There is adopted the recodified "Paramount Municipal Code," as compiled, edited, and published by Quality Code Publishing (QCP), Seattle, Washington ("the Code"), to replace, in its entirety, the Paramount Municipal Code in effect on the date the ordinance codified in this section is adopted (the "prior PMC").
(Ord. 1142 § 1, 2020)
The Code shall be known as the "Paramount Municipal Code" and it shall be sufficient to refer to the Code as the "Paramount Municipal Code," "the Code," or "the PMC" in any prosecution for the violation of any provision of the Code or in any proceeding at law or equity. It is sufficient to designate any ordinance adding to, amending, correcting, or repealing all or any part or portion of the Code as an addition to, amendment to, correction of, or repeal of the Code. References may be made to the titles, chapters, sections, and subsections of the Code and such references shall apply to those titles, chapters, sections, or subsections as they appear in the Code.
(Prior code § 1-1; Ord. 1142 § 2, 2020)
In the construction of this Code and of all ordinances, regulations and resolutions of the City, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council or the context clearly requires otherwise:
City.
The City of Paramount.
City law enforcement agency.
The officer, department or agency designated by the City as the officer, department or agent responsible for law enforcement in the City.
Code.
The words "the Code" or "this Code" shall mean "the Code of the City of Paramount, California."
Computation of time.
The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.
Council.
"Council" means the City Council of the City of Paramount.
County.
"County" is the County of Los Angeles.
Day.
A day is the period of time between any midnight and the midnight following.
Daytime, nighttime.
"Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.
Gender.
The masculine gender includes the feminine and neuter genders.
Goods.
"Goods" includes wares or merchandise.
Individual.
"Individual" means a human being.
In the City.
The words "in the City" shall mean and include all territory over which the City now has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.
Joint authority.
All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
Month.
The word "month" shall mean a calendar month.
Number.
The singular number includes the plural, and the plural number includes the singular.
Oath.
"Oath" includes an affirmation.
Officers, departments, boards, commissions and employees.
"Officers, departments, boards, commissions and employees" referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Paramount, unless the context clearly indicates otherwise.
Official time.
Whenever certain hours are named in this Code, they shall mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the City.
Operate.
Includes carry on, keep, conduct or maintain.
Owner.
"Owner," applied to a building or land, shall include any part owner, tenant, tenant in common or joint tenant of the whole of a part of such building or land.
Person.
"Person," as used in this Code or in any uniform code adopted hereby, includes any person, firm, association, organization, partnership, business trust, company or corporation, and any municipal, political or governmental corporation, district, body or agency, other than the City.
Personal property.
"Personal property" includes every species of property, except real property, as defined in this section.
Preceding, following.
The words "preceding" and "following" mean next before and next after, respectively.
Process.
"Process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.
Property.
"Property" shall include real and personal property.
Real property.
"Real property" means lands, tenements and hereditaments.
Regional Planning Commission.
"Regional Planning Commission" means the Los Angeles County Planning Commission.
Sale.
"Sale" includes any sale, exchange, assignment, barter or offer for sale.
Shall, may.
"Shall" is mandatory and "may" is permissive.
Sheriff.
"Sheriff" means the Sheriff of Los Angeles County.
Signature or subscription by mark.
"Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his or her own name near the signer's or subscriber's name; but, a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.
State.
"State" is the State of California.
Street.
"Street" means all streets, highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs or other public ways in this City which have been or may be dedicated and open to public use, or such other public property so designated in any law of this State.
Tenant or occupant.
"Tenant" or "occupant" applied to a building or land shall include any person who occupies the whole or part of such building or land, whether alone or with others.
Tenses.
The present tense includes the past and future tenses, and the future tense includes the present.
Week.
A week consists of seven consecutive days.
Writing.
"Writing" includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing in the English language unless it is expressly provided otherwise.
Year.
"Year" means a calendar year, except where otherwise provided.
(Prior code § 1-2)
A. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
B. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.
(Prior code § 1-4)
The adoption of the Code does not affect prosecutions for ordinance violations committed prior to the effective date of the Code, does not waive any fee or penalty due and unpaid on the effective date of the Code, and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance.
(Ord. 1142 § 7, 2020)
If any section, subsection, sentence, clause, or phrase of the Code is for any reason held to be invalid or unconstitutional, then such decision shall not affect the validity of the remaining portions of the Code.
(Prior code § 1-5; Ord. 1142 § 8, 2020)
Not less than three copies of this Code shall be filed for use and examination by the public in the office of the City Clerk. At least three copies duly certified to by the City Clerk shall be permanently bound and maintained on file in his or her office. Additional copies shall be prepared in loose-leaf form and mounted to withstand heavy usage in such binders as the City Clerk may prescribe. Copies thereof shall be distributed as determined by the City Clerk.
(Prior code § 1-6)
The City Clerk shall prepare printed copies of changes in the Code for insertion in the loose-leaf copies thereof. Every section of the Code so changed shall have printed thereon a notation of the ordinance number pursuant to which change is adopted.
At least once yearly, the City Clerk shall cause the loose-leaf pages of the Code in which changes have been made, to be reprinted, including the notation as to the ordinance number pursuant to which such change is adopted, in order that at least once yearly the loose-leaf copies of such Code prepared for the use and convenience of the officers and employees of the City and the general public may be brought up to date.
(Prior code § 1-7)
Title, chapter, and section headings contained in the Code shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any title, chapter, or section in the Code.
(Prior code § 1-8; Ord. 1142 § 4, 2020)
This Code shall refer only to the omission or commission of acts within the territorial limits of this City and to that territory outside of the City over which the City has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property.
(Prior code § 1-9)
Whenever a power is granted to or duty is imposed upon a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized, pursuant to law or ordinance; and by an officer of the County or by a deputy or employee of such officer when by contract with the City such officer is obligated and has agreed to perform certain duties on behalf of the City, unless this Code expressly provides otherwise.
(Prior code § 1-10)
Whenever a reference is made to the Code as the Paramount Municipal Code, the Code, the PMC, or to any portion thereof, or to any ordinance of the City of Paramount codified in the Code, the reference shall apply to all amendments, corrections, and additions heretofore, now, or hereafter made.
(Prior code § 1-11; Ord. 1142 § 3, 2020)
The provisions of the Code shall not in any manner affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within the Code.
(Ord. 1142 § 5, 2020)
The last ordinance included in the Code was Ordinance No. 1128, passed April 7, 2020. The following Ordinances (passed subsequent to Ordinance No.1128 but prior to the adoption of the Code) are adopted and made a part of this Code: Ordinance Nos. 1129, 1130, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138 (Urgency), 1139 and 1140. (Ordinance Nos. 1129, 1132, 1133, 1136, and 1139 are a zone change or development agreement, which will only be reflected in the Ordinance List as "uncodified.")
(Ord. 1142 § 6, 2020)
Unless otherwise expressly stated or the context requires, references in City forms, documents, and regulations to the chapters, sections, and provisions of the prior PMC shall be construed to apply to the corresponding chapters, sections, and provisions contained within the Code.
(Ord. 1142 § 9, 2020)
A. 
Service. Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at his or her last known business or residence address as the same appears in the public records of the City or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the United States Post Office.
B. 
Proof of Giving. Proof of giving any notice may be made by the certificate of any officer or employee of the City, or by affidavit of any person over the age of 18 years, which shows service in conformity with this Code, or other provisions of law applicable to the subject matter concerned.
(Prior code §§ 1-12, 1-13)
The City Council hereby finds and determines that where public notice is required by law, or this Code, or motion, order, resolution or ordinance of the City Council to be posted in three public places, that the three public places in the City most likely to give notice are:
A. 
Bulletin board, Paramount Police Station, 15001 Paramount Boulevard, Suite C, Paramount, California.
B. 
Bulletin board, Paramount Library, 16254 Colorado Avenue, Paramount, California.
C. 
Bulletin board, City Hall, 16400 Colorado Avenue, Paramount, California.
Such notices shall be so posted at such places.
(Prior code § 1-15)
A. 
Misdemeanor—Infraction. No person shall violate any of the provisions, or fail to comply with any of the requirements of this Code or any condition of any permit or license approved pursuant to any provision of this Code. Any person violating any of the provisions or failing to comply with any of the requirements of this Code or any condition of any permit or license approved pursuant to any provision of this Code shall be guilty of a misdemeanor unless:
1. 
Such violation or failure to comply is expressly stated by this Code or State law to be infraction; or
2. 
The City Attorney or prosecutor files a complaint charging the offense as an infraction.
B. 
Punishment.
1. 
Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine not exceeding the greater of $1,000.00 or the maximum fine authorized under California Government Code Section 36901 as it may be subsequently amended; or by imprisonment in the County Jail for a period not exceeding the greater of six months of the maximum period of time authorized under California Government Code Section 36901, as it may be subsequently amended; or by both such fine and imprisonment.
2. 
Except as provided herein, any person convicted of an infraction under the provisions of this Code shall be punishable by a fine not exceeding the greater of the following amounts, or the maximum fine authorized under California Government Code Section 36900(b) as it may be subsequently amended; for a first conviction, by a fine of not more than $100.00, for a second conviction within a period of one year, by a fine of not more than $200.00, and for a third or any subsequent conviction within a period of one year, by a fine of not more than $500.00. Any person convicted of an infraction under the building and safety provisions of this Code shall be punishable by a fine not exceeding the greater of the following amounts, or the maximum fine authorized under California Government Code Section 36900(c) as it may be subsequently amended: for a first conviction by a fine of not more than $100.00, for a second conviction within a period of one year by a fine of not more than $500.00, and for a third or any subsequent conviction within a period of one year by a fine of not more than $1,000.00.
3. 
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.
(Prior code § 1-16)
When any loud or unruly assemblage occurs, and in the event that the Deputy Sheriff at the scene determines that there is a threat to the public peace, health, safety or general welfare, then that deputy shall notify the owner of the premises or the person in charge of the premises or the person responsible for the said assemblage that that person, or if that person is a minor, that the parents and guardians of that person will be held personally liable for the costs of providing Sheriff's Department personnel on special security assignment over and above the normal services provided by the Sheriff's Department to those premises. A first warning shall be deemed to be the normal services provided. The personnel utilized after the first warning to control the threat to the public peace, health, safety or general welfare shall be deemed to be on special security assignment over and above the normal services provided. The costs of such special security assignment may include damages to City or County property and/or injuries to Sheriff's Department personnel.
(Prior code § 1-16.1)
Whenever any person has committed a violation which is the primary cause of an accident and, whenever said person is found to be driving under the influence of alcohol and/or drugs and, whenever there is an emergency response to such an incident or personnel, supplies and equipment of police, firefighters, paramedics or emergency medical services said person shall be liable and charged for expenses of the emergency response not to exceed $1,000.00.
(Prior code § 1-16.2)
A public employee, when authorized by the City Manager and certified under Section 832 of the California Penal Code, may arrest a person without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor, in his or her presence, which is a violation of a statute or ordinance, which the public employee has the duty to enforce. Whenever the arrested person does not demand to be taken before a magistrate, the public employee shall prepare a written notice to appear and release the person on his or her promise to appear.
(Prior code § 1-17.1)
A. 
Notice to Appear in Court. If any person is arrested for a violation of a section of this Code and such person is not immediately taken before a magistrate as prescribed in the State Penal Code, the arresting officer 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.
B. 
Violation of Promise to Appear in Court. Any person willfully violating his or her written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.
C. 
Warrant for Arrest for Failure to Appear in Court. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 853.1 of the California Penal Code, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within 20 days after his or her failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he or she promised to appear, then, within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.
(Prior code §§ 1-18, 1-19, 1-20)
In addition to the penalties provided in this chapter, 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, by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense.
(Prior code § 1-21)
The violation of any administrative provision of this Code by any officer or employee of the City may be deemed a failure to perform his or her duties under rules and regulations of the City, or observe the rules and regulations of the department, office or board within the meaning of Civil Service Ordinances and other rules and regulations of the City.
(Prior code § 1-22)
This chapter provides for administrative citations that are in addition to all other legal remedies, criminal and civil, which may be pursued by the City to address any violations of this Code. Any person violating any provision of this Code may be issued an administrative citation as provided in this chapter.
(Prior code § 1-23)
An administrative fine shall be assessed by means of an administrative citation issued by an enforcement officer, and shall be payable directly to the City of Paramount. Fines shall be set forth in an administrative fine schedule established by resolution of the City Council. Fines shall be collected in accord with the procedures specified in this chapter. Payment of a fine shall not excuse failure to correct the violation nor shall it bar further enforcement action by the City.
(Prior code § 1-24)
"Cited party"
means a responsible person who has been issued an administrative citation.
"City"
means the City of Paramount.
"Continuing violation"
means any condition or activity in violation of the Paramount Municipal Code, codes adopted by reference, or City ordinances that continues beyond the date of the citation or, if time is given to correct the violation, the date stated on the administrative citation to correct the violation.
"Enforcement officer"
means any employee of the City of Paramount or agent for the City authorized to enforce provisions of this Code.
"Hearing officer"
means the person or contracted company designated by the City Manager to determine the validity of the violation stated on the citation.
"Legal interest"
means any interest that is represented by a deed, deed of trust, quitclaim deed, mortgage, lease, judgment lien, tax or assessment lien, mechanic's lien or other similar interest, which is recorded with the County Recorder.
"Responsible person"
means a natural person, heirs, executors, administrators, or assigns, firm, partnership, or corporation, its heirs or their successors or assigns, or the agent of any of the aforesaid, responsible for the creation, existence, commission, and/or maintenance of a violation of the Paramount Municipal Code, a code adopted by reference, or any applicable State statute. The term "responsible person" includes, but is not limited to, a property owner, tenant, person with a legal interest in real property, manager of real property or a business, or person in possession of real property.
(Prior code § 1-25)
This chapter provides for administrative fines for any violation of this Code. Administrative fines may be assessed in lieu of, or in addition to, any other legal remedy, criminal or civil, which may be pursued by the City to address any violation of this Code.
(Prior code § 1-26)
An enforcement officer shall have authority to issue an administrative citation to any responsible person for a violation of any provision of the Municipal Code and codes adopted by reference. Except when a violation creates an immediate danger to health or safety, if the violation is of the Building Code, Electrical Code, Plumbing Code, or Mechanical Code, the cited party shall be given a reasonable period of time to correct the violation before an administrative fine is imposed.
(Prior code § 1-27)
Administrative citations shall contain the following information:
A. 
The name of the responsible person and any mailing address, residence, driver license or identification number, physical description or other identifying information;
B. 
The date of the violation;
C. 
The name, when applicable, and address of the location where the violation occurred;
D. 
The provisions of the Code, law, permit, land use approval, or other regulation or entitlement violated, including a description of the violation;
E. 
The amount of the fine for the violation and the amount of the late charge if the fine is not paid by a specified date;
F. 
A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;
G. 
The actions required to correct the violation(s);
H. 
A reasonable deadline or time limitation for commencing and completing such corrective actions, not to exceed 21 days unless the enforcement officer determines that some longer period of time is reasonably warranted;
I. 
A description of the administrative citation appeal process, including the time within which the administrative citation may be appealed and the place from which a form to appeal the administrative citation may be obtained; and
J. 
The name, badge number, if applicable, and signature of the enforcement officer, and the signature of the responsible person, if that person is physically present and will sign the citation at the time of its issuance.
(Prior code § 1-28)
A. 
The amount of the fine imposed for a code violation shall be set forth in the schedule of administrative fines established by resolution of the City Council.
B. 
The schedule of administrative fines shall specify any increased fines for repeat violations of the same code provisions by the same responsible person within 12 months from the date of an administrative citation.
C. 
The schedule of administrative fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date.
D. 
The schedule of fines shall specify that each and every day a violation exists constitutes a separate and distinct offense.
E. 
Time to Pay an Administrative Fine. The fine shall be paid to the City or their authorized agent within 30 calendar days from the date of issuance of the administrative citation.
(Prior code §§ 1-29, 1-30)
An authorized enforcement officer shall issue and serve an administrative citation to a responsible person in the following manner:
A. 
Personal Service. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain that person's signature on the administrative citation, if the person is within the City's jurisdiction. If the responsible person is an entity, the enforcement officer may personally serve an employee over the age of 18, manager, principal, partner, director, officer or representative of the entity on behalf of said entity. The failure or refusal of a person to sign a citation shall not affect its validity or any related subsequent proceeding, nor shall signing a citation constitute an admission of guilt. The date of personal service shall constitute the date of issuance of the citation.
B. 
Mailed Service. If the responsible person is outside the jurisdiction of the City or cannot be located, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid, return receipt requested, with a copy of the citation simultaneously sent by first class mail. The date indicated on the receipt, or, if returned unsigned, the date of the mailing shall constitute the date of issuance of the citation.
C. 
Posted Service. If service cannot be accomplished by personal service or mailed service, the enforcement officer shall post the administrative citation on any real property in the City in which the responsible person is known to have a legal and possessory interest. The date of the posting shall constitute the date of the issuance of the citation.
D. 
The failure of a responsible person to receive an administrative citation shall not invalidate any fine, late charge, action or proceeding, if service was given in a manner authorized in this chapter.
(Prior code § 1-31)
A. 
A cited party may contest a citation in writing, not later than 15 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 the citation is being contested. The request shall be accompanied by a deposit in the full amount of the fine or a request for an advance deposit hardship waiver. A hearing will not be scheduled unless the full amount of the fine is deposited, or the City finds the responsible party unable to do so and waives the deposit requirement.
B. 
A request for an advance deposit hardship waiver shall be filed at the Public Safety Department on an advance deposit hardship waiver application form, available from the department, at the time an administrative hearing is requested. The Director of Finance or designee may issue an advance deposit hardship waiver but only if the person requesting the waiver submits a sworn affidavit, together with supporting documents, demonstrating to the satisfaction of the Director of Finance the person's financial inability to deposit with the City the full amount of the fine in advance of the hearing. Documentation of financial hardship may include tax returns, financial statements, bank account records, salary records, or similar documents acceptable to the Director of Finance, demonstrating that the cited party is unable to deposit the fine.
C. 
The Director of Finance or designee shall issue a written statement specifying the reasons for issuing or denying the waiver. The decision shall be served by United States mail or by personal service upon the cited party. If service is by mail, service is complete upon depositing the statement in the mail. If the Director of Finance or designee determines that an advance deposit hardship waiver is not warranted, the cited party shall remit the full amount of the fine to the City within 10 days of service of the written decision to grant or deny an advance deposit hardship waiver.
(Prior code § 1-32)
No hearing to contest an administrative citation before a Hearing Officer shall be held unless the fine has been deposited in advance, or an advance deposit hardship waiver has been issued in accord with this section.
A. 
Dismissal of Citation Before a Hearing. The Director of Public Safety may cause the dismissal of an administrative citation at any time if it would be in the best interest of the City, in which event any deposit will be refunded.
B. 
Notice of Administrative Hearing. The administrative hearing shall be scheduled not less than 15 nor more than 60 days after receipt of the request for a hearing to contest the citation is filed. The cited party contesting the administrative citation shall be notified in writing of the date, time, and location of the appeal hearing. Notice may be served personally upon the cited party/appellant or by U.S. mail with first class postage prepaid. Mailed notice shall be addressed to the cited party/appellant at the address provided by the cited party, or if there is no such address then in care of the property address, if known, of the cited party.
Service of notice is complete upon personal service on the cited party or upon depositing the notice of hearing in the U.S. mail. Failure of any person to receive the mailed notice shall not affect the validity of any proceeding or order regarding administrative citations.
C. 
Appointment of Administrative Hearing Officer. The City Manager shall designate the Hearing Officer or the contracted company for the administrative hearing. The Hearing Officer shall not be a City employee and his or her compensation shall not be conditioned upon whether or not administrative citations are upheld.
D. 
Request for Continuance of Hearing. The cited party may request one continuance of the hearing, but continued hearings must begin within 90 days after receipt of the request for hearing from the responsible person.
E. 
Appearance at Administrative Hearing by Written Declaration. The cited party, 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.
F. 
Failure to Appear at an Administrative Hearing. The cited party shall appear at the administrative hearing on the date and at the time and place specified. Failure to personally attend the administrative hearing shall be considered a nonappearance and a failure to exhaust administrative remedies and shall result in forfeiture of the deposit. The Administrative Hearing Officer shall then dismiss the challenge to the administrative citation, and shall mail a written notice to that effect to the cited party. The advance deposit shall then become the property of the City.
G. 
Request to Cancel an Administrative Hearing. A cited party who has requested an administrative hearing may request in writing that his or her challenge to the citation be dismissed and the hearing canceled. Upon receipt of such request, the Director of Public Safety or designee or the administrative hearing officer shall dismiss the challenge to the administrative citation, cancel the pending hearing, and issue a written notice to that effect. The advance deposit shall then become the property of the City.
H. 
Hearing Cancelled After Advance Deposit Hardship Waiver. If a hearing was scheduled after approval of an advance deposit hardship waiver form and then dismissed at the request of the cited party, the cited party shall pay the fine to the City within seven days after written notice to do so. If the cited party obtained an advance deposit hardship waiver and neither attended the hearing nor submitted an Appearance by Written Declaration, the cited party shall pay the fine to the City within seven days after written notice to do so.
I. 
Procedures at Administrative Hearing. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Hearsay evidence is permitted. Evidence shall be relevant to the issues to be decided. 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 and any additional documents prepared by the City in connection with the violation(s) are prima facie evidence of the violation. The enforcement officer who issued the citation may participate in the hearing. The Administrative Hearing Officer shall use preponderance of the evidence as the standard of proof in deciding the issues. Evidence shall be submitted under penalty of perjury.
J. 
Decision of Administrative Hearing Officer. At the conclusion of the hearing or within 15 days thereafter, the Administrative Hearing Officer shall render a decision as follows:
1. 
After consideration of all the evidence, the Hearing Officer shall issue a written decision to uphold or cancel the administrative citation and shall state the reasons for the decision and notice of the right to appeal the decision.
2. 
The cited party/appellant and the enforcement officer shall each be served by first class mail, postage prepaid, with a copy of the Hearing Officer's written decision. The cited party/appellant shall also be served by certified mail, return receipt requested. Service shall be deemed made as of the date on the receipt or, if returned unsigned, as of the date of mailing of the hearing officer's written decision.
3. 
If the administrative citation is upheld, the deposit with the City shall be retained by the City. If the administrative citation is not upheld, the City shall promptly refund the deposit.
4. 
If the citation is upheld and the violation has not been fully corrected as of the date of the hearing, the Hearing Officer's decision shall contain an order to correct the violation and a deadline for compliance.
5. 
The decision of the Hearing Officer shall be final.
(Prior code §§ 1-33—1-43)
A. 
If the administrative order imposes a fine in the amount set forth in the administrative fine schedule, or imposes a fine in a lesser amount, and the responsible person has filed, and the Director of Finance has approved, an advance deposit hardship waiver, then the fine imposed shall become immediately due and payable to the City and may be collected as provided in this chapter.
B. 
If the fine set forth in the administrative fine schedule was paid to the City before the administrative hearing and the administrative order imposes a fine in that amount, the fine paid shall immediately become the property of the City. If a fine is imposed in an amount less than the amount paid to the City before the administrative hearing, the amount imposed shall immediately become the property of the City and the excess shall be refunded within 30 days of the date of the administrative order.
(Prior code § 1-44)
A. 
A cited party who objects to the hearing officer's administrative decision and/or order may obtain review of the administrative citation by filing an appeal with the Superior Court in Los Angeles County in accord with Section 53069.4 of the California Government Code. Such appeal must be filed within 20 days after mailing or personal service of the administrative order to the cited party. The cited party shall within 10 days of filing a notice of appeal with the Superior Court serve upon the City Clerk either in person or by first-class mail a copy of the notice of appeal. The administrative order shall be final on the date it is served on the cited party.
B. 
Failure to Comply with the Administrative Order. Failure to comply with an administrative order directing the abatement of a continuing violation shall constitute a public nuisance and a misdemeanor crime. In that event, or if the City prevails in an appeal of such an Order to the Superior Court and the responsible person does not comply with the 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.
C. 
Only Abatement Discharges the Violation. Payment of the fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation. Only abatement of the cited condition discharges the violation.
(Prior code §§ 1-45, 1-46)
The City may use all available legal means to collect past due fines and other related costs.
A. 
Any person who fails to pay any fine shall be liable in any action or collection procedure brought by the City for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs, collection costs, and attorneys' fees.
B. 
Collection costs shall be in addition to any penalties, interest, and late charges imposed upon the delinquent obligation.
C. 
Commencement of an action to collect a delinquent fine shall not preclude issuance of one or more additional citations to the legally responsible party if the violation or violations exist after the date for correcting them as stated in the administrative order.
D. 
Late Payment Charges. Any cited party who fails to pay the City any fine imposed in accord with the provisions of this chapter on or before the date that the fine is due shall be liable for the payment of any applicable late payment charges set forth in the schedule of administrative fines.
(Prior code §§ 1-48, 1-49)
If the fine owed by a cited party is for one or more Paramount Municipal Code, or code adopted by reference, or City ordinance violations on the cited party's property, and the amount has been delinquent 90 days or more, the delinquent amount and late payment charges shall become a lien on the property on which the violations occurred.
A. 
Notice of Lien Hearing. The Director of Finance shall give written notice to the cited party of a hearing before the City Council regarding the delinquent fine amount and related costs. The notice shall be mailed by first class mail at least 10 days before the hearing. The notice shall state:
1. 
The citation or citations resulting in the delinquent fine amount;
2. 
The total of the delinquent fine amount and related costs;
3. 
The date the delinquent fine amount was due;
4. 
The street address, assessor's parcel number, and legal description of the property upon which the violations occurred;
5. 
The date, hour, and place of the hearing;
6. 
A statement that the cited party or other responsible person may appear and be heard;
7. 
A statement that unless the fine amount is paid by the date specified in a resolution by the City Council, the total amount due will become a lien and special assessment on the property.
B. 
Lien Hearing. At the lien hearing the City Council shall:
1. 
Hear and consider all competent evidence about the delinquent fine amount;
2. 
If it finds the amount is delinquent, make a finding of fact confirming that the delinquent fine amount and related costs are due the City as costs of nuisance abatement;
3. 
Order the total amount due to be paid to the City within five days, after which the amount due will become a lien on the property.
C. 
Recorded Lien. If the amount due is not paid within five days after the City Council confirms it and orders it paid, the amount due shall constitute a lien upon the real property upon which the nuisance violations existed and shall be an assessment against the property. The lien shall continue until the amount due and interest, computed at six percent per annum from the date of the City Council's confirmation, is paid or until it is discharged of record.
If the amount due is not paid as required by the City Council's order, a notice of lien shall be recorded in the Office of the County Recorder and delivered to the County Tax Collector. The notice of lien shall substantially be in the following form:
NOTICE OF LIEN
CLAIM OF THE CITY OF PARAMOUNT, CALIFORNIA
By the authority of Paramount Municipal Code Section 1.08.050, an administrative citation or citations were issued regarding nuisance abatement at the real property described below. Fines were assessed for the nuisance. By action of the Paramount City Council, recorded in its official minutes, the fines and related costs were confirmed as de-linquent and assessed against the property as costs of nuisance abatement.
The delinquent amount was not paid, therefore the City of Paramount claims a lien on the real property for the costs of abatement in the amount of $_____, which shall be a lien on the real property until it is paid, with interest at the rate of 6% per annum from the day of ________, 20____, the date the City Council confirmed the delinquent fines and related costs. The lien shall continue until paid in full and discharged of record. It shall also be a personal obligation against [insert name of property owner].
The real property upon which a lien is claimed is that certain parcel of land in the City of Paramount, County of Los Angeles, State of California, described as follows:
[Insert legal description.]
Dated this ____ day of ________________, 20___.
CITY OF PARAMOUNT
By: ____________________________
Director of Finance
(Prior code §§ 1-50—1-53)
A. 
After the lien is confirmed and recorded, a certified copy of it shall be filed with the County Auditor. The description of the parcel reported to the Auditor shall be the one used by the County Assessor's map book for the current year. The County Auditor shall enter each assessment on the County tax roll for the reported parcel of land.
B. 
In accord with California Government Code Section 54988, if the property is not an owner-occupied residential dwelling unit, the amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure provided for ordinary municipal taxes. Laws relating to the levy, collection, and enforcement of County taxes shall apply to such special assessment.
C. 
The Director of Finance may receive the amount due on the abatement costs and issue receipts at any time after the confirmation of the statement, before August 1st of that current year. The City Council may order a refund of any lien or assessment paid under this section if it finds that all or part of the assessment has been erroneously levied. An assessment or part thereof shall not be refunded unless a claim is filed with the City Clerk on or before March 1st after taxes become due and payable. The claim shall be verified by the person who pays the tax, or his or her guardian, executor, or administrator.
(Prior code § 1-54)