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.
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.
means any of the following:
A person who causes a code violation to occur;
A person who maintains or allows a code violation to continue,
by his or her action or failure to act;
The parent or the legal guardian of any person under the age
of eighteen years, who causes or maintains a code violation;
A person whose agent, employee, or independent contractor causes
a code violation by its action or failure to act;
A person who is the owner or occupant of real property where
a property-related code violation occurs;
The owner or authorized agent of any business, company, or entity;
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.
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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.
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(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:
(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)
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.
(Ord. 2128 § 2, 2016)
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)
