The following definitions shall govern construction of this
chapter, unless the context clearly requires otherwise:
means the written notice provided to a responsible party
that a violation of the code has occurred, and is subject to assessment
of a civil fine as issued by a code enforcement officer as described
herein.
means the Lawndale Municipal Code, any city ordinance, and
any code adopted by reference.
means the enforcement personnel identified in Section 8.28.190, and any other officer designated by the director of municipal services. Unless otherwise authorized by the code or California law, a code enforcement officer shall have the power to issue an administrative citation as provided in this chapter, but shall not have the power to arrest.
means the impartial person appointed by the city manager
to preside over administrative citation appeal hearings under this
chapter. A hearing officer shall not be an employee of the city and
shall have no financial interest in the outcome of any matter over
which they may preside.
means any ownership interest of any person as hereafter defined
in real or personal property as evidenced by title or ownership documents
or instruments recorded with the Los Angeles County Recorder's Office
or on file with, or in possession of, any other governmental entity.
"Legal interest" shall also include the property interest of lessees
or tenants of real property, as well as all sublessors thereof.
means the person who a city official reasonably believes
is causing, performing, or permitting to exist or otherwise maintaining
a public nuisance, or any other suspected or actual violation of the
code, and includes the owner of the real property involved, any person
with a legal interest in the property, and any tenant, occupant, or
user thereof, or any other person in real or apparent charge or control
of said real property.
(Ord. 1174-20 § 2)
A.
This chapter provides for an administrative remedy for violations of the code that: (1) are transitory or immediately remediable including, without limitation, violations involving inoperable vehicles, overgrown vegetation, and junk, trash and debris; (2) pertain to business taxes, licenses and regulations set forth in Title 5 of this Code; or (3) create an immediate danger to public health or safety. This remedy may be exercised in place of, or in addition to, any other: administrative, criminal, civil, or equitable remedy, allowed by law. The city prosecutor shall have sole discretion to determine whether a violation will be prosecuted criminally.
B.
Code
enforcement officers are vested with the authority to gain compliance
with the provisions of the code. These powers include, but are not
limited to, the power to use all judicial and administrative remedies
available, including issuance of administrative citations.
C.
Any notice required under this chapter shall be served in the manner set forth in Section 2.12.070.
1.
If the responsible party is not the owner of the property where the alleged violation of the code occurred, written notice shall be served in the manner set forth in Section 2.12.070, and personally delivered or sent by United States mail to the property owner at the 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.
2.
When
personal service or service by United States mail upon any responsible
party is unsuccessful, a copy of the notice shall be posted in a conspicuous
place on the property where the alleged violation of the code occurred.
3.
Notice
will be effective on the date of mailing. The failure of any responsible
party to receive any notice served in accordance with this section
shall not affect the validity of any proceedings taken under the code.
D.
The
remedies provided by this chapter are in addition to all other legal
remedies, criminal or civil, which may be pursued by the city to address
any violation of the code. The use of administrative citations shall
be at the sole discretion of the city.
(Ord. 1174-20 § 2)
A.
Whenever
a code enforcement officer determines that a violation of the code
has occurred, the code enforcement officer may issue an administrative
citation to each and any responsible party.
B.
To the
extent the following information is reasonably available to the code
enforcement officer, the administrative citation shall include:
1.
The
date and location of the violation, and the approximate time the violation
occurred;
2.
The
section of the code violated, and a description of how the section
was violated;
3.
The
amount of the fine assessed for the code violation and a description
of the fine payment process;
4.
An
order to correct the code violation described in the administrative
citation, if applicable; and
5.
A
description of the administrative citation appeals hearing procedure,
the appeal period, and the place from which to obtain an appeal form.
C.
Upon
service of an administrative citation, the responsible party shall
pay the fine no later than twenty days from the date of service of
the administrative citation. Payment of the fine shall not excuse
or discharge the failure to correct the violation, nor shall it bar
further enforcement action by the city.
(Ord. 1174-20 § 2)
A.
The
amount of the fine associated with the administrative citation shall
be assessed according to a schedule of fines adopted by the city council.
The schedule of fines may include escalating fine amounts for repeat
violations occurring within specified periods of time, and fines may
vary depending on the particular code section violated. Each responsible
party shall be guilty of a separate offense for each and every day
during which a violation of any section of the code or condition of
approval is committed, continued or permitted by such responsible
party.
B.
For
purposes of establishing the maximum fine amount under Government
Code Section 53069.4, all violations forming the basis of an administrative
citation issued under this chapter would otherwise be a misdemeanor.
C.
The
fine shall be paid to the city within twenty days from the date of
service of the administrative citation. Any person who fails to pay
any fine imposed by the city shall also be liable for the payment
of any applicable late payment charges set forth in the schedule of
fines.
D.
Fine
payment does not extinguish the duty to correct the violation nor
does fine payment bar further enforcement action by the city.
E.
If the
violation is not abated, additional, subsequent administrative citations
may be issued for the same violation. Fines will accrue until the
violation is properly abated to the satisfaction of the city. The
amount of the fine for failure to correct the violation will increase
at the rate established by the city council.
F.
A responsible
party who fails to pay any fine or other charge owed to the city under
this chapter is liable in an action brought by the city for all costs
incurred in securing payment of the delinquent amount, including,
but not limited to, administrative costs and attorneys' fees incurred
by the city. Such collection costs are in addition to any fines and
late charges accrued.
(Ord. 1174-20 § 2)
A.
The
fine associated with any administrative citation must be paid within
20 days from the date of service of the administrative citation, and
is not deferred if an administrative citation appeals hearing is requested
pursuant to this section.
B.
An appeal
of an administrative citation must be filed within twenty days from
the date of service of the administrative citation in the city clerk's
office. The appeal must set forth fully the grounds upon which the
appeal is based. The administrative citation shall be final unless
appealed in accordance with this section.
C.
The
city manager, or a duly authorized designee, is authorized to develop
and implement policies and procedures relating to the qualifications,
appointment, and compensation of hearing officers and all other matters
relating to conducting administrative citation appeals hearings as
provided in the code.
D.
Any
person designated to serve as a hearing officer is subject to disqualification
for bias, prejudice, interest, or for other reason or which a judge
may be disqualified in a court of law. Disqualification of a hearing
officer shall be based upon a showing of actual bias, prejudice, interest,
or other reason.
(Ord. 1174-20 § 2)
A.
A requested
appeal shall be heard before a hearing officer within thirty days
of the city's receipt of the appeal, unless both the city and party
requesting the hearing ("appellant") agree to a later date.
B.
The
hearing officer shall conduct the appeal hearing in an informal manner
and the formal rules of evidence and discovery shall not apply. The
hearing officer shall consider only evidence relevant to whether a
violation of the code occurred and whether the appellant caused or
maintained the violation of the code on the date(s) specified. No
authority to issue a subpoena is provided by this section.
C.
Neither
the code enforcement officer nor any other city staff shall be required
to attend the hearing, but may do so in their sole discretion. The
administrative citation and any additional report submitted by the
city shall constitute prima facie evidence of the respective facts
contained in those documents. If the appellant presents evidence to
the contrary, the burden of proof shall shift to the city to support
the issuance and basis of the administrative citation.
D.
A preponderance
of the evidence shall be the standard of proof used by the hearing
officer in deciding the issues at an administrative citation appeals
hearing.
E.
A continuance
of the hearing may be granted for good cause, or to request additional
information from a code enforcement officer or appellant, prior to
issuing a written decision. Failure to appear by the appellant constitutes
a forfeiture of the right to contest the fine, as well as a failure
to exhaust administrative remedies.
(Ord. 1174-20 § 2)
A.
Within
ten days following the administrative citation appeals hearing, the
hearing officer shall issue a written decision to uphold or cancel
the administrative citation and shall explain the reason for the decision
based on all of the testimony and evidence submitted at the hearing.
The written decision shall also include information on the right of
the appellant to judicial review.
B.
The appellant shall be served with a copy of the hearing officer's written decision, which shall be served in the same manner as set forth in Section 2.12.070.
C.
If the
hearing officer determines that the administrative citation should
be upheld, the fine associated with the administrative citation shall
be retained by the city. If the hearing officer determines that the
administrative citation should be canceled, the city shall promptly
refund the amount of the deposited fine, together with any late fees
paid for the period of time the fine was held by the city.
D.
Administrative
costs incurred in connection with any violation found to exist, or
for any violation which was not timely corrected, shall be assessed
against the appellant. The administrative costs shall include any
and all costs incurred by the city in connection with prosecuting
the violation, including, but not limited to, investigation costs,
staffing costs for preparing and conducting the administrative hearing,
costs for all inspections necessary to enforce compliance, and attorneys'
fees incurred therewith. The decision shall specify the date by which
the costs must be paid to the city.
(Ord. 1174-20 § 2)
A.
Late
Payment Charges. Any person who fails to pay to the city on or before
the due date any fine imposed pursuant to the provisions of this chapter
shall be liable for the payment of late payment charges as follows:
1.
For
payments received within thirty days after the due date, a late fee
in the amount of fifty percent of the fine due.
2.
For
payments received more than thirty days after the due date, a late
fee in the amount of fifty percent of the fine due, plus an additional
ten percent of the overdue fine for each month the payment is overdue.
The maximum late fee shall be one hundred percent of the overdue fine.
B.
Collection
of Fines and Costs; Lien Procedure.
1.
If
the responsible party fails to satisfy in full the assessed fines
and costs by the time specified in the appeal hearing decision or
the administrative citation, and no timely appeal of the appeal hearing
decision has been filed with the Los Angeles Superior Court, the city
may recover the outstanding fines and costs by imposing a lien against
the real property on which the violation occurred, as provided by
law.
2.
Prior to the recording of the lien with the Los Angeles County Recorder's Office, the city council shall conduct a hearing to hear any protest or objection to the lien. The city shall serve notice of the hearing upon the owner of record of the real property, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of hearing shall include the time, date, and place of the hearing, and shall be served upon the owner of record by regular mail in accordance with Section 2.12.070 at least ten days before the date of the hearing.
3.
If the city council determines that the lien should be imposed, the responsible party shall have forty-five days to satisfy the assessed fines and costs in full. If after that time the assessed fines and costs are not paid in full, a code enforcement officer shall prepare and file with the city clerk a report stating the amount due and owing, which shall include all costs set forth in Section 1.11.070(D).
4.
After
the report is filed with the city clerk, the city may cause the lien
to be recorded with the Los Angeles County Recorder's Office. Once
recorded, the lien shall have the force and effect and priority of
a judgment lien governed by the provisions of Section 697.340 of the
Code of Civil Procedure, or its successor, and may be extended as
provided in Sections 683.110 to 683.220, inclusive, of the Code of
Civil Procedure, or their successors.
5.
The
remedies set forth in this section are not exclusive and may be used
in addition to those set forth elsewhere in the code or by law. The
city may collect any past due fines and costs by use of any available
legal means.
(Ord. 1174-20 § 2)
The appellant may seek review of the decision by filing a notice
of appeal with the Los Angeles Superior Court and serving the city
clerk with the notice of the appeal in accordance with Government
Code Section 53069.4. If the appellant fails to timely file a notice
of appeal, the hearing officer's decision shall be deemed final.
(Ord. 1174-20 § 2)
