Alhambra Municipal Code Ch. 1.13 Administrative Citations

The enforcement of the Alhambra Municipal Code is vital to the protection of the public’s health, safety, and quality of life. Under Cal. Gov’t Code § 53069.4, the city is authorized to adopt an administrative citation process, which process offers an alternative method of enforcing code violations. This chapter provides for administrative citation remedies, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this code, including any codes adopted by reference, or other public nuisance. This chapter establishes an administrative citation process and monetary penalties to encourage and expedite compliance with the provisions of the code. The use of this chapter is also intended to minimize the expense and delay associated with pursuing code violations through the civil or criminal justice system.

(Ord. 4544, passed 5-26-09)

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADMINISTRATIVE CITATION or CITATION. A written notice to a responsible party that a violation of this code has occurred and establishes a monetary penalty.

CITY MANAGER. The city manager of the City of Alhambra or the City Manager’s designee or designees.

CODE ENFORCEMENT OFFICER. Any person authorized to enforce certain provisions of this code.

CONTINUING VIOLATION. Either:

(1) A particular violation of the code continuing for more than 24 hours without correction or abatement, or

(2) A repeated, consecutive violation of the same offense.

ENFORCEMENT OFFICER. Includes a code enforcement officer, police officer, building inspector, or any other city employee designated by the City Manager to enforce the provisions of the Alhambra Municipal Code and granted authority to issue notices and administrative citations pursuant to this title. The term ENFORCEMENT OFFICER also includes any city employee or official expressly provided enforcement authority pursuant to the provisions of this code.

HEARING. A hearing conducted by a hearing officer regarding an appeal of the issuance of an administrative citation submitted by a responsible party.

HEARING OFFICER. An individual or board (including, but not limited to, the Administrative Appeals Board) as may be designated by the City Manager to conduct hearings, including appeal hearings, and make decisions as provided in this chapter.

LEGAL INTEREST. 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.

COMPLIANCE ORDER. A written notice to a responsible party that a violation of a building, plumbing, electrical, or other similar structural or zoning issue that does not create an immediate danger to health or safety has occurred and a warning that an administrative citation with a monetary fine will be issued unless the violation is corrected and abated.

RESPONSIBLE PARTY. Any person or persons that an enforcement officer determines is responsible for causing or maintaining a violation of this code. The term RESPONSIBLE PARTY includes, but is not limited to, a property owner, non-owner, occupant, tenant, or other person or entity in control of the property who is creating, causing, or maintaining any condition in violation of the Alhambra Municipal Code.

(Ord. 4544, passed 5-26-09)

(A) Except as otherwise provided in this chapter, whenever notices or citations are required to be given under this chapter, it must be given in one of the following ways:

(1) Personal service; or

(2) Certified mail, postage prepaid, return receipt requested. Concurrently, the same notice should be sent by first class mail. If a notice that is sent by certified mail is returned unsigned, then service will be deemed effective by regular mail, provided that notice is not returned. Service by mail will be effective on the date of mailing; or

(3) Posting the notice conspicuously on or in front of the affected property or any other real property within the city in which the city has knowledge that a responsible party has a legal interest.

(B) The individual serving a notice or citation must complete a declaration of service.

(C) The failure of any interested person to receive any notice served in accordance with this section will not affect the validity of any proceedings taken under this chapter.

(Ord. 4544, passed 5-26-09)

(A) Whenever an enforcement officer determines that a violation of this code exists, the enforcement officer may issue an administrative citation to a responsible party. Each administrative citation must contain the following information:

(1) The date the violation;

(2) The address or definite description of the location where the violation was observed;

(3) The section of the code violation;

(4) A description of the conditions causing the code violation;

(5) The amount of the administrative fine for the code violation;

(6) A description of the fine payment process, including a description of the time within which, and the place where the fine must be paid;

(7) An order prohibiting the continued or repeated occurrence of the code violation described in the administrative citation;

(8) 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;

(9) A description of the administrative citation review process, including the time within which the administrative citation may be contested and the manner in which a request for review of the citation may be requested; and

(10) The name of the citing enforcement officer.

(B) In accordance with Cal. Gov’t Code § 53069.4, no responsible party will be issued an administrative citation under this chapter for a violation pertaining to a building, plumbing, electrical or similar structural or zoning issue that does not create an immediate danger to the public health or safety without first receiving a compliance order pursuant to § 1.13.050.

(Ord. 4544, passed 5-26-09)

(A) Before issuing an administrative citation for any violation of building, plumbing, electrical, or similar zoning regulation set forth in this code or incorporated by reference, the enforcement officer must first issue a written compliance order to the person(s) responsible for the violation unless the violation constitutes an immediate threat to pubic health or safety. The compliance order must contain all of the following:

(1) The date of the violation;

(2) The address or a definite description of the location where the violation occurred;

(3) The section and description of the code violation;

(4) Identification of the action(s) necessary to correct the violation;

(5) A reasonable time period for the correction of the violation;

(6) Notice that if the violation is not corrected by the date specified in the compliance order, that an administrative citation may be issued and administrative fines imposed for failure to correct violations by the date specified.

(7) Notice that the violation is a nuisance and that collection of unpaid fines and costs (which includes but is not limited to inspection and re-inspection time) can be enforced as a lien against the property where the violation occurs and that an unpaid lien can result in the property being involuntarily sold.

(Ord. 4544, passed 5-26-09)

(A) The amount of the fine will be assessed according to a schedule of fines adopted by City Council resolution. The schedule may include escalating fine amounts for repeat violations of the same code provision by the same person within a 12-month period from the date of a previous administrative citation.

(B) A penalty of 10% will be added on any delinquent fines on the last day of each month after the due date.

(C) In addition to the late penalty provided by this section, delinquent fines will accrue interest at the rate of 1% per month, exclusive of penalties, from the due date.

(Ord. 4544, passed 5-26-09)

(A) Upon receipt of an administrative citation, the responsible party must do the following:

(1) Pay the fine within 30 days from the date of the administrative citation. All fines assessed are payable to the City Clerk. Payment of a fine does not excuse or discharge the failure to correct the violation nor will it bar further enforcement action by the City Clerk; and

(2) Correct and abate the violation. If the offense is a continuing violation and the responsible party fails to properly correct and abate the violation, fines will accrue for each day until the abatement is properly verified by the city. Additionally, subsequent administrative citations may be issued for the same violation. The amount of the fine for failure to correct the violation will increase at the rate specified in this chapter or as established by City Council resolution.

(B) At any time following 30 days after the issuance of the administrative citation, the city may deliver a collection bill to the responsible party requiring payment for all outstanding amounts owed for the violation, including costs, the amount due for the initial violation and any accrual of daily fines from the date the citation was issued to the date the abatement of the offense is properly verified by the city (if applicable), plus any appropriate late payment charge, less any amount remitted pursuant to subsection (A) of this section.

(C) The abatement of a continuing violation must be verified by an enforcement officer. The responsible party must contact by phone, the enforcement officer who issued the citation and schedule an inspection. Fines will accrue until the abatement is verified, less any days delayed by action of the city in scheduling such inspection.

(Ord. 4544, passed 5-26-09)

(A) The failure of any person to pay a fine, costs or penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city. To enforce that debt, the city may file a civil action, lien the subject property as set forth below, or pursue any other legal remedy to collect such debt. A person who fails to pay any fine or other charge owed to the city under this chapter is liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorneys’ fees. Such collection costs are in addition to any fines, interest, and late charges.

(B) In addition to any other legal remedy, the city may place a lien on property that is the subject of a citation if the administrative citation has been issued to the property owner. The following procedure will apply:

(1) The Finance Director may initiate proceedings to record a lien against the subject property;

(2) Before recording the lien, the Finance Director shall submit a report to the City Clerk stating the amounts due and owing. The report may include a fee, as established by City Council resolution, for the administrative costs associated with the preparation and recordation of the lien;

(3) The City Clerk shall fix a time, date and place for a hearing before the City Manager to consider the report and any protests or objections to it;

(4) The City Clerk must serve the property owner with a hearing notice not less than ten 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 the property owner’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 property owner to actually receive notice does not affect its validity;

(5) At the conclusion of the hearing, the Finance Director may adopt a report confirming, discharging, or modifying the lien amount;

(6) Following the adoption of the report imposing a lien, the City Clerk shall cause the lien to be filed in the County Recorder’s Office;

(7) After confirmation and recordation, the city shall impose a special assessment against the property that is the subject of administrative citation by presenting a copy of the lien to the County Tax Collector to add the amount of the lien to the next regular property tax bills levied against the parcel for municipal purposes. This amount will be collected at the same time and in the same manner as ordinary property taxes are collected, and will be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes. Or, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law; and

(8) Once the city receives full payment for outstanding principal, penalties, and costs related to a lien, the City Clerk will cause to be recorded a notice of satisfaction or provide the property owner with a notice of satisfaction for recordation at the County Recorder’s Office. This notice of satisfaction will cancel the city’s lien.

(Ord. 4544, passed 5-26-09)

(A) Any person receiving an administrative citation may appeal the citation within ten calendar days after the issuance date of the administrative citation. The appeal must be in writing and must indicate the appellant’s full name, telephone number, mailing address, specify the basis for the appeal in detail, and must be filed at the City Clerk’s office. Any request for hearing must be accompanied by an advance deposit of the fine assessed by the citation for the initial violation, unless waived by subsection (C) of this section. If it is determined after a hearing that there was no violation as charged in the administrative citation, the advance deposit will be refunded.

(B) A request for hearing will not postpone or avoid the requirement of a responsible person to correct and abate a violation nor toll the daily fines accruing for a continuing violation until the correction and abatement of the offense is properly verified by the city. In the event the hearing officer upholds the citation, the responsible person will be liable for the total fines accrued from the issuance of the citation to the date the abatement is properly verified by the city.

(C) A person seeking an administrative hearing may request a hardship waiver of the monetary fine by filing a request in writing with the City Clerk’s office, which must be signed under penalty of perjury. The request must be submitted along with the request for hearing. The person requesting the waiver bears the burden of establishing that such person does not have the financial ability to make the deposit. The request will be decided by the city manager within three business days from date the request is received, unless otherwise extended by the City Manager. The City Manager’s decision is final. The applicant will be notified by telephone, facsimile, or pursuant to § 1.13.030. The filing of a request for hardship waiver does not extend the time to file for an administrative hearing or pay the fine when due. If the request for hardship waiver is denied, an administrative, hearing will not be scheduled unless the monetary fine is paid within five business days following the City Manager’s determination on the request for a hardship waiver.

(D) As soon as practicable after receiving written notice of appeal, the City Manager shall fix a date, time and place for the hearing before a hearing officer. Hearings shall take place once per month at a set time and date, unless the city finds it necessary to conduct hearings more frequently or less frequently. The city shall notify the person requesting the hearing pursuant to § 1.13.030, at least ten days prior to the date of the hearing and give that person any additional written reports filed concerning the violation that are provided to the hearing officer.

(E) Failure of any person with an interest in the property, or other responsible party, to receive such properly addressed or served notice of hearing shall not affect the validity of any proceedings under this chapter.

(F) Failure of any responsible party to file an appeal in accordance with the provisions of this section shall constitute a waiver of that responsible party’s rights to administrative determination of the merits of the administrative citation and the amount of the monetary fine. If no appeal is filed, the administrative citation shall be deemed a final administrative order and a failure to exhaust the responsible party’s administrative remedies.

(Ord. 4544, passed 5-26-09)

(A) The City Manager shall designate a hearing officer or hearing officers to conduct the appeal hearing of an administrative citation issued pursuant to this chapter.

(B) No hearing to contest an administrative citation before a hearing officer will be held until a request for hearing has been completed and submitted, and the monetary fine has been deposited in advance, unless a hardship waiver is granted in accordance with § 1.13.090(C).

(C) The hearing officer may only consider evidence that is relevant to whether the violation occurred and whether the responsible party has created, caused or maintained the violation of this code on the date specified in the administrative citation.

(D) At least ten days prior to the hearing, the city must provide the recipient of an administrative citation with a copy of the citation, and any other documents to be submitted to the hearing officer. Formal rules of evidence will not apply.

(E) The person appealing the administrative citation will be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

(F) Unless requested in advance by the person appealing the administrative citation, neither the enforcement officer nor any other representative of the city is required to attend the hearing, provided that any such appearance may be made at the discretion of the enforcement officer or City Manager.

(G) The failure of any recipient of an administrative citation to appear at the administrative citation hearing will constitute a forfeiture of the fine and a failure to exhaust administrative remedies, and the order of the citation will become the final determination.

(H) The administrative citation and any additional documents submitted by the enforcement officer to the hearing officer will constitute prima facie evidence of the violation and the respective facts contained in those documents.

(I) The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

(J) The hearing officer shall administer oaths and accept testimony under penalty of perjury relating to the violation.

(Ord. 4544, passed 5-26-09)

(A) After considering all of the testimony and evidence submitted at the hearing, the hearing officer must issue a written decision within five business days after the hearing, unless otherwise extended by the city, to uphold the order and deny the appeal, or modify the order. The hearing officer must identify and describe the reasons for that decision. The hearing officer will use preponderance of evidence as the standard of evidence in deciding issues. The decision of the hearing officer will be final.

(B) If the hearing officer determines that the administrative citation should be upheld and appeal denied, any monetary fine on deposit with the city will be retained by the city. The hearing officer may also impose conditions and deadlines to correct the violation or require payment of any outstanding fines, penalties, and interest.

(C) If the hearing officer determines that the order should be modified, the city will promptly take the corrective action identified in the hearing officer’s decision.

(D) The city shall preserve all exhibits submitted by the parties and shall serve the decision by first class mail on the appellant within ten days after receipt of the decision.

(Ord. 4544, passed 5-26-09)

The prevailing party will be entitled to recovery of costs (including the cost of the hearing officer) and attorneys fees incurred.

(Ord. 4544, passed 5-26-09)

The responsible party who requested the hearing may obtain review of the hearing officer’s administrative decision regarding the administrative citation by filing a petition for judicial review pursuant to the provisions of Cal. Gov’t Code § 53069.4.

(Ord. 4544, passed 5-26-09)