(a)
Use
of this chapter shall be at the sole discretion of the City and is
one remedy that the City has to address violations of the Code, as
defined in this chapter. By adopting this chapter, the City does not
intend to limit its discretion or ability to utilize any criminal,
civil or other remedies, or any combination thereof, to address any
violations of the City’s laws and regulations.
(b)
This
chapter makes any violation of the provisions of the San Juan Capistrano
Municipal Code and other regulations subject to civil fines.
(c)
This
chapter establishes the administrative procedures for the imposition,
enforcement, collection and administrative review of civil fines pursuant
to Government Code Section 53069.4.
(d)
An
administrative fine shall be imposed by means of an administrative
citation issued by an Enforcement Officer and shall be paid directly
to the City of San Juan Capistrano. Payment of a fine shall not excuse
a failure to correct a violation nor shall it bar further enforcement
action by the City.
(Ord. No. 948, § 2, 11-18-2008)
As used in this chapter, the following words are defined as
follows:
means an administrative citation that is issued to a responsible
person pursuant to this chapter.
means a responsible person to whom a citation is issued.
means the City of San Juan Capistrano, California.
is the monetary sanction established by resolution of the
City Council that is imposed by a citation.
means and includes:
The entire San Juan Capistrano Municipal Code and all Orange
County and State codes incorporated therein by adoption or reference;
Any condition imposed upon any entitlement, permit, approval
or license;
Any uncodified ordinance adopted by the San Juan Capistrano
City Council; and
All other State laws applicable to conduct or land use in the
City of San Juan Capistrano.
means the Community Development Director of the City of San
Juan Capistrano or his/her designee.
means any peace officer, officer, agent or employee of the City designated by the City Manager to have the authority and responsibility to enforce certain provisions of this Code pursuant to Section 1-5.01 of this Code. This official may also be referred to as an “Officer.”
means a person, agency or body designated by the City to
consider all timely requests for an administrative hearing upon issuance
of a citation.
means a written notice to a responsible person that a violation
of this Code has occurred. This notice may include a warning that
an administrative citation assessing fines may be issued unless the
violation is terminated or abated.
means and includes any person having legal title to, or who
leases, rents, occupies or has charge, control or possession of, or
responsibility for, any real property in the City, including all persons
identified as owners on the last equalized assessment roll of the
Orange County assessor’s office. An owner of personal property
or animals shall be any person who has legal title, charge, control
or possession of, or responsibility for, property. An owner may include
an agent, manager or representative thereof.
means and includes any individual, partnership of any kind,
a corporation of any kind, limited liability company, association,
joint venture or other organization or entity, however formed, as
well as fiduciaries, trustees, heirs, executors, administrators, or
assigns, or any combination of such persons. “Person”
also includes any public entity or agency that acts as an owner in
the City.
means any real property, or improvements thereon, or portions
thereof, as the case may be. “Property” includes any parkway
or unimproved public easement abutting such real property. “Property”
shall also include all forms of personal property or animals, where
applicable.
means any person, whether as an owner, or otherwise, that
allows, causes, creates, maintains, or permits a violation of the
Code to exist or continue, by any act or the omission of any act or
duty.
means an act or omission of any act, or use or condition
that constitutes an offense of the Code, as well as a breach or violation
of any condition of a permit, approval or license issued pursuant
to the Code. A “transient” violation is one that is brief
or spontaneous in its commission, or that is not typically confined
to a fixed location. A “nontransient” violation is continuing
in nature and generally present at one location.
(Ord. No. 948, § 2, 2008; Ord. No. 983, § 3, 2011)
This chapter provides for imposition of a civil fine pursuant
to a citation for any violation of the Code, as well as for a breach
or violation of any condition of a permit, approval or license issued
pursuant to the Code. This remedy may be utilized in place of, or
in addition to, any other remedy allowed by the Code or State law.
The Director shall have sole discretion to utilize any remedy or remedies
as authorized by law.
(Ord. No. 948, § 2, 2008)
(a)
When
an Enforcement Officer determines that a responsible person has committed
a violation of the Code, the Officer may first issue a notice of violation.
The Officer may then issue a citation if complete abatement of the
violation does not occur in a reasonable period as required by the
Officer in the notice. The Director may give a responsible person
an extension under a notice of violation if substantial progress,
as determined by the Director, is made in abating the violation in
the period stated in the notice, or when the Director determines that
mitigating or extenuating factors are present that merit an extension
of a correction period in a notice of violation.
(b)
The
Enforcement Officer may, notwithstanding the foregoing subpart, elect
to issue a citation without a prior notice of violation if the responsible
person is a chronic or repeat offender of the Code, or when the violation
is transient in nature, or when the violation presents an immediate
danger to health or safety, or is otherwise a serious or substantial
detriment to public welfare.
(Ord. No. 948, § 2, 2008)
(a)
Whenever
an Enforcement Officer determines that a violation of the Code has
occurred, the Officer may issue a citation on a form approved by the
City Attorney imposing a civil fine or fines to the responsible person(s)
in accordance with the provision of this chapter.
(b)
When
the violation pertains to building, plumbing, electrical, or other
similar structural or zoning issues that creates an immediate danger
to health or safety, a citation may be issued forthwith. In the absence
of an immediate danger, a citation for such a violation shall not
be issued pursuant to this chapter unless the responsible person has
first been provided with a reasonable period, as determined by the
Officer, in which to complete the abatement or compliance actions.
(c)
An
Enforcement Officer may issue a citation for a violation not committed
in the Officer’s presence if the Officer has determined, through
investigation, that the citee did commit, or is otherwise responsible
for, the violation.
(d)
Each
day that a prohibited condition, use or activity under the Code is
committed, continued or permitted, shall be a separate violation for
which a citation may be issued. A citation may charge several violations
of the Code.
(e)
Each
citation shall contain the following information:
(1)
Name and mailing address of the responsible person;
(2)
The address or description of the location of the violation;
(3)
The date of commission of the violation(s) or detection thereof by
an Enforcement Officer;
(4)
The Code ordinance section(s) violated;
(5)
A description of the violation(s);
(6)
Amount of the fine for each violation, and the procedure and place
to pay the fine(s), and any late charge(s), if not timely paid;
(7)
When appropriate, the action(s) required to correct the violation(s),
and, if applicable, any deadlines or time limitations for commencing
and completing such action(s);
(8)
A description of the citation review process and the manner by which
a hearing on a citation may be obtained (including the form to be
used and the period in which a request must be made in order to be
timely);
(9)
The name and signature of the Officer, and the signature of the citee,
if he or she is physically present and will sign the citation at the
time of its issuance. The refusal of a citee to sign a citation shall
not affect its validity or any related subsequent proceeding, nor
shall signing a citation constitute an admission that a person has
committed a violation of the Code;
(10)
Any other information deemed necessary by the director.
(Ord. No. 948, § 2, 2008)
(a)
A citation
may be served either by personal delivery to the citee or by first
class mail through the United States Postal Service. If served by
first class mail, the citation shall be sealed in an envelope with
postage prepaid and addressed to the citee at his or her last-known
business or residence address as the same appears in public records
of the City. Service by mail shall be deemed to have been completed
on the date of deposit with the United States Postal Service. The
date of personal service or the date a citation is deposited with
the U.S. Postal Service shall constitute the issuance date of a citation.
(b)
If
an agent, manager or representative of a responsible person is personally
served with a citation, a copy thereof shall also be served by first
class mail to the responsible person at his/her last-known business
or residence address as the same appears in public records of the
City. In such instances, the date a copy of the citation is deposited
with the U.S. Postal Service shall constitute the issuance date of
a citation.
(c)
If
service cannot be accomplished personally or by mail for citations
involving a real property-related violation of the Code, the Officer
shall post the citation on such real property in the City in which
the citee is known to have a legal interest in, or possession, dominion
and control of, such property, or a portion thereof. The date of posting
shall constitute the issuance date of a citation.
(d)
Any
notice or order given pursuant to any provision of this chapter shall
be served in the manner provided for in this section, unless otherwise
stated.
(e)
Failure
of a citee to receive a citation or notice by mail, shall not invalidate
any fine, late charge, action or proceeding, if service was given
in a manner stated in this section.
(Ord. No. 948, § 2, 2008)
(a)
The
amounts of the fines imposed pursuant to this chapter shall be set
forth in a schedule of fines established by resolution of the City
Council. The City Council may, by resolution, also impose escalating
fines in amounts it deems appropriate for repeat offenses in a 12
month period that are classified as misdemeanors under the Code. The
amounts of fines may be modified from time to time by a resolution
of the City Council.
(b)
If a violation is classified as an infraction under the Code, the civil fine shall not exceed $100 for a first offense, $200 for a second offense within one year, and $500 for a third, and subsequent offense within one year as set forth in subsection (b) of Section 36900 of the California Government Code. The amounts of such fines may be modified from time to time by a resolution of the City Council provided they do not exceed the limits allowed by State law. If a violation is classified as a misdemeanor under the Code, or if such violation may be prosecuted as either a misdemeanor or an infraction, it shall be within the discretion of the City to impose a civil fine under this chapter in an amount not to exceed $1,000 per violation.
(c)
Failure
to pay a civil fine within the period required from the issuance date
of a citation shall result in a late charge as established by a resolution
of the City Council. The amount of a late charge may be modified from
time to time by a resolution of the City Council.
(d)
Civil
fines and any late charges due shall be paid to the City at such location
or address as stated in the citation, or as may otherwise be designated
by the Director.
(e)
The
due date for the City’s receipt of a civil fine shall be 30
calendar days from the issuance date of a citation. Thereafter, a
late charge shall be due and owing.
(f)
Payment
of a civil fine shall not excuse or discharge a citee from the duty
to immediately abate a violation of the Code, nor from any other responsibility
or legal consequences for a continuation or repeated occurrence(s)
of a violation of the Code.
(g)
Abatement
of a violation shall not excuse the obligation of a citee to pay a
civil fine, or any late charge.
(h)
Unpaid
civil fines and/or late charges shall constitute a debt that may be
collected in any manner allowed by law. The City shall be entitled
to recover its attorney fees and costs arising from an action to collect
a civil fine and/or late charge if it is the prevailing party and
provided it made the election to seek attorney fees at the commencement
of the action. A citee shall be entitled to recover his/her attorney
fees if the City made the election to seek attorney fees at the outset
of the action and the citee prevails thereon.
(Ord. No. 1025, § 3, 2015)
(a)
Any
citee may contest the violation(s), or that he or she is a responsible
person, by filing a request for an administrative hearing with the
Office of the City Clerk. The request for an administrative hearing
shall be made on a City-approved form and filed within 15 calendar
days from the issuance date of a citation. If the Office of the City
Clerk does not receive the request in the required period, the citee
shall have waived the right to a hearing and the citation and fine
shall be deemed final.
(b)
No
fee shall be charged for the filing of a request for a hearing.
(c)
Advanced
deposit of fine.
(1)
Requests for a hearing shall be accompanied by the entire amount
of the fine stated in the citation. Failure to deposit a fine, or
the tender of a nonnegotiable check in the required period, shall
render a request for an administrative hearing incomplete and untimely.
(2)
Fines that are deposited with the City shall not accrue interest.
(3)
Fines deposited shall be returned to the person tendering the fines
within 30 days in the event a citation is overturned.
(d)
Waiver
of advanced deposit of fine.
(1)
A citee who is financially unable to deposit the civil fine with
his or her request for a hearing may complete a City-approved application
form for an advance deposit hardship waiver (hereafter the “hardship
waiver”). This form and all required accompanying records, shall
be tendered, along with a request for a hearing, to the office of
the City Clerk within 15 calendar days from the issuance date of a
citation.
(2)
To be considered for a hardship waiver, the application form must
be complete, signed, and must be accompanied by documents that enable
the City to reasonably determine the citee’s present inability
to deposit the fine. Documents suitable for consideration, may include,
without limitation, accurate, complete and legible copies of State
and Federal income tax returns and all schedules for the preceding
tax year; financial statements, loan applications, bank account records,
income and expense records for 12 months preceding submittal of the
waiver form, as well as other documentation demonstrating the citee’s
financial hardship. The City may, at a time chosen in its sole discretion
and after a citation is final or confirmed, destroy or discard the
documents submitted by a citee for a hardship waiver without prior
notice to the citee.
(3)
Failure to submit a completed, signed hardship waiver form, along
with records that support a claim of financial hardship, shall render
the request for hearing incomplete and untimely. In this event, the
citee shall have waived the right to a hearing and the citation shall
be deemed final.
(4)
The City shall issue a written decision specifying the reasons for
issuing or not issuing the hardship waiver. This decision is final
and nonappealable. The decision shall be served upon the person requesting
the hardship waiver by first class mail.
(5)
Approval of a hardship waiver shall result in the City setting a
hearing pursuant to this section.
(6)
If the City determines that the citee is not entitled to a hardship
waiver, he or she shall tender the full amount of the civil fine to
the office of the City Clerk within seven calendar days of the date
the decision is deposited with the U.S. Postal Service. In the event
the City Clerk does not receive the full amount of the fine in the
required period: (i) a late charge shall be imposed; (ii) the request
for a hearing is rendered incomplete and untimely; and (iii) the citee
shall have waived the right to a hearing and the citation shall be
deemed final.
(f)
The
person filing the request for a hearing shall be notified in writing
by certified mail of the date, time and place set for this proceeding
which shall be conducted within 60 days of the date a timely and complete
request is received by the office of the City Clerk. Such notice shall
be given at least 10 calendar days prior to the date of the hearing.
Service of this notice is deemed complete at time of mailing. The
failure of a citee to receive a properly addressed notice shall not
invalidate the citation or any hearing, City action or proceeding
conducted pursuant to this chapter.
(g)
If
the office submits an additional written report concerning the citation
to the office of the City Clerk for consideration at the hearing,
then a copy of this report shall also be served by first class mail
on the person requesting an administrative hearing no less than three
calendar days prior to the date thereof. Failure to receive such report
shall not invalidate the citation or any hearing, City action or proceeding
conducted pursuant to this chapter.
(h)
A timely
request for a hearing shall not excuse a citee from the duty to immediately
abate a violation of the Code, nor from any other responsibility or
legal consequences for a continuation or repeated occurrence(s) of
a violation of the Code.
(Ord. No. 948, § 2, 2008)
(a)
The
City Manager shall designate or appoint, in accordance with applicable
law, a Hearing Officer. The employment, performance evaluation, compensation,
and benefits of the Hearing Officer, if any, shall not be directly
or indirectly conditioned upon the amount of administrative citation
fines upheld by the Hearing Officer.
(b)
Administrative
hearings are informal and rules of evidence and discovery do not apply.
The City bears the burden of proof to establish a violation and responsibility
thereof by a preponderance of evidence. The citation is prima facie
evidence of the violation, however, the Officer who issued the citation
is not required to attend or participate at the hearing. The citee(s),
owner, or responsible person and Officer, if present, shall have an
opportunity to testify, present witnesses and evidence and to cross-examine
witnesses presented by the City in support of the administrative citation.
A citee, owner, or responsible person may bring an interpreter to
the hearing provided there is no expense to the City thereof. The
Hearing Officer may question any person who presents evidence or who
testifies at the hearing. The Hearing Officer shall only consider
evidence that is relevant to whether the violation(s) occurred and
whether the citee, owner, or responsible person has caused or maintained
the violation(s).
(c)
A citee,
owner or responsible person may appear at the hearing in person or
by written declaration executed under penalty of perjury. Such declaration
and any documents in support thereof shall be tendered to and received
by the Office of the City Clerk at least five City business days prior
to the hearing. If the citee, owner or responsible person fails to
attend the scheduled hearing or does not submit a written declaration
in a timely manner, he or she shall be deemed to have waived the right
to a hearing. In such an instance, the Hearing Officer shall cancel
the hearing and not render a decision. In such instances, the citation
shall be deemed final.
(d)
Hearings
may be continued once at the request of a citee, owner or responsible
person or the Officer who issued the citation. The Hearing Officer
may also continue the hearing for cause.
(Ord. No. 948, § 2, 2008)
(a)
After
considering all of the testimony and evidence submitted at the hearing,
the Hearing Officer shall issue an administrative order at the conclusion
of the hearing or within 15 days to uphold or over-turn the citation
and shall state the reasons thereof. If the citation is upheld and
the violation has not been fully corrected as of the date of the hearing,
the Hearing Officer shall order correction thereof in the decision
and state deadline(s) to complete such action(s). The decision of
the Hearing Officer shall be final. All fines become immediately due
and owing to the City in the full amount and if not paid may be collected
as provided in this chapter. Failure to comply with an administrative
order directing the abatement of a continuing violation will result
in a criminal misdemeanor complaint to be filed or other legal remedy
available to gain compliance with the administrative order.
(b)
The
citee(s) shall be served by first class mail with a copy of the administrative
order. The date the decision is deposited with the U.S. Postal Service
shall constitute the date of its service. The failure of a citee to
receive a properly addressed decision shall not invalidate the citation
or any hearing, City action or proceeding conducted pursuant to this
chapter.
(c)
Decisions
of the Hearing Officer are, in accordance with Government Code Section
53069.4(b), appealable to the Superior Court within 20 days after
the date of their service. Each decision shall contain a statement
advising the citee(s) of this appeal right and the procedures and
court filing fee for its exercise. A citee shall serve a copy of the
court-filed notice of appeal on the Office of the City Clerk by personal
service or first class mail within five calendar days of filing the
original thereof.
(d)
If
a Hearing Officer’s decision is not appealed in a timely manner,
the decision shall be deemed confirmed.
(e)
The
Superior Court is the sole reviewing authority and an appeal from
a Hearing Officer’s decision is not appealable to the City Council.
If a responsible person prevails on appeal, the City shall reimburse
his or her filing fee, as well as the fine deposit in accordance with
the court judgment. These monies shall be mailed to the responsible
person within 30 calendar days of the City’s receipt of a notice
of judgment or ruling from the Superior Court Clerk.
(Ord. No. 948, § 2, 2008)
(a)
The
City may use all available legal means to collect past due fines and
other related costs.
(b)
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 to
obtain payment of the delinquent amount, including, but not limited
to, administrative costs, collection costs, and attorneys’ fees.
(c)
Collection
costs shall be in addition to any penalties, interest and late charges
imposed upon the delinquent obligation.
(d)
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 persist after the date for correcting
them as stated in the administrative order.
(Ord. No. 948, § 2, 2008)
Whenever the responsible person is a person under the age of
18, the Enforcement Officer shall provide copies of all notices and
orders specified in this chapter to the parent(s) and/or legal guardian(s)
of the responsible person. Any fine levied pursuant to this chapter
many be levied against the juvenile and the parent(s) and/or legal
guardian(s) of the juvenile. The parent(s) and/or legal guardian(s)
shall have the right to a hearing and judicial review as set forth
in this chapter.
(Ord. No. 948, § 2, 2008)
The identity of any person making a complaint to the City concerning
a violation of the Code or other applicable laws shall remain confidential
to the fullest extent allowed by law. However, no enforcement action
shall be taken beyond issuance of a notice of violation unless: (1)
the complainant agrees to be identified upon request of the citee,
owner or responsible person; or (2) the Enforcement Officer has developed
sufficient independent evidence to proceed with a citation.
(Ord. No. 948, § 2, 2008)
(a)
Failure
of a citee to comply with a corrective action stated in any uncontested
citation, or with regard to a correction order in any Hearing Officer
decision that is deemed confirmed, shall constitute a misdemeanor.
(b)
Any
person having a record of noncompliance with corrective action or
nonpayment of fine(s) may be required to post security in the form
acceptable to the City Attorney to ensure compliance with the Code
as a condition to the issuance of any entitlement, permit, approval
or license.
(c)
The
Director may dismiss a citation at any time if a determination is
made that it was issued in error, in which event any deposit of a
fine shall be refunded. Notice of such action shall be given to the
citee in writing.
(d)
The
Director is authorized to promulgate procedural rules and regulations
governing the civil administrative citation and hearing process consistent
with this chapter and applicable law.
(Ord. No. 948, § 2, 2008)
