Chapter 5 ADMINISTRATIVE CITATIONS

This chapter provides for administrative citations, as authorized by California Government Code Section 53069.4, which are in addition to all other legal remedies, criminal or civil, that may be pursued by the City to address certain violations of the Huntington Park Municipal Code. Application of the provisions of this chapter shall be at the sole discretion of the City.

Sections of the Huntington Park Municipal Code subject to the provisions of this chapter shall be designated by resolution of the City Council.

§ 1-5.03 Issuance of administrative citation.

The City Manager is authorized to promulgate procedural rules and regulations governing the administration of this chapter.

(§ 1, Ord. 696-NS, eff. March 3, 2003)

Whenever an enforcement officer charged with enforcement authority of this chapter determines that a violation subject to this chapter has occurred, the enforcement officer may issue an administrative citation to any person allowing, causing, committing, continuing, permitting or maintaining such violation.

When the violation pertains to building, plumbing, electrical or other similar structural or zoning issues that create an immediate danger to health, safety, or the welfare of the community, a citation may be issued forthwith.

§ 1-5.04 Service of administrative citations.

Each administrative citation shall contain the following information:

(1)

The name of the responsible person and any mailing address, residence, driver's license or identification number, physical description, height/weight/hair and eye color;

(2)

The date of violation;

(3)

The name (when applicable) and address of the location where the violation occurred;

(4)

The provision(s) of this Code and/or adopted codes violated, including a description of the violation;

(5)

The amount of the fine for the violation and amount of the late charge if the fine is not paid by a specified date;

(6)

A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

(7)

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 administrative citation appeal process, including the time within which the administrative citation may be appealed and the place from which a form to appeal the administrative citation may be obtained; and

(9)

The name, serial number, and signature of the enforcement officer, and the signature of the responsible person, if that person is physically present and will sign the citation at the time of its issuance. The refusal of a person to sign a citation shall not affect its validity or any related subsequent proceeding, not shall signing a citation constitute an admission that a cited party has committed a violation.

(§ 1, Ord. 696-NS, eff. March 3, 2003, as amended by § 1, Ord. 735-NS, eff. August 27, 2004)

An enforcement officer issuing an administrative citation to a responsible person, on a form approved by the City Attorney, shall do so in the following manner:

(1)

Personal Service of an Administrative Citation upon an Individual. The enforcement officer shall first attempt personal service on an individual if service can be made within the City's jurisdiction. If the cited party is an entity, the enforcement officer may personally serve an employee, principal, partner, director, officer or representative on behalf of said entity. The date of personal service shall constitute the issuance date of a citation.

(2)

Service of Citation by Mail. If the responsible person cannot be personally served in the City, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid, return receipt requested. Simultaneously, a copy of the citation shall be sent by first class mail. The issuing officer shall utilize public records to determine a mailing address for the cited party. The date of mailing shall constitute the issuance date of a citation.

(3)

Service of Citation by Posting. If service cannot be accomplished by personal service or by mail, the enforcement officer shall post the administrative citation on any real property in the City in which the cited party is known to have a legal interest and possession of said property or portion thereof. The date of posting shall constitute the issuance date of a citation.

The failure of a responsible person to receive a citation shall not invalidate any fine, late charge, action or proceeding if service was given in a manner stated in this chapter.

(§ 1, Ord. 696-NS, eff. March 3, 2003)

§ 1-5.05 Schedule of fines.

The amounts of fines imposed pursuant to this chapter shall be set forth in a schedule of fines established by resolution of the City Council. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in subdivision (b) of Section 25132 and subdivision (b) of Section 36900 of the California Government Code.

§ 1-5.06 Payment of fines—Late charges.

Except with regard to violations that would otherwise be an infraction, fines shall be increased, in a manner established by the City Council by resolution, for subsequent repeat violations of the same or similar provisions of this Code by the same responsible person within a 12-month period.

(§ 1, Ord. 696-NS, eff. March 3, 2003, as amended by § 1, Ord. 735-NS, eff. August 27, 2004)

The fine shall be paid to the City within 15 calendar days from the date of issuance of an administrative citation. Fine payments shall be mailed or tendered to the Finance Department of Huntington Park.

In the absence of a timely appeal as set forth in this chapter, the failure of the Finance Department to receive payment of a fine by the due date shall result in the imposition of a late charge as provided for in this chapter.

Late charge fees shall be established by resolution of the City Council.

Payment of an administrative fine under this chapter shall not excuse or discharge any responsibility and legal consequences for continuation or repeated occurrence(s) of the violation that is the subject of an administrative citation.

(§ 1, Ord. 696-NS, eff. March 3, 2003)

§ 1-5.07 Right of appeal.

Any recipient of an administrative citation may contest the violation(s) or that he or she is a responsible person by filing an appeal on a City-approved form with the Finance Department or contracted company within 15 calendar days from the date of issuance of the administrative citation.

If the Finance Department or contracted company does not receive the appeal within the required period, the cited person is deemed to have waived the right to an appeal hearing and the citation shall be deemed final. If an appeal is untimely, the person filing the appeal shall be notified in writing, by certified first class mail, that the appeal is invalid and the right to an appeal is deemed waived. The writing shall also state that the fine shall be paid to the City within 15 calendar days from the date of issuance of this writing.

Appeal shall be accompanied by the entire amount of the fine stated in the citation. The failure to deposit the entire fine shall render an appeal incomplete and untimely unless payment is received in full in the appeal period. Fines that are deposited with the City while a citation is contested shall not accrue interest.

§ 1-5.08 Administrative citation hearing—Procedures.

Any recipient of an administrative citation who is financially unable to deposit the administrative fine with his or her appeal may file a request for an advance deposit hardship waiver. The request shall be filed with the Finance Department on the City's advance deposit hardship waiver application form, available from the Finance Department office, by the due date of any appeal. This waiver form must be executed and accompanied by an executed affidavit under penalty of perjury on a City-approved form, together with all supporting documents of financial hardship as hereafter defined. The failure of any person to submit a complete and signed waiver form, affidavit and all supporting documents establishing financial hardship shall render the appeal incomplete, in which case the person shall have waived the right to an appeal hearing and the citation shall be deemed final.

(e)

"Financial hardship" means the present inability to pay an administrative fine as determined by the City. The supporting documents suitable for consideration shall include: state and federal 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, or other documentation demonstrating the person's financial hardship.

(f)

The Finance Department or a designee thereof, shall issue a written notice of decision stating the absence or presence of financial hardship and findings in support of this determination within a reasonable time. Notice of the decision shall be sent to the applicant by certified first class mail to the address stated in the waiver application form. Service of this notice is deemed complete at time of mailing. The failure of the applicant to receive this notice shall not invalidate any proceedings under this chapter.

(g)

In the event financial hardship is determined to exist, the appeal shall proceed in the manner set forth in this chapter. If a hearing officer upholds an administrative citation, the fine shall be tendered to the contracted company within 15 calendar days of the date of mailing of the hearing officer's written decision. Untimely payment of the fine shall result in a late charge as provided for in this chapter.

(h)

If financial hardship is determined to not exist, the entire amount of the administrative fine shall be tendered to, and received by, the contracted company within 15 calendar days of the date of mailing of the notice of decision concerning the hardship waiver application. The failure of the contracted company to receive the fine in this period shall render the appeal incomplete, in which case the recipient of the administrative citation shall have waived the right to an appeal hearing and the citation shall be deemed final. Untimely payment of the fine shall result in a late charge as provided for in this chapter.

(i)

An appeal shall contain the following:

(1)

The citation number;

(2)

The names, addresses, telephone and facsimile numbers (if any) of the person contesting the citation;

(3)

A statement of the reasons why a citation is being contested;

(4)

The date and signature of a contesting person; and

(5)

Department reviewing officer, comments by reviewing officer, indication of whether appeal was initially validated or will be forwarded to processing.

All appeals shall initially be reviewed by an officer determined by the City. The reviewing officer shall review the appeal and forward the results to the contracted company. The reviewing officer may validate the appeal, in which the fines would be returned to the recipient within 30 days of the validation along with a written notice explaining the reason for the validation of the appeal. If the appeal is denied by the reviewing officer, the appeal will be forwarded to the contracted company to be handled accordingly by the appeal process listed in the ordinance codified in this section.

(j)

Except for an untimely appeal, if an appeal does not satisfy the requirements for a valid appeal, the person filing the appeal shall be notified in writing, by certified first class mail, that the appeal is defective and the person filing the appeal shall have 10 days to cure the defect(s). If the defects are not cured within that time, the right to an appeal is deemed waived and the fine shall be paid to the City within 15 calendar days from the date of issuance of this writing.

(k)

If the appeal satisfies all requirements for a valid appeal, the person filing the appeal shall be notified in writing by certified first class mail of the date, time and place set for the hearing at least 10 calendar days prior to the date of the hearing. Service of this notice is deemed complete at the time of mailing. The failure of a person to receive a properly addressed notice shall not invalidate the citation or any proceeding conducted pursuant to this chapter.

(l)

If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served by certified first class mail on the person filing the appeal no less than three calendar days prior to the date of the hearing. Failure to receive the report shall not invalidate the citation or any proceeding conducted pursuant to this chapter. Copies of written reports concerning the violations and issuance of the administrative citations shall be provided to the person filing the appeal at the hearing.

(§ 1, Ord. 696-NS, eff. March 3, 2003, as amended by § 1, Ord. 735-NS, eff. August 27, 2004)

The City Manager shall appoint a hearing officer or designate the contracted company to conduct appeal hearings pursuant to this chapter and to render decisions.

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 therefor by a preponderance of evidence. The citation is prima facie evidence of the violation and the enforcement officer who issued the citation should attend but is not required to attend or participate at the hearing. The cited party, and the enforcement officer, if present, shall have an opportunity to present evidence and to cross-examine witnesses. The cited party may bring an interpreter to the hearing at his or her sole expense. The hearing officer may question any person who presents evidence or who testifies at any appeal hearing.

The cited party should appear at the hearing in person or by written declaration executed under penalty of perjury. The declaration and any documents in support thereof shall be tendered to and received by the contracted company at least three calendar days prior to the hearing. If the 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 an administrative hearing. In such an instance, the hearing officer shall render a final decision based on the citation and documents and reports that have been provided by the enforcement officer who issued the citation.

§ 1-5.09 Hearing officer decision—Appeal.

Hearings may be continued once at the request of the cited party or the enforcement officer who issued the citation. The hearing officer may also continue the hearing for cause.

(§ 1, Ord. 696-NS, eff. March 3, 2003, as amended by § 1, Ord. 735-NS, eff. August 27, 2004)

After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall state the reasons therefor in the decision. 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 in the decision and state deadline(s) to complete said action(s).

Decisions of the hearing officer shall contain a notice of the right to appeal in writing therefrom to the superior court for the City's judicial district. A written appeal must be filed with the clerk of the court within 20 calendar days from service of the decision. If a timely appeal is not made, the decision of the hearing officer shall be deemed confirmed.

The recipient of the administrative citation shall be served by certified and by first class mail with a copy of the hearing officer's written decision. The failure of a person to receive a properly addressed decision or notice shall not invalidate any action or proceeding by the City pursuant to this chapter.

If the citation is cancelled, or if the city manager or its designee find that an administrative citation was issued in error, any deposit shall be refunded to the cited party within 30 calendar days of the date of a hearing officer's decision.

(§ 1, Ord. 696-NS, eff. March 3, 2003)

§ 1-5.10 Judicial review.

Any person seeking judicial review of a hearing officer's decision may file an appeal with the superior court for the City's judicial district. A written appeal must be filed with the clerk of the court within 20 calendar days from service of the hearing officer's decision. The court is the sole reviewing authority. An appeal from a hearing officer's decision may not be made to the City Council.

Any person seeking judicial review of a hearing officer's decision shall pay a filing fee of $25 to the clerk of the court, or such other amount as the court may require.

A person filing an appeal with the court shall also serve a copy thereof on the Finance Department personally or by first-class mail, postage prepaid.