A. 
This chapter makes any violation of the provisions of this Code subject to administrative citation and fine. A violation of this Code includes, but is not limited to, all violations of any ordinance, regulation, rule or law applicable to the City, and any failure to comply with any condition imposed by any entitlement, agreement or environmental document issued or approved under the provisions of this Code.
B. 
This chapter establishes the administrative procedures for the imposition, enforcement, collection, and review of administrative citations and fines pursuant to Government Code Section 53069.4 and the City's plenary police power.
C. 
The issuance of an administrative citation under this chapter is solely at the City's discretion and is one option the City has to address violations of this Code. By adopting this chapter, the City does not intend to limit its discretion to use any other remedy, civil or criminal, to enforce the provisions of this Code and any other ordinance of the City.
D. 
The purpose of issuing administrative citations pursuant to this chapter is to encourage voluntary and complete compliance with the provisions of this Code and to eliminate nuisances for the protection and benefit of the entire community.
E. 
Because of the serious blighting conditions that can affect City residents' health and safety, this chapter is intended to impose strict liability upon owners, lessees and tenants of real property for all building, housing, fire and health code and zoning violations that occur upon that property.
(Ord. 269 § 1, 2014)
The following definitions apply to the use of these terms for the purposes of this chapter:
Administrative Citation.
A written citation issued to a responsible person for any violation of this Code.
Building Violation.
Any violation of this Code pertaining to building, plumbing, electrical, or other similar structural or zoning regulation that does not create an immediate danger to health or safety. A building violation does not include a violation of certain zoning provisions of the Lake Forest Municipal Code, including, but not limited to, Chapters 9.150, 9.164, 9.168 and 9.170.
Code.
The Lake Forest Municipal Code, the Lake Forest Zoning Code, or any ordinance adopted by the Lake Forest City Council, including, but not limited to, all Uniform Codes or other codes or regulations of the State of California duly adopted by reference or otherwise applicable to the City of Lake Forest.
Courtesy Administrative Citation.
An administrative citation issued for a first violation of the Code.
Director.
Director of the issuing department, or designee.
Enforcement Officer.
Any employee or agent of the City authorized to enforce the provisions of this Code as designated by the City Manager, including, but not limited to, the Code Enforcement Supervisor, Code Enforcement Officers, and Sheriff's Deputies.
Hearing Officer.
The person selected to serve as the hearing officer in an administrative hearing pursuant to Section 1.16.110.
Issuing Department.
The City department that has the authority and responsibility for enforcing the code section(s) designated on an administrative citation as having been violated.
Notice of Compliance.
A written notice issued to a violator by an enforcement officer confirming that the violation has been corrected.
Responsible Person.
A responsible person is any of the following:
1. 
A person who causes a code violation to occur.
2. 
A person who maintains or allows a code violation to continue, by his or her action or failure to act.
3. 
A person whose agent, employee, or independent contractor causes a code violation by its action or failure to act.
4. 
A person who is the owner of, and a person who is a tenant, lessee or sublessee with the current right of possession of real property where a property-related code violation occurs.
5. 
A person who is the on-site manager of a business, or a person actually or apparently in charge of the business.
6. 
A person who, pursuant to California Civil Code Section 2929.3, purchases residential property at a foreclosure sale, or acquires the residential property through foreclosure under a mortgage or deed of trust, where a property-related code violation exists upon the residential property, and the residential property is vacant.
For purposes of this subsection "person" includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity. There shall be a legal presumption that the record owner of a parcel according to the county's latest equalized property tax assessment rolls and a tenant, lessee or sublessee of a parcel has notice of any code violation existing on the premises.
For the purposes of this chapter, there may be more than one responsible person for a code violation and more than one violator.
Violator.
Person given an administrative citation charging him or her as a responsible person for a code violation.
(Ord. 269 § 1, 2014)
A. 
Any enforcement officer, upon determining that any provision of this Code, which he or she is charged to enforce, has been violated has the authority to issue an administrative citation to any responsible person or persons. An enforcement officer may issue an administrative citation for a violation the officer did not see occur if the officer has determined, through investigation, that the person is a responsible person. Courtesy violations shall be issued for a first violation, except when the violation threatens the public health or safety, in which case an administrative citation may be immediately issued.
1. 
Except for courtesy administrative citations issued for building violations pursuant to Section 1.16.040 and courtesy administrative citations issued to a responsible person as defined in Section 1.16.020(J)(6), a courtesy administrative citation shall provide the violator a minimum of five days to correct the violation, or a reasonable amount of time in the enforcement officer's discretion, unless the violation threatens the public health or safety.
2. 
A courtesy administrative citation issued to a responsible person, as defined in Section 1.16.020(J)(6), shall provide the violator a minimum of 30 days to correct the violation, or a reasonable amount of time in the enforcement officer's discretion, unless the violation threatens the public health or safety.
B. 
The violator shall be liable for and shall pay to the City the fine or fines described in the administrative citation when due pursuant to the provisions of this chapter.
C. 
Every person who applies for and receives a permit, license, or any type of land use approval (e.g., subdivision maps, use permits, site development permits, changed plans, variances, landscape plans, etc.), shall comply with all plan approvals and conditions imposed upon the issuance of the permit, license or other approval. If a person violates any condition of such permit, license or approval, he or she may be issued an administrative citation and may be liable for fines under the provisions of this chapter.
D. 
The City may take into consideration the fact that a person has been issued administrative citations when the City is determining whether to suspend or revoke any permit, license, or any type of land use approval for the person and such administrative citations are evidence that the person has committed acts that are not compatible with the health, safety and general welfare of other persons and businesses in the vicinity.
E. 
Prior to an administrative hearing, an enforcement officer may void an administrative citation issued pursuant to this section or Section 1.16.040 only if: (1) the citation was issued to the incorrect person; or (2) the citation was otherwise issued incorrectly. A properly issued administrative citation may only be lawfully dismissed or modified by means of the administrative hearing provisions established pursuant to Section 1.16.110.
(Ord. 269 § 1, 2014)
A. 
When a courtesy administrative citation is issued for a building violation, a violator shall have at least 30 days to correct or otherwise remedy the building violation. A violator may be given more than 30 days to correct or otherwise remedy a building violation if deemed necessary by the enforcement officer. Notwithstanding Section 1.06.030, no violator shall be liable for an administrative fine unless the building violation continues after the time period allowed for correction as specified on the courtesy administrative citation and the violator is issued an administrative citation.
B. 
The person responsible for a building violation may request an extension of the correction period specified on the courtesy administrative citation provided that a request is filed with the Director before the correction period ends. The Director may in his or her discretion grant a reasonable extension of the period of time to correct the building violation if the violator has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period specified on the administrative citation. The Director's decision shall be in writing and is final. The filing for such an extension does not, unless granted, extend the correction period or any other time periods set by this chapter.
C. 
If a building violation has not been corrected by the end of the correction period specified on the courtesy administrative citation, the enforcement officer has authority to issue to the violator an administrative citation and begin imposing fines upon the violator in the amounts described in Section 1.16.070. Additional administrative citations may be issued and fines imposed for each day the violation continues uncorrected from the date the administrative citation is issued.
D. 
If, upon re-inspection, the enforcement officer determines the violation has been corrected, he or she may issue a notice of compliance to the violator indicating correction has been made.
E. 
The procedures of this section shall not apply to violations of stop work orders and notices to vacate, or in the instance of a violation that poses immediate danger to public health or safety.
F. 
The City shall maintain a list generally describing those violations that pose an immediate danger to public health or safety.
(Ord. 269 § 1, 2014)
Each administrative citation shall contain the following information:
1. 
Name and physical description of the responsible person for the violation of this Code.
2. 
Date(s), approximate time and address or definite description of the location where the code violation existed or occurred.
3. 
The code section violated.
4. 
Description of the violation.
5. 
The name and signature of the enforcement officer issuing the administrative citation.
6. 
Designation of whether the citation is a courtesy administrative citation, and how much time the violator has to correct the violation.
7. 
Amount of the fine, if applicable for the violation and procedure to pay the fine and avoid a late payment penalty.
8. 
Notice that unpaid fines and late payment fees are subject to lien and special assessment collection procedures against the real property where the violation occurred, and unpaid assessments may result in the property being sold after three years by the county assessor.
9. 
A description of the action required to correct the violation(s).
10. 
Designation of a building violation (if applicable), date the correction period expires, and how to request an extension of that period.
11. 
Designation of prior administrative citations issued for the same code violation, if known by the enforcement officer.
12. 
Description of the procedure for requesting a hearing to contest an administrative citation.
13. 
An order prohibiting the continuation or repeated occurrence of the code violation(s) described in the administrative citation.
14. 
An address to which payment of the citation must be made.
15. 
Any other information deemed necessary by the City Attorney for enforcement or collection purposes.
(Ord. 269 § 1, 2014)
An administrative citation may be served as follows:
A. 
An enforcement officer may personally serve the administrative citation on the responsible person. If the responsible person is personally served, the enforcement officer shall require the responsible person to sign a copy of the administrative citation showing his or her receipt of the administrative citation. However, if the responsible person refuses or fails to sign the administrative citation, such refusal or failure to sign shall not affect the validity of the administrative citation or any subsequent proceedings.
B. 
An enforcement officer may mail the administrative citation by first class mail, if the responsible person is not present for personal service at the time the enforcement officer determines there has been a violation. The administrative citation shall be mailed to the responsible person's address shown on the county's last equalized property tax assessment rolls for a property-related violation, or to any address known for the responsible person for all other violations.
C. 
An enforcement officer may post a copy of the administrative citation on the property in a conspicuous place for a property-related violation when the responsible person resides at an unknown address other than where the violation occurs. A copy of the administrative citation must also be mailed to the responsible person at the property address.
(Ord. 269 § 1, 2014)
Administrative fines shall be assessed in the amounts specified by resolution of the City Council or, where no amount is specified, as follows:
A. 
Subject to Section 1.16.030(A), a courtesy administrative citation issued for a first violation, which shall carry no fine.
B. 
A fine not exceeding $100 for a second violation of the same code provision, ordinance or permit condition within one year from the date of the previous violation.
C. 
A fine not exceeding $200 for a third violation of the same code provision, ordinance or permit condition within one year from the date of the previous violation.
D. 
A fine not exceeding $500 for each additional violation of the same code provision, ordinance or permit condition within one year from the date of the previous violation.
E. 
The City may use any legal means to collect the fines imposed pursuant to this chapter.
F. 
Subject to Section 1.16.030(E), administrative fines may only be waived or modified by means of the administrative hearing provisions established pursuant to Section 1.16.100.
(Ord. 269 § 1, 2014)
A. 
Fines shall be made payable to the City and delivered to either the City or the City's contracted agent specified on the administrative citation itself within 15 business days from the date the administrative citation is issued.
B. 
Payment of a fine shall not excuse the responsible person and violator from correcting the code violation. The issuance of an administrative citation and/or payment of a fine does not bar the City from taking any other enforcement action regarding a code violation that is not corrected, including issuing additional administrative citations and/or initiating a criminal, civil or administrative action.
C. 
In the event that a fine imposed pursuant to an administrative citation remains unpaid for 60 days after such administrative citation is issued, the amount of such fine shall be doubled as a late penalty and become due immediately.
D. 
For each subsequent day following the date the fine was doubled pursuant to subsection C, the violator shall pay interest at the rate of 10% per day or fraction thereof, on the amount of the total fine and penalty.
E. 
In the event that the violator requests an administrative hearing pursuant to Section 1.16.090, the accrual of the late penalty and interest will be stayed, pending a decision by the Hearing Officer. The accrual of the late penalty and interest will resume if the Hearing Officer issues a final decision upholding the administrative citation, and shall be assessed if the fine remains unpaid 60 days after the Hearing Officer's final decision.
(Ord. 269 § 1, 2014)
A. 
A violator may contest an administrative citation on the grounds that there was no violation of the code, that he or she is not the responsible person, or the violation was corrected within the provided compliance period, by completing a notice of appeal found on the back of the administrative citation. The notice of appeal must be filed with the City Clerk within 15 calendar days from the date of service of the administrative citation. The notice of appeal must include any evidence supporting the appeal, and any appeal shall be limited to such written grounds.
B. 
Payment of a hearing fee, which may be established by City Council resolution, must be deposited with the notice of appeal filed pursuant to this section, along with the full amount of the administrative citation fine being appealed. Any hearing fee shall not exceed the reasonable cost to the City of a hearing. In addition, the appellant shall be responsible for paying one-half (½) of the Hearing Officer's full fees and costs, which must also be deposited with the notice of appeal. The Hearing Officer's costs shall be based on City staff's estimate of the costs of the appeal and complexity of the hearing at the time of the filing of the notice of appeal. In the event that one-half (½) of the Hearing Officer's actual costs are less than the deposit paid, the City shall refund any excess costs to the appellant. Deposits and fees required under this section are subject to Section 1.16.100, hardship waivers.
C. 
Failure to timely and properly file a notice of appeal from an administrative citation and/or make the required monetary deposits shall constitute a waiver of all rights to an administrative hearing.
(Ord. 269 § 1, 2014)
A. 
A violator who files a notice of appeal and is financially unable to make the advance deposit of any applicable fine, hearing fee, or Hearing Officer costs may file a request for an advance deposit hardship waiver form, available from the City Clerk within 15 calendar days from the date of service of the administrative citation. The Director of Finance, with the concurrence of the City Manager, shall be authorized to establish a reasonable policy, including criteria, for determining financial ability to pay the applicable fine and appeal fee.
B. 
The requirement of depositing the full amount of the fine, hearing fee, and Hearing Officer costs shall be stayed unless or until the Director of Finance makes a determination not to issue the advance deposit hardship waiver.
C. 
The Director of Finance may waive the requirement for advance deposit only if the violator submits to the Director evidence that shows to the Director's reasonable satisfaction that such party is financially unable to deposit the total amount of the fine, hearing fee, or Hearing Officer costs in advance of the hearing.
D. 
If the Director of Finance determines not to issue an advance deposit hardship waiver, the violator shall remit the fine, hearing fee, and Hearing Officer costs to the City within five days of the date of that decision.
E. 
The Director of Finance shall list his or her reasons for granting or not granting an advance deposit hardship waiver in writing and serve it on the violator. The Director's decision shall be final.
(Ord. 269 § 1, 2014)
A. 
Hearing Officer Assignment. The City Manager shall designate a Hearing Officer to preside over administrative hearings concerning appeals of administrative citations. The Hearing Officer shall not be a City employee, and may, but need not be, a qualified attorney, qualified city manager or a hearing officer with the State Office of Administrative Hearings. The Hearing Officer shall be subject to disqualification for bias, prejudice, or material financial interest in the outcome, as provided in subsection C.
B. 
Scheduling of Hearing. The City Clerk shall forward the appeal of an administrative citation to the Hearing Officer designated pursuant to this section. The Hearing Officer so assigned shall schedule a date for hearing within 15 days after the date of referral of the appeal by the City Clerk; provided, however, that the Hearing Officer may take more than 15 calendar days if he or she reasonably determines that additional time is necessary or upon the mutual agreement of the parties. The hearing shall be held not more than 30 days from time of referral by the City Clerk to the Hearing Officer; provided, however, that the Hearing Officer may schedule the hearing more than 30 calendar days out if he or she reasonably determines that additional time is necessary or upon the mutual agreement of the parties. At least 10 days prior to the date of the hearing on the appeal, the Hearing Officer shall notify the appellant and City official of the time, date and place for the appeal hearing. To the extent that specific State or City ordinances set forth additional notice provisions, the Hearing Officer shall also comply with such provisions. In addition, the Hearing Officer may continue the hearing date from time to time as he or she determines is reasonably necessary to allow a full and fair adjudication of the issues.
C. 
Challenge to Hearing Officer. No later than five days after notice of the hearing date is sent to the appellant, the appellant may challenge the Hearing Officer's impartiality by filing a written statement with the City Manager objecting to the hearing before the Hearing Officer and setting forth the specific grounds for disqualification. General and unsupported claims of bias, prejudice, or material financial interest shall not form a basis for disqualification. The City Manager, or designee, shall issue and serve on the appellant a written decision on the question of disqualification prior to the date of the hearing specified in the notice of hearing.
D. 
Rights of Hearing Officer. The Hearing Officer is authorized to issue subpoenas, to administer oaths and to conduct the hearing on the appeal. At such hearing, the appellant and the City official may present evidence relevant to the decision of the City official. The Hearing Officer shall have authority to receive evidence and shall rule on the admissibility of evidence and on questions of law. At the hearing, any person may present evidence in opposition to or in support of appellant's case.
E. 
Recording of Appeal Hearing. All hearings shall be recorded by a video or audio device. Any party to the appeal hearing may also, at its own expense, use a court reporter to record the proceeding. If a court reporter is not used, the City will make the video or audio tapes of the hearing available to any party. The City may charge a reasonable fee for reproducing the tapes. If a court reporter is used, a party to the hearing may obtain a copy of the transcript upon payment of any applicable fees or costs charged by the court reporter. The City may destroy such tapes or transcripts following the time during which any and all appeals of the administrative citation are required to be made pursuant to this chapter or following the time during which such tapes or transcripts are required to be retained by the City pursuant to State law, whichever is later.
F. 
Evidentiary Rules. The hearing need not be conducted in accordance with the technical rules of evidence. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross-examine opposing witnesses who have testified under direct examination. The Hearing Officer may call and examine any witness. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in a civil action. The rules of privilege are applicable to the extent they are permitted in civil actions. Any relevant evidence may be admitted if it is the type on which reasonable persons are accustomed to rely in the conduct of their affairs, regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Oral evidence may be taken on oath or affirmation. Irrelevant collateral, undue or repetitious evidence shall be excluded.
G. 
Hearing Officer Decision. At the conclusion of the hearing, the Hearing Officer may uphold, modify or reverse, in any manner he or she deems justified pursuant to the evidence presented, the decision of the City official which is the subject of the appeal. The decision shall not, however, conflict with any substantive provisions of the applicable chapter(s) of this Code. The Hearing Officer shall, within 10 calendar days of the conclusion of the hearing, file with the City Clerk his or her written decision, along with written findings of fact and conclusions of law, and shall provide a copy of the decision to all parties; provided, however, that the Hearing Officer may take more than 10 calendar days if he or she reasonably determines that additional time is necessary or upon the mutual agreement of the parties. If any party is represented by an attorney, the attorney shall be served. The decision of the Hearing Officer is final when filed with the City Clerk. The Hearing Officer shall also submit the original copies of the record to the City Clerk.
H. 
Reversal of Cite. If the Hearing Officer reverses an administrative citation in favor of the appellant, the City shall refund the appellant's share of the Hearing Officer's costs and the deposited administrative fine amount within 30 days of the Hearing Officer's decision. As used in this section, a "reversal" of an administrative citation means the Hearing Officer has determined the administrative citation is void as against the appellant, and the appellant is not subject to any administrative citation fine.
I. 
The Hearing Officer's decision shall be final.
(Ord. 269 § 1, 2014)
A. 
A party wishing to contest the Hearing Officer's final decision may seek judicial review of the decision by filing an appeal with the Superior Court pursuant to California Government Code Section 53069.4(b). The party must serve a copy of the notice of appeal upon the City by personal service or first class mail.
B. 
No appeal is permitted from a decision on a request for an extension of the correction period specified on the administrative citation for building violations or where the violator is deemed to have abandoned the contest of the administrative citation by an unexcused nonappearance at the hearing or failure to deposit the fine.
(Ord. 269 § 1, 2014)
A. 
Administrative citation fines shall be a debt to the City and subject to all remedies for debt collection as allowed by law. The failure of the violator to pay the civil fines assessed by an administrative citation within the time specified on the citation may result in the matter being referred to the City Attorney to file a case with the appropriate court. Alternatively, the City may pursue any other legal remedy to collect the administrative fines, including, without limitation, the referral of such collection to a collection agency, or imposition of a lien or special assessment.
B. 
The City may place a lien or special assessment on property that is the subject of a citation if the citation has been issued to the current property owner of record. The person issued an administrative citation fine, or any other person with a legal or equitable interest in the property that is the subject of the administrative citation fine, may contest the imposition of a lien or special assessment for such administrative citation penalty only by seeking a hearing pursuant to Section 1.16.090, at the same time and in the same manner as a notice of appeal is filed with the City Clerk. Failure to seek such a hearing and raise the issue of the imposition of a lien or special assessment at that time shall constitute a waiver by such person of that person's right to contest the imposition of any lien and special assessment pursuant to this subsection. If an unpaid administrative citation fine has been issued and either upheld pursuant to Section 1.16.110 or, if the person issued the administrative citation penalty has failed to appeal the issuance of the administrative citation fine, the City, in addition to any other remedies it may have, may take the following actions in order to recover such unpaid delinquent administrative fines and late payment fees as a lien or special assessment on the real property that is the subject of the administrative citation, the following shall occur:
1. 
Annually, or more often as determined by the City Council, the City Council may, by ordinance or resolution, confirm the amounts of the liens and special assessments sought to be collected from each respective property.
2. 
The City Council's confirmation shall include the amounts of the administrative citation fines, any late payment fees associated therewith and any applicable interest. Upon such confirmation, the City Council shall authorize the City staff to take any further steps necessary to enforce collection of the liens and special assessments, including but not limited to the following:
a. 
Requesting the County Recorder to record a notice of any lien confirmed by the City Council against the respective property; and
b. 
Requesting the County Tax Collector on behalf of the City to collect any special assessment confirmed by the City Council.
3. 
Special Assessment. Except as provided in subsection (B)(4) of this section, the amount of the proposed lien may be collected as a special assessment at the same time and in the same manner as property taxes are collected. All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the proposed lien, including that the property subject to a special assessment may be sold after three years by the Tax Collector for unpaid delinquent assessments. However, if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of enforcement relating to the property shall be transferred to the unsecured roll for collection.
4. 
Lien. If the City Council determines that the proposed lien authorized pursuant to subsection (B)(3) of this section shall also become a lien, the City Council may also cause a notice of lien to be recorded. This lien shall attach upon recordation in the office of the Orange County Recorder and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice shall, at a minimum, identify the record owner of the property, set forth the last known address of the record owner, set forth the date upon which the lien was created against the property, and include a description of the real property subject to the lien and the amount of the lien.
(Ord. 269 § 1, 2014)
Nothing in this chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to enforce the provisions of this Code and any other ordinance of the City, or from pursuing any other legal means or remedies available to it in addition to or in lieu of the procedures set forth herein.
(Ord. 269 § 1, 2014)