Aliso Viejo Municipal Code Art. II Administrative Fines

A. This chapter makes any violation of the provisions of this code subject to administrative citation and fine. A violation of this code includes, but is not limited to, all violations of the code, all violations of any other ordinance of the city, and failing to comply with any condition imposed by any entitlement, agreement or environmental document issued or approved under the provisions of this code.

B. This chapter establishes the administrative procedures for the imposition, enforcement, collection, and review of administrative citations and fines pursuant to California Government Code Section 53069.4 and the city’s plenary police power.

C. The issuance of an administrative citation under this chapter is solely at the city’s discretion and is one option the city has to address violations of this code. By adopting this chapter, the city does not intend to limit its discretion to utilize any other remedy, civil or criminal, to enforce the provisions of this code and any other ordinance of the city.

D. The purpose of issuing administrative citations pursuant to this chapter is to encourage voluntary and complete compliance with the provisions of this code and to eliminate nuisances for the protection and benefit of the entire community.

E. Because of the serious blighting conditions that can result affecting the residents’ health and safety, this chapter is intended to impose strict civil liability upon the owners, lessees and tenants of real property for all building, housing, fire and health code and zoning violations that occur upon the subject premises. [Ord. 2010-126 § 1 (Exh. A)].

The following definitions apply to the use of these terms for the purposes of this chapter:

“Administrative citation” means a notice issued pursuant to this article that there has been a violation of the code in the form specified in this article. “Administrative citation” includes a notice of noncorrection unless the context clearly shows otherwise.

“Building violation” means any violation of this code pertaining to building, plumbing, electrical, or other similar structural or zoning regulations set forth in this code that does not create an immediate danger to health or safety.

“Director” means director of the issuing department, or his or her designee.

“Enforcement officer” means any employee or agent of the city authorized to enforce the provisions of this code as designated in writing by the city manager, including, but not limited to, a deputy sheriff, animal control officer, or other employee of the county of Orange acting under contract with the city.

“Hearing officer” means the person selected to serve as the hearing officer over administrative, nuisance, or appeal hearings pursuant to Chapter 1.10 AVMC.

“Issued” means giving an administrative citation to the violator. Issuance occurs on the date when a civil citation is personally served on the violator, the date it is mailed to the violator, or the date it is posted on real property where a property-related violation occurs.

“Issuing department” means the city department that has the authority and responsibility for enforcing the code section(s) designated on a citation as having been violated.

“Notice of decision” means a written notice issued to a violator to inform the violator of the decision made regarding various provisions of this article.

“Notice of noncorrection” means a notice contained in a second administrative citation issued for a building violation which notes the violation on the prior administrative citation has not been corrected within the applicable correction period.

“Responsible person” means 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 a person who is a tenant, lessee or sublessee 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 at such premises for code violations occurring at such site.

6. A person who is the beneficiary under a deed of trust for the property where a property-related code violation exists and that person has not corrected the violation within 30 days after being notified by the director in writing of the violation and the fact that the trustor under the deed of trust is no longer living on the property and his or her whereabouts is unknown.

For purposes of this definition, “person” includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity. There shall be a legal presumption that the record owner of a parcel according to the county’s latest equalized property tax assessment rolls and a tenant, lessee or sublessee of a parcel has notice of any code violation existing on the premises.

For the purposes of this article, there may be more than one responsible person for a code violation, and a minor at least 14 years of age may be a responsible person subject to the provisions of this article.

“Violator” means a person given an administrative citation charging him or her as a responsible person for a code violation. [Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: definitions generally, AVMC 1.02.010.

A. Any enforcement officer, upon determining that a provision of this code, which he or she is charged to enforce, has been violated has the authority to issue an administrative citation to any responsible person or persons. An enforcement officer may issue an administrative citation for a violation the officer did not see occur if the officer has determined, through investigation, that the responsible person did commit the violation. A responsible person to whom an administrative citation is issued shall be liable for and shall pay to the city the fine or fines described in the administrative citation when due pursuant to the provisions of this chapter.

B. Every person who applies for and receives a permit, license, or any type of land use approval (e.g., subdivision maps, conditional use permits, variances) shall comply with all conditions imposed upon the issuance of the permit, license or other approval. If a person violates any condition of such permit, license or approval, he or she may be issued an administrative citation and be liable for fines under the provisions of this chapter.

C. The city may take into consideration the fact that a person has been issued administrative citations when the city is determining whether to grant, suspend, revoke, or deny any permit, license, or any type of land use approval for the person and such administrative citations are evidence that the person has committed acts that are not compatible with the health, safety and general welfare of other persons and businesses in the vicinity. [Ord. 2010-126 § 1 (Exh. A)].

A. When an administrative citation is issued for a building violation, a violator shall have at least 30 days to correct or otherwise remedy the building violation. A violator may be given more than 30 days to correct or otherwise remedy a building violation if deemed necessary by the enforcement official. Notwithstanding AVMC 1.06.080, no responsible person shall be liable for an administrative fine unless the building violation continues after the time period allowed for correction as specified on the administrative citation and the responsible person is issued a second administrative citation containing a notice of noncorrection.

B. The violator of a building violation may request an extension of the correction period specified on the administrative citation; provided, that a request is filed with the director before the correction period ends. The director may in his or her discretion grant a reasonable extension of the period of time to correct the building violation if the violator has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period specified on the administrative citation. The director’s decision shall be in writing and is final. The filing for such an extension does not, unless granted, extend the correction period or any other time periods set by this chapter.

C. If a building violation has not been corrected by the end of the correction period specified on the administrative citation, the enforcement officer has authority to issue to the responsible person a second administrative citation containing a notice of noncorrection. The violator to whom the notice of noncorrection is issued shall be liable for and shall pay to the city the fine(s) described in the administrative citation, which fine(s) shall be due on the date the second administrative citation is issued. Additional administrative citations may be issued and fines imposed for every day the violation continues uncorrected from the date the second administrative citation is issued.

D. If, upon reinspection, the enforcement officer determines the violation has been corrected, he or she will issue a notice of decision to the violator indicating correction has been made. [Ord. 2010-126 § 1 (Exh. A)].

Each administrative citation shall contain the following information:

A. Name of the responsible person for the violation of this code.

B. Date(s) on which the code violation existed or occurred.

C. Address where the code violation occurred.

D. The code section violated.

E. Description of the violation.

F. Designation of the issuing department for the code section(s) violated.

G. Amount of the fine for the violation and procedure to pay the fine and avoid a late payment penalty.

H. Designation of a building violation (if applicable), date the correction period expires, and how to request an extension of that period, and designation of a notice of noncorrection (if applicable) for a building violation that has not been corrected.

I. Designation of prior administrative citations issued for the same code violation, if known by the enforcement officer.

J. Description of the procedure for requesting a hearing to contest an administrative citation.

K. Signature of the enforcement officer issuing the administrative citation.

L. Date the administrative citation is issued.

M. A self-addressed envelope in which the violator can send to the city the fine or a request for a hearing to contest an administrative citation.

N. Any other information deemed necessary by the city attorney for enforcement or collection purposes. [Ord. 2010-126 § 1 (Exh. A)].

An administrative citation may be served as follows:

A. An enforcement officer may personally serve the administrative citation on the violator. The violator is required to sign a copy of the administrative citation showing his or her receipt of the administrative citation.

B. An enforcement officer may mail the administrative citation by first class mail, if the violator is not present for personal service at the time the officer determines there has been a violation. The administrative citation shall be mailed to the violator’s address shown on the county’s last equalized property tax assessment rolls for a property-related violation, or to any address known for the violator for all other violations.

C. An enforcement officer may post a copy of the administrative citation on the property in a conspicuous place for a property-related violation when the violator resides at an unknown address other than where the violation occurs. A copy of the administrative citation will also be mailed to the violator at the property address. [Ord. 2010-126 § 1 (Exh. A)].

Administrative fines shall be assessed in the amounts specified by resolution of the city council or, where no amount is specified, as follows:

A. A fine not exceeding $100.00 for a first violation.

B. A fine not exceeding $200.00 for a second violation of the same code provision, ordinance or permit condition within one year from the date of the first violation.

C. A fine not exceeding $500.00 for each additional violation of the same code provision, ordinance or permit condition within one year from the date of the first violation.

D. The fine amounts for infractions set forth in AVMC 1.06.010(C) shall not apply to this chapter and shall in no way limit the amounts which may be imposed for administrative fines.

E. The city may use all appropriate legal means to collect the fines imposed pursuant to this chapter. [Ord. 2010-126 § 1 (Exh. A)].

A. Fines shall be made payable to the city and delivered to the director of the issuing department within 15 business days from the date the administrative citation is issued.

B. Payment of a fine shall not excuse the violator from correcting the code violation. The issuance of an administrative citation and/or payment of a fine does not bar the city from taking any other enforcement action regarding a code violation that is not corrected, including issuing additional administrative citations and/or filing criminal complaints.

C. In the event that a fine imposed pursuant to an administrative citation remains unpaid for 90 days after such administrative citation is issued, the amount of such fine shall be doubled as a late penalty and become due immediately. In the event that the violator requests an administrative hearing pursuant to AVMC 1.06.140, the late penalty will be assessed if the fine remains unpaid 60 days after final decision by the hearing officer, as provided herein. [Ord. 2010-126 § 1 (Exh. A)].

A violator may contest an administrative citation by filing an appeal pursuant to Chapter 1.10 AVMC except that an appeal for a building violation may not be filed unless and until a second civil citation containing a notice of noncorrection is issued. In addition to any appeal fee required by Chapter 1.10 AVMC, the violator shall deposit the full amount of the fine(s) imposed pursuant to an administrative citation in order to contest the administrative citation. [Ord. 2010-126 § 1 (Exh. A)].

A. After the final decision is rendered in the appeal process pursuant to Chapter 1.10 AVMC, any party wishing to contest it may seek judicial review of the hearing officer’s decision by filing an appeal with the superior court having jurisdiction over the violation within 20 calendar days from the date of issuance of the notice of decision in accordance with the provisions of California Government Code Section 53069.4. The appeal filed with the superior court must also contain a proof of service showing a copy of the appeal was served upon the city. The violator must pay to the superior court a $25.00 filing fee when the appeal is filed.

B. No appeal is permitted from a decision on a request for an extension of the correction period specified on the administrative citation for building violations or where the violator is deemed to have abandoned the contest of the administrative citation by an unexcused nonappearance at the hearing or failure to deposit the fine. [Ord. 2010-126 § 1 (Exh. A)].