prepaid, to the responsible person's last known address. Service is effective when personally served or when deposited into the United States mail. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign does not affect the validity of the administrative citation or of subsequent proceedings. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.
(Ord. 2128 § 2, 2016)
Fines for administrative citations issued pursuant to this chapter may be established by city council resolution. If a violation is otherwise classified as an infraction under this code, then the administrative fine cannot exceed one hundred dollars for a first offense; two hundred dollars for a second offense of the same law within a twelve-month period; and five hundred dollars for a third or more offense of the same law within a twelve-month period. A violation of building and safety codes that would otherwise be an infraction is punishable by: a fine not exceeding one hundred thirty dollars for the first violation; a fine not exceeding seven hundred dollars for a second violation of the same regulation within one year from the date of the first violation; and a fine not exceeding one thousand three hundred dollars for each additional violation of the same regulations within one year from the date of the first violation; or a fine not exceeding two thousand five hundred dollars for each additional violation of the same regulation within two years from the date of the first violation if the property is a commercial building and the violation is due to failure by the owner to remove visible refuse or prohibit unauthorized use of the property.
(Ord. 2128 § 2, 2016; Ord. 2162 § 2, 2019; Ord. 2163 § 2, 2019)
(a) 
A penalty of ten percent is added on any delinquent fines on the last day of each month after the due date. The penalty cannot exceed fifty percent of the fine.
(b) 
In addition to the penalties provided by this section, delinquent fines accrue interest at the rate of one percent per month, exclusive of penalties, from the due date.
(Ord. 2128 § 2, 2016)
(a) 
Upon receipt of a citation, the responsible person must do one of the following:
(1) 
Pay the Fine. Pay the fine to the city within thirty days from the date of the citation. All fines assessed are payable to the city of Monterey Park. Payment of a fine does not excuse or discharge a failure to correct continuing violations nor does it prevent additional, or alternative, enforcement action by the city. Payment of the fine, in the absence of a timely request for a hearing pursuant to this chapter, waives the responsible person's right to the administrative hearing and appeal process;
(2) 
File an Appeal. File an appeal pursuant to this chapter including, without limitation, the time limits.
(b) 
Should the responsible person fail or refuse to select and satisfy any of the alternatives set forth above, the penalty is immediately due and owing to the city and may be collected in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquent penalty does not preclude the city from taking additional, or alternative, enforcement action against the responsible person should the violation persist.
(Ord. 2128 § 2, 2016)
Should an enforcement officer issue a citation because the responsible person lacks a required permit and the fine is delinquent, the city will not issue a permit until the delinquent fine, and any applicable penalties and interest, is paid.
(Ord. 2128 § 2, 2016)
(a) 
Before issuing an administrative citation for a violation of a building, plumbing, electrical, mechanical or zoning regulation that does not present an immediate danger to health or safety, the enforcement officer must first issue a written notice of violation/compliance order to the responsible person. The notice of violation/compliance order must contain all of the following:
(1) 
The date on which, and geographic location where, the violation was observed;
(2) 
The code section violated;
(3) 
A description of the conditions causing the code violation;
(4) 
A description of the action required to correct the violation;
(5) 
A reasonable time period for the correction of the violation;
(6) 
Notice that if the violation is not corrected by the date specified in the notice of violation/compliance order, that an administrative citation may be issued and administrative fines imposed for failure to correct violations by the date specified.
(b) 
Notwithstanding the foregoing, if the responsible person is violating building, plumbing, electrical, or other similar structural or zoning regulations as a result of, or to facilitate, the prohibited cultivation of cannabis, the enforcement officer may immediately issue a citation unless all of the following are true:
(1) 
A tenant is in possession of the property;
(2) 
The property owner provides evidence that the rental or lease agreement prohibits cultivation of cannabis; and
(3) 
The property owner could not have known of the illegal cannabis cultivation.
(c) 
This section does not apply for a second or subsequent violation of the same regulation within one year of the first violation.
(Ord. 2128 § 2, 2016; Ord. 2158 § 2, 2019)
No further action is required if the enforcement officer determines that all violations in the notice of violation/compliance order were cured. If the enforcement officer determines that all violations were not corrected within the time specified, an administrative citation may be issued to each person named in the notice of violation/compliance order as a responsible person.
(Ord. 2128 § 2, 2016)
Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the city within fifteen days from the date the administrative citation is issued, together with an advance deposit of the fine. Any fine that has been deposited will be refunded if it is determined, after a hearing, that the person cited was not responsible for the violation or that there was no violation as charged in the administrative citation.
(Ord. 2128 § 2, 2016)
(a) 
The city manager must designate the hearing officer for the administrative citation hearing. The hearing officer cannot be a city employee. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, cannot be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.
(b) 
The board of appeals, is the hearing officer for the appeal of any administrative citation issued asserting a violation of the Uniform Codes adopted in Title 16.
(Ord. 2128 § 2, 2016; Ord. 2273, 2/4/2026)
After receiving a timely hearing request and deposit of the fine amount, an administrative hearing will be set on a date that is not less than fifteen and not more than sixty days from the date that the request for hearing is filed. Written notice of the date, time and location of the administrative hearing must be provided to the person requesting the hearing at least ten days before the date of the hearing. The appellant may waive the time limitations set forth in this section in writing.
(Ord. 2128 § 2, 2016)
(a) 
Evidentiary Rules. The administrative citation is prima facie evidence of the respective facts contained in the citation. Both the citee and enforcement officer have the opportunity to testify and present additional evidence concerning the administrative citation. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. Formal rules of evidence do not apply. Any evidence proffered, however, must be relevant and material to the issues of whether the violation alleged in the citation occurred or whether the person cited was responsible for the violation.
(b) 
Waiver of Personal Appearance at Hearing. In lieu of personally appearing at an administrative hearing, the citee may request that the hearing officer decide the matter based on the citation itself and any other documentary evidence submitted by the citee or enforcement officer before the hearing date.
(c) 
Failure to Appear at Hearing. Failure of a citee to appear at the hearing is deemed a waiver of the right to be personally present at the hearing. The hearing officer must then decide the matter based upon the citation itself, any documentary evidence previously submitted, and any additional evidence that may be presented at the hearing by the enforcement officer.
(d) 
Attendance of Enforcement Officer. The enforcement officer who issued the administrative citation may, but is not required to, attend the administrative hearing. If the enforcement officer does not attend, the enforcement officer may, before the hearing date, submit reports, photos or other documentation regarding the violation to the hearing officer for consideration at the hearing.
(e) 
Continuation of Hearings. The hearing officer may continue any hearing and request additional information from the enforcement officer or citee before issuing a written decision.
(Ord. 2128 § 2, 2016)
(a) 
After considering all of the testimony and evidence submitted at the hearing, the hearing officer must issue a written decision within ten days of the hearing to uphold or vacate the administrative citation and set forth the reasons for that decision. The decision must also notify the citee of the right to appeal the decision in Superior Court. The decision of the hearing officer is final as of the date of the decision. The appellant may waive the time limitations set forth in this section in writing.
(b) 
If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the city will be retained by the city.
(c) 
If the hearing officer determines that the administrative citation should be vacated, the city must promptly refund the amount of the deposited fine.
(d) 
The recipient of the administrative citation must be served with a copy of the hearing officer's written decision by first class mail.
(Ord. 2128 § 2, 2016)
The city manager, or designee, may dismiss an administrative citation at any time if it is determined to have been issued in error, in which event any deposit made must be refunded.
(Ord. 2128 § 2, 2016)
The failure of any person to pay the civil fines assessed by an administrative citation may result in the matter being referred to the city treasurer to file a claim with the small claims court. Alternatively, the city may pursue any other legal remedy to collect the civil fines. The city may also recover its collection costs according to proof.
(Ord. 2128 § 2, 2016)
Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain judicial review of the administrative decision by filing a petition for review with the Los Angeles Superior Court pursuant to Government Code Section 53069.4 within twenty days from the service of the hearing officer's decision.
(Ord. 2128 § 2, 2016)
(a) 
Responsible persons financially unable to pay the fines for administrative citations issued pursuant to this chapter may request a hardship waiver. The request for a hardship waiver must be filed with the city clerk, or designee, on a form approved by the city manager, or designee. The city manager or designee will review the request and determine whether a waiver is justified. A waiver may only be approved if the request for waiver is accompanied by a sworn affidavit, together with any supporting documents or materials, demonstrating that the responsible person made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible person.
(b) 
The city manager, or designee, will inform the responsible person in writing regarding whether the waiver is approved. This determination must be served upon the responsible person by mail at the address provided in the waiver application. The city manager, or designee's determination is final; there is no right to appeal other than to a court of competent jurisdiction.
(c) 
Should the city manager or designee determine that a waiver is unjustified, the responsible person must deposit the full fine amount with the city clerk not later than ten business days after the date of that decision. Failure to make a deposit within ten business days after will waive the responsible person's right to any appeal and the citation costs will be deemed delinquent.
(Ord. 2162 § 4, 2019; Ord. 2163 § 4, 2019)