Certain provisions of this code, specifically designated in this chapter, may be enforced through the use of administrative citations and penalties as provided for in this chapter. Use of the provisions of this chapter shall not prevent the use of other methods of enforcement or abatement as provided by this code, including but not limited to criminal and civil actions.
(Ord. 324 § 1, 2008)
For the purposes of this chapter, the following definitions shall apply:
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/or a person who is a lessee or sub-lessee 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 who normally works daily at the site when the business is open and is responsible for the activities on such premises.
For the purposes of this definition, "person" means and includes a natural person or legal entity and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.
"Department director"
means the environmental and community development director and/or his or her designee.
"Enforcement officer"
means any deputy sheriff or city employee or agent of the city designated by the director of any city department who has the authority and responsibility to enforce the provisions of this code as provided for herein.
"Legal interest"
means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is recorded with the county recorder.
(Ord. 324 § 1, 2008)
The procedures established in this chapter may be in addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of the municipal code. Issuance of an administrative citation shall not be deemed a waiver of any other remedies authorized by law.
(Ord. 324 § 1, 2008)
A. 
In addition to any criminal, civil or other legal remedy established by this code or other law that may be pursued to address violations of the municipal code or the City's Local Coastal Program Local Implementation Plan, violation of the City's Local Coastal Program Local Implementation Plan (or any condition of any permit or license approved pursuant to any provision of the City's Local Coastal Program Local Implementation Plan) to the extent allowed by law, and the violations described in the municipal code titles, chapters and sections listed below are subject to the administrative penalty procedures and other provisions of this chapter:
1. 
Chapter 5.04: Business Licenses Generally;
2. 
Chapter 5.20: Motion Pictures, Television and Photographic Productions;
3. 
Chapter 5.46: Prohibition of Price Gouging;
4. 
Chapter 8.04: Health Code Adopted;
5. 
Chapter 8.12: Fire Code Adopted;
6. 
Chapter 8.24: Noise;
7. 
Chapter 8.32: Solid Waste and Recyclable Materials;
8. 
Chapter 9.08: Offenses Against Property;
9. 
Chapter 9.20: Water Conservation;
10. 
Chapter 9.24: Ban on Expanded Polystyrene Food Packaging;
11. 
Chapter 9.28: Ban on Plastic Shopping Bags;
12. 
Chapter 9.33: Share On-Demand Personal Mobility Devices;
13. 
Chapter 9.38: Valet Attendant Safety Requirements;
14. 
Chapter 9.40: Ban of On-Site Self-Regenerating Water Softeners and Regulating Previously Installed Self-Regenerating Water Softeners;
15. 
Chapter 10.18: Oversize Vehicles;
16. 
Chapter 12.02: Wireless Facilities in Public Rights-of-Way;
17. 
Chapter 13.04: Storm Water Management and Discharge Control;
18. 
Chapter 13.60: Recycled Water Requirements;
19. 
Chapter 15.04: Building Code Adopted;
20. 
Chapter 15.08: Electrical Code Adopted;
21. 
Chapter 15.12: Plumbing Code Adopted;
22. 
Chapter 15.16: Mechanical Code Adopted;
23. 
Title 17: Zoning.
B. 
Any person who violates or fails to comply with the provisions set forth in subsection A of this section and who possesses no photo identification or refuses to identify him or herself to an enforcement officer, making it impossible to issue an administrative citation, shall be guilty of a misdemeanor.
(Ord. 477 §2, 2021; Ord. 477U § 2, 2020; Ord. 453 § 4, 2019; Ord. 451 § 3, 2019; Ord. 448 § 2, 2019; Ord. 446 § 3, 2019; Ord. 444U § 2, 2019; Ord. 427 § 3, 2017; Ord. 407 § 2, 2016; Ord. 324 § 1, 2008)
A. 
Any responsible person who receives an administrative citation shall be subject to the payment of fines as set out in the penalty schedule for administrative fines as adopted by resolution of the city council. An administrative penalty shall be assessed by means of an administrative citation issued by an enforcement officer, and shall be payable directly to the city. Penalties shall be collected in accordance with the procedures specified in this chapter. Payment of a penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city. In the case of violations of the building, plumbing, mechanical or electrical codes which do not pose an imminent threat to health and safety, an administrative citation shall not be issued until after the responsible party has been provided notice and a reasonable opportunity to correct the violation, and has failed to do so.
B. 
Failure of any person to pay the fines assessed by an administrative citation may result in the matter being referred for collection which may include, but is not limited to, the filing of a small claims court action.
(Ord. 324 § 1, 2008)
Each administrative citation shall contain the following information:
A. 
Date, approximate time, and address or definite description of the location where the violation(s) was observed;
B. 
The code sections or conditions violated and a description of the violation(s);
C. 
The amount of the fine for the violation(s);
D. 
An explanation of how the fine shall be paid and the time period by which it shall be paid;
E. 
Identification of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;
F. 
The name and signature of the enforcement officer issuing the citation;
G. 
If the violation is one which is continuing, an order to correct the violation, the actions needed to correct the violation, and an explanation of the consequences for failing to correct the violation;
H. 
Notification that payment of a fine under this chapter does not excuse or discharge any continued or repeated occurrence of the code violation that is the subject of the administrative citation; and
I. 
The name and address of the responsible person, and a signature line so that the responsible person may acknowledge receipt of the citation.
(Ord. 324 § 1, 2008)
The following procedures shall be used in serving administrative citations:
A. 
Personal Service. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.
B. 
Service of Citation by Mail. If the enforcement officer is unable to locate the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned.
C. 
By Posting on Property. If the enforcement officer is unable to serve the citation under subsection A or B of this section, a copy of the citation may be posted on any real property within the city in which the city has knowledge that the responsible party has a legal interest. Service under this subsection shall be deemed effective on the date when the notice is posted.
D. 
By Publication. If the enforcement officer cannot serve the citation by any of the preceding methods, the citation may be published in a newspaper of general circulation in the city. The publication shall be once a week for four successive weeks in a newspaper published at least once a week.
(Ord. 324 § 1, 2008)
Upon receipt of a citation, the responsible person must do one of the following:
A. 
Pay the Fine. Pay the fine to the city within 30 days from the date of the citation. All fines assessed shall be payable to the city of Malibu. Payment of a fine shall not excuse or discharge a failure to correct continuing violations nor shall it bar further enforcement action by the city. Payment of the fine, in the absence of a timely request for a hearing pursuant to Section 1.10.090, waives the responsible party's right to the administrative hearing and appeal process;
B. 
Remedy the Violation. If the violation is of a nature that it can be remedied and is deemed by the enforcement officer to not create an immediate danger to health and safety and was corrected within the time given, no fine shall be imposed; or
C. 
File an Appeal. Appeals shall be filed in accordance with the time limits and other provisions of Section 1.10.090.
In the event the responsible party fails or refuses to select and satisfy any of the alternatives set forth above, then the penalty shall be immediately due and owing to the city and may be collected in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquent penalty shall not preclude issuance of additional citations to the responsible party should the violation(s) persist.
(Ord. 324 §1, 2008)
A. 
Time to File an Appeal. Any responsible person to whom an administrative citation is issued may choose to contest the citation by requesting an administrative hearing within 30 days of service of the citation. In order to request a hearing, the responsible person shall submit in the manner directed on the citation a fully completed request for administrative hearing form along with either a deposit of the full amount of the administrative fine (by way of check or money order) or a notice that an advance deposit hardship waiver request has been filed pursuant to subsection B of this section. The request for hearing shall be incomplete if it does not include the deposit in the full amount of the fine or the request for a hardship waiver. The deposit will be retained in a noninterest bearing account until the matter is resolved. If a timely and complete request for hearing is not submitted, the citation shall be deemed final, and the fine shall be immediately due and owing to the city and may be collected in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquent fine shall not preclude issuance of additional citations to the responsible party should the violation(s) persist.
B. 
Hardship Waiver. Any responsible person who requests a hearing to contest an administrative citation and who is financially unable to deposit the administrative fine as required in subsection A of this section may file a request for an advance deposit hardship waiver. The request shall be filed with the environmental and community development department on an advance deposit hardship waiver application form, available from the department, no later than 10 days after service of the administrative citation. The city manager or his or her designee may issue an advance deposit hardship waiver only if the person requesting the waiver submits to the city manager or his or her designee a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the city manager or his or her designee the person's financial inability to deposit with the city the full amount of the fine in advance of the hearing. Written proof of financial hardship, at a minimum must include tax returns, financial statements, bank account records, salary records or similar documentation demonstrating that the responsible person is unable to deposit the penalty. The city manager or his or her designee shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be final, and shall be served upon the person requesting the waiver by certified mail postage pre-paid return receipt requested and first class mail. If the city manager or his or her designee determines that the waiver is not warranted, the person shall remit the full amount of the fine as a deposit within 10 days of mailing of the decision. If the full amount of the fine is not deposited within the 10 day period, the request for hearing shall be deemed incomplete and waived, and the citation shall be deemed final. The fine shall be immediately due and owing to the city and may be collected in any manner allowed by law for collection of a debt.
C. 
Dismissal of Citation. The city manager may dismiss an administrative citation at any time if it is determined to have been issued in error, in which event any deposit made shall be refunded.
D. 
Hearing Procedure.
1. 
The city manager shall designate the hearing officer for the administrative citation hearing.
2. 
After receipt of the request for administrative hearing and fine deposit (or, if applicable, approval of a hardship waiver) a hearing before the hearing officer shall be set for a date that is not less than 15 and not more than 60 days from the date that the request for administrative hearing is filed in accordance with the provisions of this section. The person requesting the hearing shall be notified of the time and place set for the hearing by first class mail at least 10 days prior to the date of the hearing. The responsible person may request one continuance of the hearing, but in no event may the hearing begin later than 90 days after receipt of the request for hearing from the responsible person. The responsible person may attend the hearing in person or, in lieu of attending, may submit written argument and documentation under penalty of perjury prior to the time scheduled for the hearing.
3. 
Any documentation, other than the administrative citation, which the enforcement official has submitted or will submit to the hearing officer, shall be sent to the person requesting the hearing by regular first class mail at least five days before the date on which the hearing is scheduled. The documentation shall also be made available upon request at the time of the hearing.
4. 
If the responsible person fails to attend the hearing or fails to submit arguments in writing, the administrative hearing officer will render a decision based on the documents that have been received and the responsible person will be deemed to have waived his or her right to an administrative hearing. Under those circumstances, the administrative hearing officer may request additional information from either the responsible person or the enforcement official as may be necessary to render a decision. If service of the administrative hearing is made by posting the citation on real property in which the responsible person has a legal interest, and the responsible person provides verifiable and substantial evidence that removal of the administrative citation from the property by a third party caused the responsible person's failure to attend the scheduled hearing, the responsible person shall be entitled to an administrative hearing.
5. 
The hearing officer shall only consider evidence that is relevant to whether the violation occurred and whether the responsible person has caused or maintained the violation of the municipal code on the date(s) specified in the administrative citation.
6. 
Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The city bears the burden of proving a violation of the code by a preponderance of the evidence. The administrative citation and any additional reports submitted by the enforcement official shall constitute prima facie evidence of the facts contained in those documents.
7. 
The hearing officer may continue the hearing and request additional information from the issuing officer/employee or the recipient of the administrative citation prior to issuing a written decision.
E. 
Hearing Officer's Decision. At the conclusion of the hearing or within 15 days thereafter, the administrative hearing officer shall render a decision as follows:
1. 
Determine that the violation for which the citation was issued occurred, and impose a fine in the amount set forth in the fine and penalty schedule, and if the violation has not been corrected as of the date of the hearing, order correction or abatement of the violation. In this event, the city shall retain the fine deposited by the responsible person.
2. 
Determine that the violation for which the citation was issued occurred, but that the responsible party has introduced credible evidence of mitigating circumstances warranting imposition of a lesser fine than that prescribed in the fine and penalty schedule, or no fine at all, and impose such lesser fine, if any; and if the violation has not been corrected as of the date of the hearing, order correction or abatement of the violation. In this event, the city shall retain all or a portion of the fine deposited by the responsible person as applicable.
3. 
Determine that the violation for which the citation was issued did not occur or that the condition did not constitute a violation of the municipal code, or that the person cited was not the responsible party. In this event, the city shall refund the deposit, if any, within 15 days of the decision.
The administrative hearing officer's decision shall be in writing, shall explain the basis for the decision, and shall be served upon the responsible party by first class mail, to the address stated on the request for hearing form. If applicable, the order shall set forth the date by which compliance shall be achieved and the imposed fine paid to the city. The order shall be final on the date of mailing, which shall be deemed the "date of service," and shall notify the responsible person of the right to appeal to the Superior Court, as further described in Section 1.10.100.
(Ord. 324 § 1, 2008)
Within 20 days after service of the decision of the administrative hearing officer upon the responsible person, he or she may seek review of the decision by filing a notice of appeal with the Superior Court. The responsible person shall serve upon the city clerk, either in person or by first class mail, a copy of the notice of appeal. If the responsible person fails to timely file a notice of appeal, the administrative hearing officer's decision shall be deemed final.
(Ord. 324 § 1, 2008)
In the absence of a timely appeal to the Superior Court, failure to comply with a final administrative order directing the abatement of a continuing violation by the date specified in the order is a misdemeanor offense for each day thereafter, or any portion thereof, that the violation is maintained or permitted. In the event of a timely appeal to the Superior Court pursuant to this section, and provided the city prevails thereon, the responsible person shall be guilty of a misdemeanor offense for each day, or any portion thereof, that a continuing violation is maintained or permitted after a court ordered abatement date. Filing a misdemeanor action does not preclude the city from pursuing any other remedies to gain compliance provided in this code or under state law. For purposes of this chapter, a "continuing violation" shall mean a single, ongoing condition or activity in violation of the municipal code.
(Ord. 324 § 1, 2008)
In addition to any other legal remedy, the city may place a lien on property owned by the citee in an amount equal to the sum of the fines delinquent for more than 90 days, plus penalties and interest. Imposition of a lien must stem from a citation for the condition or use of real property, or any improvement thereon, that is owned by the citee.
(Ord. 324 § 1, 2008)
A. 
The city manager may initiate proceedings to record a lien conforming with this chapter if the decision is not appealed.
B. 
Before recording the lien, the department director must submit a report to the city manager, or designee, stating the amounts due and owing.
C. 
The department director then contacts the city clerk who fixes a time, date, and place for the city council to consider the report and any protests or objections to it.
D. 
The department director must serve the citee with a hearing notice not less than 10 days before the hearing date. The notice must set forth the amount of the delinquent administrative fine, and any penalties and interest that is due. Notice must be delivered first class mail, postage prepaid, addressed to each citee's address as it appears on the last equalized assessment roll or supplemental roll of the county of Los Angeles, whichever is more current. Service by mail is effective on the date of mailing and failure of citee to actually receive notice does not affect its validity.
E. 
At the conclusion of the hearing, the city council will adopt a resolution confirming, discharging, or modifying the lien amount.
(Ord. 324 § 1, 2008)
Following the city council's adoption of a resolution imposing a lien, the department director will file same as a nuisance abatement lien in the Los Angeles County recorder's office. Prior to recordation of the lien, the city shall give notice to the owner of record of the subject parcel in the manner required by Government Code Section 38773.1(b).
(Ord. 324 § 1, 2008)
Each citee against whose property an assessment is levied pursuant to this chapter will also be assessed an administrative fee in an amount established by city council resolution based on the costs incurred in levying the assessment. The administrative fee will be included in the lien amount approved by the city council and recorded against the citee's property.
(Ord. 324 § 1, 2008)
Once the city receives full payment for outstanding principal, penalties, and costs, the department director will either record a notice of satisfaction or provide the citee with a notice of satisfaction for recordation at the Los Angeles County recorder's office. This notice of satisfaction will cancel the city's lien.
(Ord. 324 § 1, 2008)