This chapter provides for administrative citations, which are in addition to all other legal penalties and remedies, whether administrative, criminal, or civil, that may be imposed in connection with any violation of this code. Any person violating, or who has violated, any provision of this code may be issued an administrative citation by an enforcement official as provided for in this chapter.
(Ord. 1936 § 3, 2020)
For purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise:
"City manager's designee"
means and includes the city manager or the person designated by the city manager to fulfill the responsibilities required by this chapter.
"Continuing violation"
means a violation of this code that persists for more than 24 hours.
"Decision"
means the decision of the hearing officer at the conclusion of an administrative hearing held in accordance with this chapter.
"Enforcement agency"
means and includes any agency, department, or unit authorized to enforce any provision of this code.
"Enforcement official"
means and includes any city employee or agent of the city authorized by this code, the city council, or the city manager to issue administrative citations to enforce any provision of this code.
"Grace period"
means the reasonable timeframe provided to a responsible party to correct a violation of this code in accordance with this chapter.
"Grace period exception"
mean a code violation that is any of the following:
1. 
Not a continuing violation.
2. 
An immediate danger.
3. 
The result of, or used to facilitate, the illegal cultivation of cannabis, unless all the following are true:
a. 
The nuisance property is a rental property.
b. 
The relevant responsible party is the nuisance property owner or owner's agent.
c. 
A tenant is in possession of the nuisance property.
d. 
The relevant responsible party can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis.
e. 
The relevant responsible party did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the responsible party to have actual notice of the illegal cannabis cultivation.
"Hearing officer"
means the neutral and impartial hearing officer appointed to hold and conduct an administrative hearing in accordance with this chapter.
"Immediate danger"
means that the cited condition poses a reasonable risk of causing immediate harm or damage to the health or safety of a person or property.
"Nuisance property"
means the parcel of real property upon which the violations cited in an administrative citation occurred.
"Person"
means any natural person, business, organization, corporation, or other legal entity.
"Responsible party" or "responsible parties"
means and includes any of the following:
1. 
Any person or entity that causes, maintains, permits, or allows a violation of this code.
2. 
Any person or entity that owns, possesses, or controls any parcel of real property in the city upon which a violation of this code is maintained.
3. 
Any trustee of any trust that holds legal title to any parcel of real property in the city upon which a violation of this code is maintained.
4. 
Any person or entity that owns, possesses, operates, manages, or controls any business within the city that is responsible for causing or maintaining a violation of this code.
(Ord. 1936 § 3, 2020)
A. 
Whenever an enforcement official determines that a violation of this code has occurred, the enforcement official shall have the authority to issue an administrative citation to each responsible party for that violation.
B. 
Each administrative citation shall contain the following information:
1. 
The date of the violations.
2. 
The address or a description of the location where the violations occurred.
3. 
The names of the responsible parties.
4. 
The code sections violated and a description of the violations.
5. 
Designation per cited violation whether it poses an immediate danger.
6. 
Designation per cited violation whether it is a continuing violation.
7. 
Designation per cited violation whether it is the result of, or used to facilitate, the illegal cultivation of cannabis.
8. 
Grace period (if any) to cure each cited violation in order to avoid the administrative fine.
9. 
The amount of the administrative fine for each cited violation that will be imposed if the cited violation is not cured within the grace period (if any). If there is no grace period, the administrative fine shall be immediately imposed.
10. 
The amount (if any) of the administrative fee.
11. 
An order prohibiting the continuation or repeated occurrence of the cited violations.
12. 
A notice that the administrative fine amount may automatically re-accrue and double each day beyond the grace period (if any) that the cited violation persists, up to the statutory maximum per day.
13. 
An order to the responsible parties that they must report to the relevant enforcement agency when each cited violation is cured, along with the necessary contact information for the relevant enforcement agency to verify.
14. 
A description of the administrative citation review process, including the timeframe within which the administrative citation may be contested and the place to obtain a hearing request form.
15. 
A description of the administrative fine payment process, including the timeframe to pay the administrative fine and administrative fee, the late fee for failure to pay on time, and any other consequences of failing to pay as required.
16. 
The name and signature of the citing enforcement official.
C. 
If a cited violation is a grace period exception, then the administrative fine for that cited violation shall be immediately imposed.
D. 
If a cited violation is not a grace period exception, then the responsible parties shall be given a reasonable grace period to cure that cited violation in order to avoid the administrative fine for that cited violation.
E. 
The responsible parties must cure each cited violation and must report to the relevant enforcement agency when each cited violation is cured within 24 hours of curing the violation. When reporting to the enforcement agency, the responsible parties must provide their contact information and make accommodations for the enforcement agency to verify compliance within 72 hours, unless further delay is permitted by the enforcement agency.
(Ord. 1936 § 3, 2020)
A. 
Administrative Fine. The administrative fines imposed pursuant to this chapter for violations of this code shall be in the amount set forth in this code or an administrative fine schedule established by resolution of the city council.
B. 
Infractions.
1. 
For any infraction violation of a building and safety code pertaining to a property that is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property, and no lesser specific administrative fine is established in this code or by the city council, the maximum administrative fine shall be $130.00 for the first offense and $2,500.00 for each subsequent offense within 12 months.
2. 
For any other infraction violation of a building and safety code, for which no specific administrative fine is established in this code or by the city council, the maximum administrative fine shall be $130.00 for the first offense, $700.00 for the second offense within 12 months, and $1,300.00 for each subsequent offense within 12 months.
3. 
For any other violation of this code that is expressly punishable only as an infraction, and for which no specific administrative fine is established in this code or by the city council, the maximum administrative fine shall be $100.00 for the first offense, $200.00 for the second offense within 12 months, and $500.00 for each subsequent offense within 12 months.
C. 
Misdemeanors. All violations of this code are misdemeanors unless expressly stated otherwise. For any violation of this code that is punishable as a misdemeanor, and for which no specific administrative fine is established in this code or by the city council, the maximum administrative fine shall be $1,000.00 for each offense.
D. 
Continuing Violations. Each day a violation persists is a separate offense.
E. 
Grace Period. The responsible parties for any violations that are not a grace period exception shall be given a reasonable grace period to cure the violation of not less than three calendar days, or as otherwise set by resolution of the city council, in order to avoid the administrative fine for that violation.
F. 
Re-Accruing Administrative Fines. The administrative fine for a cited violation shall automatically re-accrue and double, up to the statutory maximum (unless a lesser maximum has been expressly established by this code or by resolution of the city council), each day beyond the grace period (if any) that a cited violation persists.
G. 
Administrative Fee. The city may adopt an administrative fee to recover the administrative expenses associated with the issuance, enforcement, processing, and collection of administrative citations. The administrative fee shall be established by resolution of the city council. The administrative fee shall be assessed on each administrative citation and collected in the same manner and at the same time as the administrative fine; however, the administrative fee shall be assessed only once per administrative citation.
H. 
Late Fee. Any person who fails to pay any administrative fine and administrative fee imposed pursuant to the provisions of this chapter shall be liable for the payment of a late fee. The late fee shall be in an amount established by resolution of the city council.
I. 
Nuisance Abatement Costs. In addition to the administrative fee, the city is entitled to recover all other code enforcement and nuisance abatement costs associated with enforcing this code or abating any nuisances ("nuisance abatement costs"). However, nuisance abatement costs shall not include salary, fees, and hourly rates paid to attorneys, law enforcement, and inspectors for hours spent either investigating or enforcing a charged crime in relation to any criminal investigation, criminal prosecution, or criminal appeal in a criminal action pursuant to Penal Code Section 688.5, unless specifically authorized by statute or ordered by a court.
J. 
Collection Costs. In addition to the administrative fee and late fee, the city is entitled to recover all costs, expenses, fees, and attorneys' fees associated with collecting upon any administrative fines, fees, or costs authorized by this chapter.
(Ord. 1936 § 3, 2020)
A. 
Administrative fines shall be paid to the city within 30 days from the date of service of the administrative citation, unless a hearing is properly requested.
B. 
If a hearing is properly requested, and the fine is upheld or modified at that administrative hearing, then the confirmed fine amount shall be paid to the city within 30 days from the date of service of the decision.
C. 
Payment of an administrative fine under this chapter shall not excuse or discharge the obligation to cure the underlying violations.
D. 
In the event the citee is fined for any violation of Chapter 17.23.1 (Short-term rentals), or is fined for a second or subsequent violation of any other provision of this code (including local building and safety codes) within one year of the first violation, and the violation would otherwise constitute an infraction, then the citee may submit a request to the city for a fine hardship waiver to reduce some or all of the amount of the fine within five days from the date the citation is issued. The request shall be submitted to the city's finance director or his or her designee on a fine hardship waiver application form available from the city clerk together with all supporting documents demonstrating to the satisfaction of the finance director or his or her designee that the citee has made a bona fide effort to comply after the first violation and the payment of the full amount of the fine would impose an undue financial burden on the citee. Documents suitable for consideration demonstrating the citee's bona fide effort to comply may include, without limitation, a declaration attesting to the compliance efforts made, photographs of the efforts attesting to the compliance efforts made, copies of receipts, contracts, work orders, or other documentation reflecting compliance efforts made. Documents suitable for consideration demonstrating the citee's undue financial burden if required to pay the fine may include, without limitation, a declaration attesting to the undue financial burden and reasons therefor, 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, and income and expense records for 12 months preceding submittal of the fine hardship waiver application. The documents may and should be submitted with redactions for private information, such as social security number information and account numbers. After a determination is made on the citee's fine hardship waiver application, the city will destroy the documents submitted by a person for a fine hardship waiver without prior notice to the person.
E. 
The finance director or his or her designee shall issue a written decision specifying the reasons for not granting the fine hardship waiver, or if the fine hardship waiver is granted, the reasons for granting the fine hardship waiver with an explanation of the reduced amount of the fine imposed. The decision shall be served upon the citee by first-class mail or via email if the citee consents in writing to email service. The decision shall be deemed served on the date of personally serving, mailing, posting, or emailing as the case may be. The citee shall remit any fine amount owing within 10 days of service of the written decision.
F. 
The citee's failure to file a completed fine hardship waiver application form with supporting documents within five days after service of the citation shall constitute a waiver of the right to receive a fine hardship waiver.
G. 
Should the citee be granted a fine hardship waiver, the amount in the written decision shall be controlling for purposes of the deposit required for an administrative hearing pursuant to section 1.22.080.
(Ord. 1936 § 3, 2020; Ord. 1995, 4/28/2025)
A. 
Any recipient of an administrative citation identified as a responsible party may contest the administrative citation by completing a hearing request form and returning it to the city, or the city's designated agent as specified on the administrative citation, within 15 days from the date of service of the administrative citation.
B. 
A hearing request form may be obtained from the city clerk, the department specified on the administrative citation, or the city's designated agent as specified on the administrative citation. The request may be for an in-person hearing or a hearing by written declaration.
C. 
If an in-person hearing is requested, then the city shall set the date and time for the administrative hearing. The responsible party requesting the in-person hearing shall be served written notice of the time and place set for the administrative hearing at least 10 days prior to the date of the administrative hearing.
D. 
If a request for hearing by written declaration is made, then the written declaration must be made under penalty of perjury and attached to the hearing request form. The written declaration must establish all defenses the contesting party may have and must attach all evidence the contesting party wishes the hearing officer to consider. The written declaration may not be augmented or supplemented unless permission to do so is obtained from the hearing officer prior to the issuance of the decision.
E. 
Other than coordinating and scheduling the administrative hearing, no ex parte communications may occur with the hearing officer. Any other communications with the hearing officer must be in writing and submitted to all parties either prior to, or contemporaneously with, the written communication to the hearing officer.
F. 
The enforcement agency may submit a written report concerning the administrative citation to the hearing officer for consideration. If an in-person hearing is requested, then the report may be submitted at any time prior to the in-person hearing. If a hearing by written declaration is requested, then the report may be submitted within 30 days to the hearing officer.
G. 
Failure to timely and properly request a hearing as required by this chapter, including the proper submission of a written declaration under penalty of perjury when a hearing by declaration is requested, shall constitute an admission to the existence of the cited violations, an admission to the cited party's liability for the cited violations, a waiver of the right to contest the administrative citation, and a failure to exhaust administrative remedies. The administrative citation, along with any imposed administrative fines and fees, shall be deemed final.
H. 
Upon the proper filing of a hearing request, the administrative fines and the administrative fee associated with the contested administrative citation shall be stayed pending the outcome of the administrative hearing.
(Ord. 1936 § 3, 2020)
The city manager's designee shall establish procedures for the selection of a hearing officer required in this chapter. A hearing officer shall be a neutral third party contracted by the city and selected in a manner that avoids the potential for any bias against any parties to the hearing. The hearing officer's compensation, if any, shall be paid by the city; however, the nonprevailing party shall be liable to the city for the costs of the hearing and the hearing officer's compensation. The hearing officer's compensation shall not be directly or indirectly conditioned upon the outcome of the hearing.
The City of Upland complies with California Building Standards Code Section 1.8.8.1. The City of Upland has established a process to hear and decide appeals of orders, decisions, and determinations made by the city relative to the application and interpretations of the California Building Standards Code and other regulations governing construction, use, maintenance and change of occupancy. The City of Upland has established an appeals board, the members of which are not employees of the enforcing agency and are knowledgeable in the applicable building codes, regulations, and ordinances as determined by the governing body of the city.
(Ord. 1936 § 3, 2020; Ord. 1987, 5/13/2024)
A. 
An in-person hearing before the hearing officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that the request for an in-person hearing is submitted in accordance with the provisions of this chapter. This timeframe may be extended by necessity or stipulation of the parties. Failure to hold the hearing within this timeframe shall not invalidate the administrative citation, shall not preclude proceeding with the hearing at a later date, and shall not invalidate the hearing officer's decision.
B. 
If the responsible party requesting the in-person hearing fails to attend the scheduled hearing, it shall constitute an admission to the existence of the cited violations, an admission to that responsible party's liability for the cited violations, a waiver of the right to contest the administrative citation, and a failure to exhaust administrative remedies.
C. 
If an in-person hearing is requested, the hearing officer may continue the hearing and request additional evidence from the enforcement agency or the responsible party that requested the hearing prior to issuing a decision. The hearing officer shall issue a decision within 30 days from the date all necessary evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the administrative citation nor the hearing officer's decision.
D. 
If a hearing by written declaration is requested, the hearing officer shall review the requesting responsible party's written declaration and the enforcement agencies' report within 30 days of receipt. Within those 30 days, the hearing officer may request additional evidence from the enforcement agency or the requesting responsible party as necessary to render a decision. Failure by the requesting responsible party to respond or produce additional evidence requested by the hearing officer may be deemed by the hearing officer as an abandonment of the hearing request. Failure by the enforcement agency to respond or produce additional evidence requested by the hearing officer may be deemed by the hearing officer as admissions in the relevant responsible party's favor. The hearing officer shall issue a decision within 30 days from the date all necessary evidence is obtained. Failure by the hearing officer to strictly comply with this provision shall not invalidate the administrative citation nor the hearing officer's decision.
E. 
Administrative hearings are informal, and formal rules of evidence and discovery shall not apply. Each party shall have the opportunity to present evidence in support of that party's case and to cross-examine witnesses. The city bears the burden of proof at an administrative hearing to establish a violation of this code by a preponderance of the evidence. The administrative citation, and any additional reports submitted by the enforcement agency, shall constitute prima facie evidence of the facts contained in those documents.
(Ord. 1936 § 3, 2020)
A. 
Not later than 30 days after the date on which the administrative hearing concludes—or in the case of a hearing by written declaration, not later than 30 days after all necessary evidence is received—the hearing officer shall issue a written decision to uphold, modify, or dismiss the contested administrative citation. Failure by the hearing officer to strictly comply with this provision shall not invalidate the administrative citation nor the decision.
B. 
The decision shall set forth the reasons for the decision along with notice of the right to appeal pursuant to this chapter. The decision shall be final.
C. 
The decision shall be served by first-class mail to all parties and shall be deemed to be served on the date the decision is deposited with the United States Postal Service. Failure to receive a properly addressed decision shall not invalidate the administrative citation nor the decision.
D. 
If the administrative citation is upheld, the hearing officer shall award the city reimbursement of the hearing costs, including the hearing officer's compensation. If the administrative citation is only partially upheld, the hearing officer may reduce the reimbursement for hearing costs that the city is awarded as the hearing officer deems appropriate. If the administrative citation is dismissed entirely, then the city shall bear the hearing costs.
E. 
All upheld and awarded administrative fines, administrative fees, and hearing costs shall be paid by the responsible parties to the city within 30 days from the date the decision is served.
F. 
If the hearing officer determines that an administrative citation should be dismissed, the city shall retain the authority to issue additional administrative citations for additional violations, or to take any other enforcement action authorized by law.
(Ord. 1936 § 3, 2020)
The city may collect any past due administrative fines, administrative fees, late fees, nuisance abatement costs, collection costs, and hearing costs by use of all available legal means, including, but not limited to, personal collection from the responsible parties and special assessment against the nuisance property if the responsible parties have or control title to the nuisance property. The procedures provided in this section are in addition to all other remedies and cost recovery options available to the city by law or in equity, including, but not limited to, those provided in Chapter 1.20 of this code.
(Ord. 1936 § 3, 2020)
Within 20 days after service of the decision upon a responsible party, that responsible party may seek review of the decision by filing an appeal with the Superior Court of the state of California, in the county of San Bernardino, in accordance with Government Code Section 53069.4. That responsible party shall serve upon the city clerk, either in person or by first-class mail, a copy of the notice of appeal. If a responsible party fails to timely file a notice of appeal, the hearing officer's decision shall be final and that responsible party's right to appeal shall be deemed waived and terminated.
(Ord. 1936 § 3, 2020)
A. 
The administrative citation and all notices required to be given by this chapter may be served on the responsible parties in accordance with any of the following methods:
1. 
Personal service to the responsible parties.
2. 
First-class or certified mail to the responsible parties at each responsible parties' last known address.
3. 
For any responsible parties that reside at, or occupy, the nuisance property, by posting the administrative citation in a conspicuous place on the nuisance property, and then mailing a copy of the administrative citation to those responsible parties by first-class mail at that address.
4. 
If any responsible parties are an entity registered with the Secretary of State, then by certified mail to those responsible parties' agents for service of process at the address registered with the Secretary of State, or as otherwise permitted by law.
5. 
If a valid address for any responsible parties cannot be determined, then by posting the administrative citation in a conspicuous place on the nuisance property, and then mailing a copy of the administrative citation to those responsible parties at the nuisance property's address by first-class mail.
B. 
Service by posting shall be deemed effective at the time of posting. Service by mail in any manner described in this section shall be deemed effective upon deposit in the mail.
C. 
The failure of any responsible party, or any other person with a legal or equitable interest in the nuisance property, to receive any administrative citation or notice served in accordance with this section shall not affect the validity of the notice nor any proceeding conducted under this code.
(Ord. 1936 § 3, 2020)