(a) 
This chapter provides for administrative remedies for any violation of the Artesia Municipal Code. The City's use of this chapter shall be at the sole discretion of the City and is one of several remedial tools and processes that the City has to address violations of the Artesia Municipal Code. 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 violation of the City's laws. The City Prosecutor, or his or her assistants, has sole discretion to determine whether a violation shall be prosecuted criminally. The City may proceed with administrative proceedings pursuant to this chapter in addition to, or in lieu of a criminal or civil action.
(b) 
This chapter makes any violation of the provisions of the Artesia Municipal Code subject to civil and/or administrative fines.
(c) 
This chapter establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil and administrative fines pursuant to Government Code Section 53069.4.
(d) 
As provided in this chapter, a civil and 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 Artesia but it does not execute a failure to correct a violation nor does it bar further enforcement action by the City.
(e) 
Because of the serious blighting conditions that can affect City residents' health and safety, this chapter is intended to impose strict liability upon owners, lessees and tenants of real property for all building, housing, fire and health code, public nuisance, and zoning violations that occur upon that property.
(f) 
The City Prosecutor and City manager shall promulgate procedural rules and guidelines governing the implementation of the provisions of this chapter.
(Ord. 689, § 2; Ord. 18-870, § 2; Ord. 25-967, 6/9/2025)
"Administrative fine"
shall mean the monetary sanction established by resolution of the City Council that is imposed by a citation in accordance with Government Code Section 53069.4, as may be amended from time to time.
"Citation"
shall mean an administrative citation that is issued to a responsible person pursuant to this chapter.
"Citee"
shall mean a responsible person to whom a citation is issued.
"City"
shall mean the City of Artesia, California.
"City Manager"
shall mean the Chief Administrative Official of the City as appointed by the City Council.
"Civil fine"
shall mean the monetary sanction established by resolution of the City Council that is imposed by a citation in accordance with Penal Code Section 19 and Government Code Section 36900(b), as may be amended from time to time.
"Code"
shall mean the entire Artesia Municipal Code, including all Los Angeles County and State codes adopted by reference into the Artesia Municipal Code, and any uncodified ordinance adopted by the City.
"Enforcement official"
shall mean any City employee with obligations under Section 2-4.601 to enforce the Code and any employee of another public agency that is contracted to provide services to the City and authorized to enforce provisions of the Code, including, without limitation, the City's Police Department. The City Manager may designate additional persons to act as enforcement officials for purposes of implementing the provisions of this chapter.
"Hearing officer"
shall mean and include a public entity, organization, association or person, or a public official, or duly constituted reviewing authority or commission that is designated by the City Manager pursuant to the standards contained in Section 1-7.11 of this chapter.
"Notice of Violation—Warning"
shall mean a written notice to a responsible person that a violation of this Code has occurred. This notice shall constitute and state that the responsible person is being warned that an administrative citation assessing a fine may be issued if the violation is not terminated or abated within the time stated in the Notice of Violation.
"Owner"
shall mean and include 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 Los Angeles 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, the personal property. An owner may include an agent, manager or representative thereof. The owner of any premises within the City has the primary responsibility for keeping said premises free of public nuisances and shall be strictly liable for violations of this Code, along with their tenants and occupants. Tenants and occupants of the premises, for the purposes of this chapter, shall be deemed to be the agents of the owner.
"Person"
shall mean and include 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.
"Property" or "premises"
shall mean any real property, or improvements thereon, or portions thereof, as the case may be. "Property" includes any parkway, streets, alleys, sidewalks, rights-of-way, or unimproved public easement abutting such real property. "Property" shall also include all forms of personal property or animals, where applicable.
"Responsible person"
shall mean any person or legal entity whom the enforcement official determines is responsible for causing or maintaining or allowing a violation of the Artesia Municipal Code. The term "responsible person" includes, but is not limited to, a property owner, tenant, or person in possession of real property; or an owner or authorized agent of any business, company or entity; or the holder or the agent of the holder of any permit or entitlement; or any person who has an ownership interest in that property; or any person who although not an owner, nevertheless has a legal right or a legal obligation to exercise possession and control over the property. Additionally, the term "responsible person" shall also include any parent or legal guardian having custody and control of a minor whom the enforcement official determines is responsible for causing, allowing, or maintaining any violation of this Code, as may be amended.
"Violation"
shall mean 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.
(Ord. 689, § 2; Ord. 18-870, §§ 3—5; Ord. 24-951, 2/12/2024; Ord. 25-967, 6/9/2025; Ord. 25-976, 1/12/2026)
(a) 
Any responsible person who violates any section of this Code, or who breaches or violates any condition of a permit, approval or license issued pursuant to this Code, may be issued an administrative citation by an enforcement official as provided in this chapter.
(b) 
If the violation pertains to building, plumbing, electrical or other similar structural or zoning issues, that do not create an immediate danger to health and safety, then the responsible person shall be issued a Notice of Violation—Warning only on the first violation. The Notice of Violation—Warning shall advise the responsible person of the nature of the violation and the date upon which the violation(s) shall be corrected. The time within which the responsible person is required to correct the violation shall be specified in the Notice of Violation—Warning. A reasonable amount of time to correct shall be at the discretion of the City, but not more than 30 days, unless extraordinary circumstances exist. If the violation is not corrected within the time provided on the Notice of Violation—Warning, an administrative citation shall be issued. If the violation(s) have been corrected, no further action shall be taken against the responsible person regarding the violation(s). The enforcement official may extend the time in which to correct the violation.
(c) 
Prior to an administrative hearing, an enforcement official may void an administrative citation issued pursuant to this Code if: (1) the citation was issued to the incorrect person; or (2) the citation was otherwise issued incorrectly. A properly issued citation may only be lawfully dismissed or modified by means of the administrative hearing provisions pursuant to this chapter.
(Ord. 689, § 2; Ord. 25-967, 6/9/2025; Ord. 25-976, 1/12/2026)
Each administrative citation shall contain the following information:
(a) 
The name and mailing address of the responsible person, to the extent such information is known to the City;
(b) 
The date and location of the violation and the approximate time the violation occurred or was detected;
(c) 
The City Code section violated and a description of the violation(s);
(d) 
The amount of the fine imposed for each violation, and the procedure and place to pay the fine(s), and any late charge(s), if not timely paid;
(e) 
The action(s) required to correct the violation(s), if applicable, and the date by which such action must be completed;
(f) 
A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation;
(g) 
The name and signature of the citing enforcement official, and the signature of the cite, if he or she is physically present and will sign the citation at the time of its issuance. The refusal of a cite 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 committed a violation of the Code;
(h) 
Any other information deemed necessary by the City Manager.
(Ord. 689, § 2; Ord. 25-967, 6/9/2025)
(a) 
An administrative citation may be issued to the responsible person by an enforcement official for violations of the Code in the following manner:
(1) 
Personal Service. The enforcement official may attempt to locate and personally serve the responsible person, provided the City has reason to believe that the citee resides, is employed or is engaged in on-going business activities in the City. The City may also, if possible, 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.
(2) 
Service by Mail. The enforcement official may serve the responsible person by certified mail, returned receipt requested, to the last known business or residence address as shown on public records or as known to the City. Simultaneously, the citation may be sent by first class mail to the same location. 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. 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 United States Postal Service shall constitute the issuance date of a citation.
(3) 
If an agent, manager or representative of a responsible person is personally served with a citation, a copy thereof shall also be served by certified mail to the responsible person at his or 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 United States Postal Service shall constitute the issuance date of a citation.
(4) 
As to only those responsible persons who reside at or occupy the property that is the subject of an administrative enforcement action, as determined through diligent investigation, the enforcement official may post the administrative citation on the property in a conspicuous place or in front of the property and mail a copy of the citation to the address by first class mail. The date of posting shall constitute the issuance date of a citation.
(Ord. 689, § 2; Ord. 25-967, 6/9/2025)
(a) 
The civil and administrative fees imposed pursuant to this chapter for a particular violation shall be set forth in the administrative citation schedule established by resolution of the City Council. Violations of any provision of this Code may be prosecuted as an infraction or misdemeanor. If the offense is designated as an infraction, such civil and administrative fines shall not exceed $100 for the first violation, $200 for the second violation within one year, and $500 for each additional violation within one year as provided by subdivision (b) of Section 25132 and subdivision (b) of Section 36900 of the California Government Code. The administrative citation schedule shall specify the amount of any late payment charges imposed for failure to timely pay the fine.
(b) 
Any person who fails to pay to the City on or before the due date any civil and/or administrative fine imposed, shall be liable for the payment of any applicable late payment charge as set forth in the administrative citation schedule 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.
(c) 
Civil and administrative fines, and any late charges due, shall be made payable to the City and paid at such location or address as stated in the citation, or as may otherwise be designated by the City Manager.
(d) 
The due date for the City's receipt of a civil and/or administrative fine shall be 21 calendar days from the issuance of the citation. Thereafter, a late charge shall be due and owing.
(e) 
Payment of a civil and/or administrative fine shall not excuse or discharge the responsible person from the duty to immediately abate a violation of this Code, nor from any other responsibility or legal consequences for a continuation or repeated occurrence(s) of a violation of this Code.
(f) 
Abatement of a violation shall not excuse the obligation of the responsible person to pay a civil or administrative fine, or any late charge imposed on that untimely payment of the civil or administrative fine.
(Ord. 689, § 2; Ord. 18-870, § 6; Ord. 25-967, 6/9/2025)
Upon service of an administrative citation, the cited party shall do the following:
(a) 
Pay the civil and/or administrative fine no later than 21 days from the date of service of the administrative citation. Payment of the civil and/or administrative fine shall not excuse or discharge the failure to correct the violation, nor shall it bar further enforcement action by the City.
(b) 
Comply with the compliance order to remedy the violation within the time specified on the administrative citation.
(Ord. 689, § 2; Ord. 18-870, § 7; Ord. 25-967, 6/9/2025)
(a) 
Any responsible person to whom an administrative citation is issued may contest the citation no later than 21 days from the date of service of the administrative citation by completing a request for hearing form and returning it to the City together with either a deposit in the total amount of the fine and the hearing fee as set by Council resolution or by providing notice that a request for an advance deposit Hardship.
Waiver has been filed pursuant to Section 1-7.09. All requests for hearings, deposits, requests for Hardship Waivers, and any other documents, shall be filed in the Office of the City Clerk at Artesia City Hall, 18747 Clarkdale Avenue, Artesia, California 90701. The request for the hearing, hearing fee, and the fines that are deposited with the City shall not accrue interest. Fines and fees deposited shall be returned to the person tendering the fines in the event a citation is reversed.
(b) 
A failure to timely contest the administrative citation, including failure to deposit the fine and the hearing fee at the time of filing the request for hearing, shall be deemed a waiver of the right to appeal and to seek judicial review.
(c) 
A timely request for a hearing shall not excuse the responsible person from the duty to immediately abate the violation for which the administrative citation was issued, nor from any other responsibility or legal consequences for a continuation or repeated occurrence(s) of a violation of the Code.
(d) 
A request for a hearing shall contain the following:
(1) 
The citation number;
(2) 
The name, address, telephone and any facsimile numbers, of each person contesting the citation;
(3) 
A statement of the reason(s) why a citation is being contested;
(4) 
The appeal shall be limited to the reasons stated by the appellant in Subsection (d)(3) and
(5) 
The date and signature of the cite(s).
(Ord. 689, § 2; Ord. 25-967, 6/9/2025)
(a) 
Any person who is financially unable to make the advance deposit of the fine or the hearing fee as required by Section 1-7.08 may request an advance deposit hardship waiver by completing a written Hardship Waiver Form which shall be filed together with the request for hearing within 21 calendar days from the date the administrative citation is served. The Hardship Waiver Form, the request for a hearing, and all required accompanying documents shall be filed in the Office of the City Clerk at Artesia City Hall, 18747 Clarkdale Avenue, Artesia, California 90701.
(b) 
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 person's inability to deposit the fine and/or the hearing fee. 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.
(c) 
The City shall issue a written decision specifying the reason 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.
(d) 
If the City determines that the waiver is not warranted, the person shall remit the amount of the fine and the hearing fee to the office of the City Clerk of the City within seven calendar days of the date the decision is deposited in the mail. In the event the City does not receive the full amount of the fine and the hearing fee in the required period, the request for a hearing is rendered incomplete and untimely, and the responsible person shall have waived the right to a hearing and the citation shall be deemed final.
(Ord. 689, § 2; Ord. 25-967, 6/9/2025)
(a) 
Only after a request for hearing form is filed, and the responsible person, or their agent or representative, requesting the hearing has either deposited the civil and/or administrative fine in full and the hearing fee or obtained an advance deposit Hardship Waiver, shall the City set the date and time for the administrative hearing. The hearing shall be conducted no sooner than 10 days after the request for hearing form is filed and the civil and/or administrative fine, together with the hearing fee, is deposited with the City or an advance Hardship Waiver is issued. The City shall send notice of the date, time, and place of the hearing to the person requesting the hearing at least 10 calendar days before the date of the hearing. The failure of the citee to receive a properly addressed hearing notice shall not invalidate the citation or any hearing, City action or proceeding conducted pursuant to this chapter.
(b) 
If the enforcement official submits any written report concerning the administrative citation for consideration at the hearing, then a copy of that 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 of the hearing. Failure to receive said report shall not invalidate the administrative citation, the hearing, or any other action conducted pursuant to this chapter.
(Ord. 689, § 2; Ord. 18-870, § 8; Ord. 25-967, 6/9/2025)
The City Manager shall establish procedures for the selection of an administrative hearing officer. Hearing officers shall be selected in a manner that avoids the potential for pecuniary or other bias and in no event shall the enforcement official who issued the administrative citation be the administrative hearing officer.
(Ord. 689, § 2; Ord. 25-967, 6/9/2025)
(a) 
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 proof to establish a violation of the Code. The administrative citation shall constitute prima-facie evidence of the facts contained in those documents. In the discretion of the hearing officer, the evidence submitted in the hearing before the hearing officer may be either in the form of written declarations or by way of oral testimony under penalty of perjury. The officer who issued the citation is not required to attend or participate in the hearing. All written declarations shall be made under penalty of perjury in compliance with Section 2015.5 of the California Code of Civil Procedure. The responsible person may bring an interpreter to the hearing provided there is no expense to the City therefor. The evidentiary standard to be used by the administrative hearing officer in finding a violation of the Code or of any fact at issue in the hearing is the preponderance of evidence standard.
(b) 
If the responsible person, or their agent or representative, fails to attend the scheduled hearing he or she shall be deemed to have waived the right to a hearing. In such an instance, appeal is deemed waived. In such instances, the citation shall be deemed final.
(c) 
Hearings may be continued once at the request of a responsible person or the enforcement official who issued the administrative citation. The hearing officer may also continue the hearing for cause.
(Ord. 689, § 2; Ord. 25-967, 6/9/2025)
No later than 10 days after the date on which the administrative hearing concludes, the hearing officer shall issue a written decision to uphold, modify, or cancel the administrative citation and shall state the reasons therefor. If the administrative citation is upheld, the City shall retain the fine deposited by the responsible person. If a fine has not been deposited pursuant to an advance deposit Hardship Waiver, the hearing officer shall specify in the decision a payment schedule for the fine. The decision of the hearing officer shall be final and the written decision shall notify the responsible person of the right to appeal as provided in Section 1-7.14. The decision shall be served by first class mail and shall be deemed to be served on the date the decision is deposited with the United States Postal Service. The failure of the responsible person to receive a properly addressed decision shall not invalidate the citation or the hearing officer's decision. If the hearing officer determines that the administration citation decision of the City should be reversed in favor of the appellant, the City shall refund the appellant's share of the hearing costs and the deposited amount of the administrative fine within 30 days of the hearing officer's decision. As used in this section, a "reversal" of an administrative citation means the hearing officer has determined the administrative citation is void against the appellant, and the appellant is not subject to any administrative citation fine or penalty.
(Ord. 689, § 2; Ord. 25-967, 6/9/2025)
(a) 
Within 20 days after service of the decision of the 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 pursuant to Government Code Section 53069.4. The responsible person shall serve the Notice of Appeal upon the City Clerk in person or by first class mail within five calendar days of the court filing. If the responsible person fails to timely file a Notice of Appeal, the hearing officer's decision shall be deemed confirmed.
(b) 
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 deposited 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. 689, § 2; Ord. 25-967, 6/9/2025)
Failure of a responsible person to comply with a corrective action stated in any uncontested administrative citation shall constitute a misdemeanor.
(Ord. 689, § 2; Ord. 25-967, 6/9/2025)
The failure of any person to pay the civil and/or administrative fine and/or late charges imposed by an administrative citation 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 and/or administrative 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 responsible person shall be entitled to recover his or her attorney fees if the City made the election to seek attorney fees at the outset of the action and the responsible person prevails in that collection action.
(Ord. 689, § 2; Ord. 18-870, § 9; Ord. 25-967, 6/9/2025)