Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 85-21, 88-201, 88-209, 91-309, 92-340, 92-341U,
92-341, 92-353, 94-409, 95-435.
No person shall violate any provisions or fail to comply with
any of the requirements of this code. Violations of this code are
punishable as set forth in this section.
a.
Misdemeanor. Any person violating any of the provisions or failing to comply with any of the requirements of this code shall be guilty of a misdemeanor unless such violation or failure to comply is expressly stated by this code to be an infraction or is subject to a civil administrative penalty pursuant to subsection (d) of this section. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than $1,000 or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall be punishable accordingly.
b.
Infractions. Any person violating any provision or failing
to comply with any mandatory requirement of this code expressly stated
by this code to be an infraction shall be guilty of an infraction.
Except as otherwise provided in this code, any person convicted of
an infraction shall be punishable by:
1.
A
fine of $100 for the first violation;
2.
A
fine of $200 for a second violation of the same provision of this
code within one year;
3.
A
fine of $500 for a third violation of the same provision of this code
within one year;
4.
A
fourth violation, and all subsequent violations thereafter, of the
same underlying prohibited conduct, regardless of when the violation
occurs, shall constitute a misdemeanor.
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Each person shall be guilty of a separate offense for each and
every day during any portion of which any violation of any provision
of this code is committed, continued or permitted by such person and
shall be punishable accordingly.
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An infraction is not punishable by imprisonment. A person charged
with an infraction shall not be entitled to have the public defender
or other counsel appointed at public expense to represent him or her
unless he or she is arrested and not released on his or her written
promise to appear, on his or her own recognizance, or a deposit of
bail.
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c.
Reclassification of Offenses. A violation of any code deemed to be a misdemeanor may be charged as an infraction subject to the procedures in subsection (b) of this section when:
1.
The
prosecutor files a complaint charging the offense as an infraction,
unless the defendant, at the time he or she is arraigned, after being
informed of his or her rights, elects to have the case proceed as
a misdemeanor; or
2.
The
court, with the consent of the defendant, determines that the offense
is an infraction. In that event, the case shall proceed as if the
defendant had been arraigned on an infraction complaint.
d.
Code Violations Subject to Administrative Penalty Procedures Pursuant
to this Chapter. The offenses described in the following chapters and sections of this code are subject to the provisions of Sections 1.08.030 through 1.08.070 of this chapter:
Chapter 3.36, Business License Tax Ordinance;
Title 5, Business License Regulations and Permits, excluding Sections 5.70.070, 5.70.080, 5.92.050(1)(j), 5.92.050(2)(d);
Chapter 7.08, Smoking in Public Places and Outdoor Dining Areas;
Chapter 7.10, Smoking in Multi-Family Dwellings;
Chapter 7.12, Tobacco Advertising Signs;
Section 9.04.050, Merchandise in Public Ways;
Section 9.04.070, Gates Opening Outward over Highways;
Section 9.04.080, Noisy Hawking and Advertising Prohibited;
Chapter 9.13 Business Establishments – Posting and Training Requirements;
Chapter 9.14, Human Trafficking Notice;
Section 9.48.070, Community Cats;
Chapter 9.50, Retail Sale of Dogs and Cats;
Chapter 9.51, Sale of Fur Products;
Chapter 9.52, Display or Performance of Wild or Exotic Animals;
Chapter 9.53, Use and Sale of Glue Traps;
Chapter 9.54, Pygmy Goats and Chickens;
Chapter 9.60, Public Nuisances;
Chapter 9.64, Vacant Properties;
Chapter 9.70, Construction Management;
Chapter 10.04 of this code, excluding Los Angeles County Code Chapter 15.53 as adopted through Section 10.04.030(e) of this code;
Section 10.07.110, Vehicle Exceeds Load Size Limit;
Chapter 10.16, Transportation Demand Management;
Chapter 10.24, Off-Street Parking Lot Operations;
Section 11.12.050, Smoking Prohibited in City Parks;
Chapter 11.18, Encroachment Permits;
Chapter 11.24, News Racks;
Chapter 11.28, Outdoor Dining on Public Right-of-Way;
Chapter 11.29, Parklets;
Chapter 11.30, Shared On-Demand Personal Mobility Devices;
Chapter 11.44, Mobile Billboards;
Chapter 11.46, Parkway Standards;
Title 15 Environmental Protection, Pollution and Solid Waste, excluding Section 15.36.030, a violation of which is a misdemeanor;
Chapter 15.52, Regulation of Outdoor Water Use Practices;
Section 15.56.060, Storm Water and Urban Runoff Pollution Control;
Chapter 15.72, Plastic Carryout Shopping Bags;
Section 17.24.010(d)(4), Exempt Unit Disclosure;
Section 17.28.050, Registration of New Construction and Other Separately Alienable Residential Rental Units;
Section 17.28.010, Registration;
Section 17.28.060, Posting;
Chapter 17.30, Tenant Protection During Construction;
Section 17.32.090(d), Side Agreements Disclosure;
Section 17.52.110, Temporary Repossession for Authorized Corrections;
Section 17.52.120, Removal of Parking Prohibited;
Section 17.52.160, Reusable Tenant Screening Reports;
Section 17.56.010(h), Requirement for Resident Manager, Regular Business Hours, Emergency Telephone Numbers, and Posting of Hours of Business, Emergency Telephone Numbers, and Rental Payments;
e.
Administrative Penalty. An administrative penalty shall
be assessed by means of an administrative citation issued by an enforcement
officer, and shall be payable directly to the City Treasurer. Penalties
shall be set forth in a penalty schedule established by resolution
of the City Council. A portion of each penalty shall constitute reimbursement
for the city's administrative expenses in issuing and processing the
citation. Penalties shall be collected in accordance with the procedures
specified in this chapter. Payment of a penalty shall not excuse the
failure to correct the violation nor shall it bar further enforcement
action by the city. In the case of violations of the building, plumbing
or electrical codes, an administrative citation shall not be issued
until after the responsible party has been provided notice and a reasonable
opportunity to correct the violation, and has failed to do so.
f.
Administrative Citations Which May Be Treated as Misdemeanors. Unless this code expressly provides otherwise, any person who violates
any provision in this code more than once within a twelve-month period
shall be guilty of a misdemeanor for each violation committed thereafter
within that same twelve-month period. Any person who violates or fails
to comply with any provisions in this code and who possesses no photo
identification or refuses to identify him or herself to an enforcement
officer, making it impossible to issue an administrative citation,
shall be guilty of a misdemeanor.
g.
Public Nuisance. In addition to the penalties hereinabove provided in subsections (a), (b) and (e) of this section, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be summarily abated as such, and every day such condition continues shall be regarded as a new and separate offense.
h.
Enforcement Officer.
Legal Interest.
Person/Responsible Person/Party.
Definitions. The following words and phrases when used in
this chapter shall have the following meanings ascribed to them:
An "enforcement officer" means a Los Angeles County Sheriff
Department Deputy, a City Code Enforcement Officer, a City Parking
Enforcement Officer, an Animal Control Officer or other personnel
as designated by the City Manager.
A "legal interest" 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.
"Person(s)," "responsible person(s)" or "responsible party"
means any individual or entity who an enforcement officer determines
is responsible for causing or maintaining a violation of this code,
or applicable state codes or causing or maintaining a public nuisance.
The terms "person(s)," "responsible person(s)" or "responsible party"
include, but are not limited to, a property owner, tenant, occupant,
person with a legal interest in real property or person in possession
of real property, the president or other head of a corporation or
a person authorized by a corporation to receive service of process
in a civil action, a business owner or manager of a business.
(Prior code § 1200; Ord. 96-479 § 1, 1996; Ord. 97-489 §§ 1, 2, 1997; Ord. 97-507 §§ 1, 2, 1997; Ord. 98-525 § 1, 1998; Ord. 99-549 § 3, 1999; Ord. 00-574 § 4, 2000; Ord. 00-584 § 1, 2000; Ord. 00-587U § 1, 2000; Ord. 01-598 § 1, 2001; Ord. 03-648 § 1, 2003; Ord. 03-669 § 3, 2003; Ord. 04-675 § 2, 2004; Ord. 04-688 § 2, 2004; Ord. 04-689U § 2, 2004; Ord. 05-711 §§ 3, 4, 2005; Ord. 05-715 § 1, 2005; Ord. 07-758 § 1, 2007; Ord. 07-768 §§ 4, 5, 2007; Ord. 07-769U §§ 4, 5, 2007; Ord. 07-777 § 2, 2007; Ord. 09-80 § 1, 2009; Ord. 09-823 §§ 3, 4, 2009; Ord. 10-836 § 2, 2010; Ord. 10-850 § 1, 2010; Ord. 10-851U § 1, 2010; Ord. 11-863 § 1, 2011; Ord. 11-864 § 2, 2011; Ord. 11-887 § 2, 2011; Ord. 12-898 § 1, 2012; Ord. 16-988 § 1, 2016; Ord. 17-1003 § 8, 2017; Ord. 18-1033 § 5, 2018; Ord. 18-1034 § 10, 2018; Ord. 18-1047 § 1, 2018; Ord. 19-1054 § 6, 2019; Ord. 19-1070U § 2, 2019; Ord. 19-1073 § 2, 2019; Ord. 19-1074 § 12, 2019; Ord. 19-1075 § 2, 2019; Ord. 19-1085 § 4, 2019; Ord. 19-1088 § 6, 2019; Ord. 19-1089 § 4, 2019; Ord. 19-1090 §§ 4, 10,
2019; Ord. 20-1119 § 4,
2020; Ord. 21-1134 § 2,
2021; Ord. 21-1149 § 3,
2021; Ord. 21-1155 § 7,
2021; Ord. 21-1169 § 1,
2021; Ord. 21-1171 § 4,
2021; Ord. 21-1175 §§ 4,
5, 2022; Ord. 22-1183 § 1,
2022; Ord. 23-13 § 3,
2023; Ord. 23-21 §§ 1,
2, 2023)
a.
Notice to Appear. In any case in which a person is arrested
for an offense declared by this code to be a misdemeanor and does
not demand to be taken before a magistrate, such person may, instead
of being taken before a magistrate, be released according to the procedures
set forth by this section. If the arresting officer or his or her
superior determines that the person should be released, such officer
or superior shall prepare in duplicate a written notice to appear
in court, containing the name and address of such person, the offense
charged, and the time and place where and when such person shall appear
in court. If a person is not released prior to being booked and the
officer in charge of the booking or his or her superior determines
that the person should be released, such officer or superior shall
prepare such written notice to appear in court.
b.
Time Specified. Unless waived by the person, the time specified
in the notice to appear must be at least ten days after arrest.
c.
Place Specified. The place specified in the notice shall
be the court of the magistrate before whom the person would be taken
if the requirement of taking an arrested person before a magistrate
were complied with, or shall be an officer authorized by such court
to receive a deposit of bail.
d.
Promise to Appear. The officer shall deliver one copy of
the notice to appear to the arrested person, and the arrested person,
in order to secure release, must give his or her written promise so
to appear in court by signing the duplicate notice which shall be
retained by the officer. Thereupon the arresting officer shall forthwith
release the person arrested from custody.
e.
Bail. The officer shall, as soon as practicable, file the
duplicate notice with the magistrate specified therein. Thereupon
the magistrate may file the amount of bail which in his or her judgment,
in accordance with the provisions of Section 1275 of the California
Penal Code, is reasonable and sufficient for the appearance of the
defendant and shall endorse upon the notice a statement signed by
him or her in the form set forth in Section 815b of the California
Penal Code. The defendant may, prior to the date upon which he or
she promised to appear in court, deposit with the magistrate the amount
of bail thus set. Thereafter, at the time the case is called for arraignment
before the magistrate, if the defendant shall not appear, either in
person or by counsel, the magistrate may declare the bail forfeited,
and may in his or her discretion order that no further proceedings
shall be had in such case.
Upon the making of such order that no further proceedings be
had, all sums deposited as bail shall forthwith be paid into the County
Treasury for distribution pursuant to Section 1463 of the California
Penal Code.
f.
Warrants, Failure to Appear. No warrant shall issue on such
charge for the arrest of a person who has given such written promise
to appear in court, unless and until he or she has violated such promise
or has failed to deposit bail, to appear for arraignment, trial or
judgment, or to comply with the terms and provisions of the judgment,
as required by law.
The officer shall indicate on the notice to appear whether he
or she desires the arrested person to be booked as defined in Subdivision
21 of Section 7 of the California Penal Code. In such event, the magistrate
shall, before the proceedings are finally concluded, order the defendant
to be booked by the arresting agency.
g.
Application of this Section. A peace officer may use the
written notice to appear procedure set forth in this section for any
misdemeanor offense for which the officer has arrested a person pursuant
to California Penal Code Section 836 or in which he or she has taken
custody of a person pursuant to California Penal Code Section 847.
h.
Authority of Code Compliance Officers, Transit and Taxi Monitors,
Public Works Inspectors, Animal Control Officers, Special Events Coordinators
and Film Liaisons. Pursuant to California Penal Code Section 836.5, the Code Compliance Officers of the city are hereby authorized to make arrests for violations of the West Hollywood Municipal Code or other city ordinances, and may issue citations for misdemeanors and infractions pursuant to California Penal Code Title 3, Chapter 5C (commencing with Section 853.5) and this chapter of the West Hollywood Municipal Code. The Code Compliance Officers, Transit and Taxi Monitors, Public Works Inspectors, Animal Control Officers, Special Events Coordinators and Film Liaisons may issue administrative citations for violation of those provisions of the West Hollywood Municipal Code which are subject to administrative penalty and which such persons have the duty to enforce.
i.
Authority of Parking Enforcement Officers. The Parking Enforcement
Officers of the city are hereby authorized to enforce the city's parking
regulations applicable to all city streets and alleys and may issue
citations pursuant to California Vehicle Code Section 40200 et seq.,
and this chapter of the West Hollywood Municipal Code for violations
of the city's parking regulations. Such officers are further empowered
to remove, impound and immobilize motor vehicles for violation of
the city's traffic regulations, and to regulate traffic whenever official
traffic control devices are disabled or inoperable at scenes of accidents
or disasters, or at such locations as may require traffic direction
for orderly flow.
j.
Authority. The provisions of this section, except subsections (h) and (i) hereof, have been enacted pursuant to the provisions of Section 853.6 of the California Penal Code.
(Prior code § 1201; Ord. 96-479 § 1, 1996; Ord. 97-489 §§ 3, 4, 1997; Ord. 97-507 §§ 1—3, 1997; Ord. 01-598 § 2, 2001)
An administrative citation in a form approved by the City Manager may be issued to a responsible party by an enforcement officer for violation of those sections set forth in subsection (e) of Section 1.08.010 as follows:
a.
By Personal Service. The person on whom the citation is
served is required to confirm receipt by signing a copy of the citation,
but his or her failure to do so shall have no effect on the citation's
validity or enforceability; or
b.
By Regular First-Class Mail. Service shall be deemed effective
when the citation is deposited in the United States mail to the responsible
party as shown on the County's current equalized assessment roll or
other records pertaining to the matter to which such notice is directed;
or
c.
By Posting on Property. If the enforcement officer is unable to serve the citation under subsection (a) or (b) above, by posting a copy of the citation on any real property within the city in which the city has knowledge that the responsible party has a legal interest. Service under this subsection shall be deemed effective on the date when the notice is posted; or
d.
By Publication. If the enforcement officer cannot post the
citation by any of the above methods, by publishing the citation in
a newspaper likely to give actual notice to the party subject to the
citation. The publication shall be once a week for four successive
weeks in a newspaper published at least once a week.
(Prior code § 1202; Ord. 96-479 § 1, 1996; Ord. 05-712 § 1, 2005; Ord. 18-1025 § 1, 2018)
Administrative citations shall contain all of the following
information:
a.
The
date and location of the violation and the approximate time the violation
was observed;
b.
The
code section violated and a description of how the section was violated;
c.
The
action required to correct the violation;
d.
The
consequences of failing to correct the violation;
e.
The
amount of penalty imposed for the violation;
f.
Information
regarding the procedure to contest the citation;
(Prior code § 1203; Ord. 96-479 § 1, 1996)
Upon receipt of a citation, the responsible party must do one
of the following:
a.
Pay the Penalty. Payment of the penalty waives the responsible party's right to the administrative hearing and appeal process pursuant to Section 1.08.060; or
b.
Remedy the Violation. If the violation is a first-time correctable
offense, is deemed by the enforcement officer not to create an immediate
danger to health and safety, and the responsible party remedies it
within the time indicated on the citation, the responsible party is
required to pay only the administrative reimbursement portion of the
penalty upon providing proof of correction to the enforcement officer;
or
c.
Request an Administrative Hearing. If the responsible party
chooses to contest the citation, the party shall do so no later than
twenty-one days after service of the citation. The request shall be
submitted in writing as directed on the citation and shall include
a statement of reasons why the citation is being contested. The request
shall be accompanied by a deposit in the full amount of the penalty,
inclusive of the administrative reimbursement portion, or written
proof of financial hardship, which at a minimum must include tax returns,
financial statements, bank account records, salary records or similar
documentation demonstrating that the responsible party is unable to
deposit the penalty. A hearing will not be scheduled unless the full
amount of the penalty is deposited, or the city finds the responsible
party financially unable to do so and waives the deposit requirement.
In the event the responsible party fails or refuses to select and satisfy any of the alternatives set forth in subsection (a), (b) or (c) above, then the penalty shall be 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 shall not preclude issuance of additional citations to the responsible party should the violations persist.
(Prior code § 1204; Ord. 96-479 § 1, 1996; Ord. 97-489 § 5, 1997; Ord. 05-712 § 2, 2005; Ord. 16-988 § 2, 2016)
a.
Prehearing Dismissal of Citation. The City Manager may dismiss
an administrative citation at any time if it is determined to have
been issued in error, in which event any deposit made shall be refunded.
b.
Time for Administrative Hearing. The administrative hearing
shall be scheduled no later than ninety days after receipt of the
request for a hearing to contest the citation. The responsible party
will be notified in writing at least ten days prior to the date of
the hearing by first class mail of the date and time of the hearing.
c.
Appointment of Administrative Hearing Officer. The hearing
shall be conducted by an Administrative Hearing Officer appointed
by the City Manager to perform such hearings.
d.
Request for Continuance of Hearing. The responsible person
may request one continuance of the hearing, but in no event may the
hearing begin later than ninety days after receipt of the request
for hearing from the responsible person.
e.
Failure to Attend Administrative Hearing. The individual
to whom an administrative citation is issued, or that person's representative,
may attend the hearing in person, or in lieu of attending may submit
an Appearance by Written Declaration on a form provided by the city
for that purpose.
1.
If
the cited individual or his or her representative fails to attend
the scheduled hearing, or fails to submit an Appearance by Written
Declaration on the form provided by the city for that purpose, he
or she shall be deemed to have waived his or her right to an administrative
hearing. Under these circumstances, the Administrative Hearing Officer
shall dismiss the challenge to the administrative citation, and shall
issue a written notice to that effect. An individual whose challenge
to an administrative citation is dismissed under this section shall
be deemed not to have availed him or herself of the right to an administrative
hearing as provided in this chapter.
2.
An
individual who has been issued an administrative citation and who
has requested an administrative hearing to challenge the citation
as provided in this chapter may request in writing that his or her
challenge to the citation be dismissed and the hearing canceled. Upon
receipt of such request, the administrative hearing officer shall
dismiss the challenge to the administrative citation, cancel the pending
hearing, and issue a written notice to that effect. Any individual
who requests the dismissal of a challenge to an administrative citation
under this section shall be deemed never to have availed him or herself
of the right to an administrative hearing as provided in this chapter.
f.
Procedures at Administrative Hearing. Administrative hearings
are informal, and 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 witnesses. The city bears
the burden of proof at an administrative hearing to establish a violation.
The citation is prima facie evidence of the violation and the enforcement
officer who issued the citation is not required to participate in
the hearing. The Administrative Hearing Officer shall use preponderance
of the evidence as the standard of evidence in deciding the issues.
Evidence shall be submitted under penalty of perjury.
g.
Decision of Administrative Hearing Officer. At the conclusion
of the hearing or within fifteen days thereafter, the Administrative
Hearing Officer shall render a decision as follows:
1.
Determine
that the violation for which the citation was issued occurred, and
impose a fine in the amount set forth in the penalty schedule, inclusive
of the administrative reimbursement portion, and if the violation
has not been corrected as of the date of the hearing, order correction
of the violation; or
2.
Determine
that the violation for which the citation was issued occurred, but
that the responsible party has introduced credible evidence of mitigating
circumstances warranting imposition of a lesser penalty than that
prescribed in the penalty schedule, or no penalty at all, and imposing
such lesser fine, if any, and if the violation has not been corrected
as of the date of the hearing, ordering that the violation be corrected;
or
3.
Determine
that the violation for which the citation was issued did not occur
or that the condition did not constitute a violation of the code.
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The Administrative Hearing Officer shall issue a written decision entitled "Administrative Order" no later than fifteen days after the date on which the administrative hearing concludes. The Administrative Order shall be served upon the responsible person by first class mail, or if that method fails, by any one of the other methods set forth in Section 1.08.030. The Administrative Order shall become final on the date of mailing or other service, and shall notify the responsible person of his or her right to appeal as provided in subsection (h) of this section. The Administrative Order shall also: (i) either set a deadline for compliance with its terms, in the event that the responsible person fails to file an appeal, in no event less than twenty days from the date of mailing or other service; or (ii) if the hearing officer determines as described in subsection (g)(2) or (g)(3) immediately above, and the responsible party has deposited the penalty with the city, order a partial or full refund of the deposit.
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If the violation is a continuing violation of the city's building,
plumbing, electrical, or zoning code, the Administrative Order shall
provide that the responsible person has not more than thirty days
from mailing or other service of the Administrative Order to correct
the violation.
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h.
Appeal to Administrative Order. Within twenty days after
mailing or other service of the Administrative Order to the responsible
person, he or she may seek review of the Administrative Order by filing
a notice of appeal with the municipal court. The 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 responsible person fails
to timely file a notice of appeal, the Administrative Order shall
be deemed final.
i.
Failure to Comply With Administrative Order. Failure to comply with a final Administrative Order directing the abatement of a continuing violation, is a misdemeanor. In that event, or if the city prevails in an appeal of such an Order to the Municipal Court pursuant to subsection (h) of this section, and the responsible person fails to comply with the final Administrative Order, the city may file a criminal misdemeanor action against the responsible person. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with the Administrative Order. For purposes of this subsection (i), the term "continuing violation" shall mean a single, ongoing condition or activity in violation of the Municipal Code.
(Prior code § 1205; Ord. 96-479 § 1, 1996; Ord. 97-489 § 6, 1997; Ord. 01-597 § 1, 2001; Ord. 01-598 § 3, 2001)
The City Manager is authorized to promulgate procedural rules
and regulations governing the civil administrative penalty citation
and hearing process.
(Prior code § 1206; Ord. 96-479 § 1, 1996)
Whenever in this code any act or omission is made unlawful,
it shall include causing, permitting, aiding, abetting, suffering
or concealing such act or omission.
(Prior code § 1207; Ord. 96-479 § 1, 1996)
