Chapter 1.20 — CIVIL CITATIONS

Sections:

1.20.010 Application of chapter.

1.20.020 Definitions.

1.20.030 Notices of violation.

1.20.035 Preliminary review.

1.20.040 Civil citations.

1.20.050 Citation contents.

1.20.060 Service of citations and notices.

1.20.070 Civil fines.

1.20.080 Request for administrative review.

1.20.090 Waiver of fine deposit.

1.20.100 Administrative review.

1.20.110 Decision and administrative order.

1.20.120 Judicial review.

1.20.130 Collection of unpaid fines.

• Prior ordinance history: Ords. 3190, 5774.

Cross-reference:

For code adoption and construction, including violations and enforcement, see Chapter 1.01

For uniform codes pertaining to building and construction, including violations and enforcement, seeChapter 15.02

.010 This chapter makes any violation of the provisions of this Code subject to civil fines as herein set forth.

.020 This chapter establishes the administrative procedure for the imposition, enforcement, collection, and administrative review of civil fines pursuant to Government Code Section 53069.4 and the City's general police power as a charter city.

.030 The purpose of issuing civil citations pursuant to this chapter is to encourage voluntary and complete compliance with the provisions of this Code without the imposition of criminal penalties.

.040 The issuance of a civil citation under this chapter is solely at the City's discretion and is only one option the City has to address violations of this Code. By adopting this chapter, the City does not intend to limit its discretion, or the discretion of its officers and employees, to use any other remedy, civil or criminal, which may be available in a particular case. The procedure set forth in this chapter may be used as an alternative to, or in conjunction with, any other available civil and/or criminal remedies. (Ord. 5930 1 (part); July 27, 2004.)

The following words and terms as used in this chapter shall have the meanings hereinafter respectively set forth:

.010 “Building violation” shall mean any violation of any of the uniform codes adopted pursuant toChapter 15.02 of this Code, or any violation of the zoning regulations set forth in Title 18 of this Code, except (i) any violation which creates an imminent danger to health or safety, or (ii) the unlawful display of any temporary or portable sign(s), or (iii) the unlawful display of any flag(s), banner(s) or balloon(s).

.020 “Citation” or “civil citation” shall mean a civil citation issued pursuant to this chapter stating that there has been a violation of one or more provisions of this Code.

.030 “Citee” shall mean a person given a citation charging such person with a violation of this Code.

.040 “City” shall mean the City of Anaheim, California.

.050 “Code” shall mean the Anaheim Municipal Code.

.060 “Code Enforcement Officer” shall mean each of those certain employees of the City described in Section1.01.389 of the Anaheim Municipal Code.

.070 “Correction period” shall mean the period of time allowed for a citee to correct a violation shown on a citation.

.080 “Department” shall mean the Planning Department of the City of Anaheim.

.090 “Director” shall mean the Planning Director of the Department or his or her designee.

.100 “Division,” “Code Enforcement Division,” or “Code Enforcement Office” shall mean the Code Enforcement Division of the Department.

.110 “Hearing Officer” shall mean an Employee Hearing Officer as such term is defined in Section1.12.110 of the Anaheim Municipal Code.

.120 “Issued” shall mean the date a citation is delivered to a citee, or the date a notice of violation is delivered to the intended recipient thereof, and shall be deemed either: (i) the date when the citation or notice is personally served upon the citee or recipient, (ii) the date it is mailed to the citee or recipient, or (iii) the date it is posted on the real property where a property- related violation exists. In the event the citation or notice is served or delivered by more than one of the above specified methods, such date shall be deemed the earliest of such dates.

.130 “Manager” shall mean the Code Enforcement Manager of the City of Anaheim or his or her designee.

.140 “Notice of decision” shall mean a form prepared by the Division and used to inform a citee of any decision made pursuant to any provision of this chapter.

.150 “Person” shall mean a natural person, partnership, corporation, joint venture or any other legal entity, regardless of form, and the owners, corporate officers, trustees, and general partners of a legal entity.

.160 “Responsible person” or “person responsible” shall mean any of the following:

.01 A person who causes any violation of this Code to occur;

.02 A person who maintains or allows any violation of this Code over which such person has control to continue, by his or her action or failure to act;

.03 A person whose agent, employee, or independent contractor causes any violation of this Code, by its action or failure to act;

.04 A person who is the owner, or lessee or sublessee with a current right of possession, of real property upon which a property-related violation of this Code occurs or exists;

.05 A person who is the on-site Manager of a business who normally works at the site when the business is open and is responsible for the activities at such premises;

.06 A person who is the beneficiary under a deed of trust for the property upon which a property-related violation exists, and who has not corrected the violation within thirty (30) days after being notified by a Code Enforcement Officer in writing that: (i) such violation exists, (ii) the trustee under the deed of trust is no longer living on the property, and (iii) such trustee's whereabouts are unknown to the City;

.07 A minor who personally commits any violation of this Code and, jointly and severally, any parent or guardian of any such minor.

There shall be a rebuttable presumption that the record owner of a parcel, according to the County of Orange's latest equalized property tax assessment rolls, and any lessee or sublessee of a parcel has notice of any Code violation existing on the property. For purposes of this chapter, there may be more than one responsible person for a violation. (Ord. 5930 1 (part); July 27, 2004; Ord. 6054 § 1; April 24, 2007.)

.010 Building Violations. When a Code Enforcement Officer determines that a building violation exists, a notice of violation shall be issued allowing a correction period of thirty (30) days, or such longer correction period as may be specified in the notice, for correction of the violation, and the person receiving such notice shall correct the violation within such period. Notwithstanding any other provision of this chapter, no person responsible for a building violation shall be issued a citation for such violation unless the violation continues to exist after the thirty-day period, or such longer specified period as allowed for its correction, including any extension period approved pursuant to subsection .030 of this section.

.020 Other Violations. When a Code Enforcement Officer determines that any violation of this Code exists which such Code Enforcement Officer is authorized to enforce, other than a building violation, the officer may issue a notice of violation, allowing a period for the correction of the violation and, if so issued, the person receiving such notice shall correct the violation within such period, or within any extension thereof, as approved pursuant to subsection .030 of this section.

.030 The recipient of a notice of violation may request an extension of any correction period, provided such request is filed with the Manager before the specified correction period expires. The Manager shall grant a reasonable extension of the period of time to correct the violation, if the recipient thereof has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period specified in the notice, or that mitigating or extenuating circumstances exist which reasonably require an extension of the correction period. The filing of a request for such an extension does not, unless and until granted, extend the correction period or any other time periods set forth in this chapter.

.040 If a violation has not been corrected by the end of the correction period, the Code Enforcement Officer has authority to issue a citation to any person(s) responsible therefor pursuant to this chapter. The citee shall be liable for and shall pay to the City the fine(s) described in the citation, which fine(s) shall be due on the date the citation is issued. Additional civil citations may be issued and fines imposed for every day the violation continues uncorrected after the date the first citation is issued, provided that no additional civil citations shall be issued and additional civil fines shall not be imposed until expiration of any correction period provided.

.050 Nothing contained in this section shall require the issuance of any additional notice of violation or any additional correction period after issuance of any civil citation and prior to issuance of any subsequent civil citation for any continuing violation or subsequent violation of the same Code provision provided not more than one additional civil citation shall be issued for any continuing violation or subsequent violation for each period of time since the issuance of the most recent civil citation which period is equal to the original correction period given or required (not including any time extensions to the original correction period).

.060 Any additional civil citation(s) issued following the timely filing of a request for administrative review and prior to any administrative review hearing held pursuant to § 1.20.100 for a prior civil citation involving a continuing violation of subsequent violation of the same Code provision shall be adjudicated by the Hearing Officer at the same time as the hearing and decision on the prior civil citation (s) provided the party cited has timely requested administrative review of such additional citation(s) and made the required fine deposit(s) or received a waiver thereof prior to the date of such administrative review hearing.

.070 Nothing contained in this section shall prevent the use of any other civil or criminal remedies for continuing or subsequent violations of the same Code provision during the period a civil citation is under administrative or judicial review. (Ord. 5930 1 (part); July 27, 2004; Ord. 6054 §§ 2, 3; April 24, 2007.)

.010 A responsible person issued a notice of violation pursuant to this chapter may request a preliminary review, if the request is received by the Department within ten (10) days of the date the notice is issued.

.020 To obtain a preliminary review, the responsible person or his or her representative shall contact the Department at City Hall and bring a copy of the notice of violation and file a signed written request, stating the reasons why and any evidence showing no violation occurred or exists, or why he or she is not a person responsible for the violation. All filed requests shall be date stamped upon receipt by the department.

.030 The preliminary review shall be conducted by the Manager or his or her designee. The reviewer shall not be the Code Enforcement Officer who issued the notice. The purpose of the review is to uncover and cancel any mistakenly issued notices due to errors that are readily verifiable, and not to resolve factual disputes concerning any violation that is the subject of the notice.

.040 The preliminary review shall be decided on the same day filed, or within three (3) business days thereafter, and shall consist of a review of the notice of violation and the written statement and any other evidence submitted at the time of the request by the responsible person.

.050 The recipient shall be notified of the results of the review by being given a written notice of decision. The notice may be given by mail, facsimile transmission, or in person. The department shall keep a record of all preliminary review requests,

decisions, and notices for a minimum period of two (2) years.

.060 A request for preliminary review does not extend any time periods for compliance, including the fine due date, the time any correction period ends, or the time within which to request an administrative review.

.070 If, following a preliminary review, the reviewer determines that no Code violation occurred or that the recipient was not a person responsible for the violation, the notice of violation shall be canceled. (Ord. 5930 1 (part); July 27, 2004.)

.010 Any Code Enforcement Officer, upon determining that a provision of this Code which he or she is authorized and charged to enforce has been violated, has the authority to issue a civil citation to any person(s) responsible therefor. A Code Enforcement Officer may issue a citation for a violation not committed in the Officer's presence if the Officer has determined through investigation that the responsible person cited did commit the violation. A responsible person to whom a citation is issued shall be liable for and shall pay to the City the fine(s) described in the citation when due pursuant to the provisions of this chapter.

.020 Each day a violation of this Code exists shall be a separate violation and shall be subject to a separate civil citation and fine, subject to the limitations set forth in Section 1.20.030.040 of this chapter. A citation may charge a violation for one or more days on which a violation exists, and for violation of one or more Code provisions. (Ord. 5930 1 (part); July 27, 2004.)

Each citation issued pursuant to this chapter shall contain, at a minimum, the following information:

.010 Name of the person responsible for the violation of any provision of this Code.

.020 Date on which the Code violation occurred or, in the case of a continuing violation, the date the Code violation was first known or observed to have occurred by the Code Enforcement Officer issuing the citation.

.030 The Code section(s) violated.

.040 Address of the property where the Code violation occurred. In the event the property does not have a legal address, or such address is unknown to the Code Enforcement Officer, a description of the property reasonably sufficient to identify the site of the violation shall be sufficient.

.050 Description of the violation(s).

.060 Amount of the fine for each violation, and procedure to pay the fine(s) and avoid a late payment penalty and/or any interest charges.

.070 Description of the procedure for requesting a waiver of fine deposit and/or an administrative review to contest the citation.

.080 Signature of the Code Enforcement Officer issuing the citation.

.090 Date the citation is issued.

.100 A self-addressed envelope in which the citee can mail or deliver to the City the fine, or request a waiver of fine deposit or request an administrative review.

.110 Any other information deemed necessary or appropriate by the Code Enforcement Officer or Manager. (Ord. 5930 1 (part); July 27, 2004.)

Any citation or notice issued or given pursuant to any provision of this chapter may be served, and shall be deemed received on the date when served, in any of the following manners:

.010 A Code Enforcement Officer may personally serve the notice or citation on the responsible person or citee. When personally served, the responsible person or citee shall be requested to sign a copy of the notice or citation showing his or her receipt thereof. If the responsible person refuses or otherwise fails to sign the notice or citation, the Code Enforcement Officer shall so indicate on the notice or citation. Neither the refusal or failure of the responsible person or citee to sign the notice or citation, nor the failure of the notice or citation to contain all of the information otherwise required by any provision of this chapter, shall affect the validity of the notice or citation or the validity of its service.

.020 A Code Enforcement Officer may mail the notice or citation by first class mail, if the responsible person or citee is not present for personal service when the Officer issues the notice or citation. When served by mail, the notice or citation shall be mailed to the citee'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 citee for all other violations.

.030 A Code Enforcement Officer may post a copy of the notice or citation in a conspicuous place on the property on which any property-related Code violation exists or existed. When served by posting, a copy of the notice or citation shall also be mailed by first class mail to the responsible person or citee at the address of the property where the violation exists or existed. Failure of the responsible person or citee to receive the posted or mailed copy of the notice or citation, or both, shall not affect the validity of the notice or citation or the validity of its service.

.040 Any notice or order required or authorized to be given by the Manager or the Hearing Officer, or their designees, pursuant to any provision of this chapter shall be given in the manner provided in this section. (Ord. 5930 1 (part); July 27, 2004.)

.010 The amount of the fines for violating particular provisions of this Code shall be as set forth in a schedule of fines adopted by resolution of the City Council of the City. The schedule may include escalating fine amounts for repeat violations occurring within specified periods of time. Unless such schedule of fines as adopted by said resolution of the City Council separately and specifically sets forth the amount of the fines for violations of Title 18 of the Anaheim Municipal Code relating to temporary or portable signs, flags, banners or balloons, the amount of the fine for any such violation shall be twice the otherwise applicable amount set forth in said schedule.

.020 The schedule of fines may also specify the amount of interest and/or late payment penalty, if any, owed for any fine not paid when due. Any interest and/or late payment penalty shall be imposed for fines not paid within thirty (30) days of their due date, or such other time as specified in the resolution adopting and specifying said interest and/or penalties.

.030 Fines are due on the date the citation is issued, except, when a fine deposit has been waived pursuant to Section 1.20.090 of this chapter and the Hearing Officer thereafter upholds the citation and the amount of the fine, in whole or part, the fine amount shall be due on the date notice of the decision is given to the citee by the Hearing Officer, as provided in this chapter.

.040 Any civil fine(s), penalties and interest due pursuant to this chapter shall be paid to the City Finance Department at such location or address as designated by the Manager.

.050 Payment of a civil fine shall not excuse the citee from correcting the Code violation for which the citation was issued. The issuance of a 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 civil citations, nor bar any other civil or criminal enforcement action(s) as may be authorized by law for any uncorrected or subsequent violation of the same or any other Code provision.

.060 Any civil fine imposed pursuant to the provisions of this chapter shall be separate and apart from any reinspection fee(s) due pursuant to Section 1.01.389 or any other applicable provision of this Code. (Ord. 5930 1 (part); July 27, 2004: Ord. 6054 § 4; April 24, 2007.)

.010 Any person receiving a civil citation may contest it by filing a request for an administrative review within the time provided herein. To obtain an administrative review, the citee shall file a signed written application in the form prescribed by the City, specifying the grounds for contesting the citation and fine. A citee may only contest the citation on one or more of the following grounds: (i) by denying that a violation occurred, (ii) by denying that a violation was not corrected within any applicable correction period, (iii) by denying that the citee is a responsible person for the violation, or (iv) by denying that the circumstances warrant imposition of the fine(s) prescribed.

.020 Any application request for administrative review must be received by the City within thirty (30) days of the date the citation was issued, and be accompanied by a deposit of the full amount of the fine or an application for waiver of the fine deposit pursuant to Section 1.20.090 of this chapter. The request for administrative review shall not be accepted for filing, if not accompanied by either a deposit of the full amount of the fine or an application for waiver of the fine deposit which conforms to the provisions of Section 1.20.090. When an application for administrative review and fine deposit and/or an application for waiver of fine deposit are mailed by the citee, the application(s) and fine shall be deemed filed on the date received by the City. All applications shall be date stamped on the date received by the City. The Manager may reject any application which is not timely received by the City. (Ord. 5930 1 (part); July 27, 2004.)

.010 A person filing an application for administrative review may also request at the same time a waiver of the fine deposit on the grounds of financial hardship. To request such a waiver, the citee shall file with the City a signed written application in the form prescribed by the City, specifying the reasons the citee is unable to make the fine deposit at such time. Such application must be made within thirty (30) days of the date of the citation, and must accompany the request for administrative review made pursuant to Section 1.20.080 of this chapter.

.020 Within ten (10) days following the receipt of a timely application for waiver of the fine deposit, the Manager shall provide notice to the citee of the time, date and place of a hearing upon such application for waiver of the fine deposit, which hearing date shall be not sooner than ten (10) days nor later than (20) days following the date notice of such hearing is given to the citee.

.030 The citee bears the burden of establishing that he or she does not have the financial ability to make the fine deposit. The citee shall personally appear at the hearing and provide evidence sufficient to establish his or her inability to make the fine deposit. Failure of the citee to personally appear at the hearing shall constitute an abandonment of the application for waiver of the fine deposit.

.040 The request shall be decided by the Manager at a hearing which shall be held prior to the administrative review contesting the citation. Within ten (10) days following the conclusion of the hearing on the waiver request, the Manager shall issue a written decision that the fine deposit is or is not waived, and specifying the reasons therefor. The Manager shall consult

with the Hearing Officer, and shall include with the notice of decision notice of the hearing date set for the administrative review, which shall be not sooner than ten(10) days nor more than thirty (30) days following the date notice of such decision is given by the Manager.

.050 If the waiver is denied, the Manager shall give the citee a self-addressed envelope to use in making the fine deposit. The citee shall mail or deliver the deposit in the envelope provided so that it is postmarked or personally delivered at least three (3) business days before the date designated for the administrative review hearing. The Manager is authorized to designate the address to which the deposit is to be mailed or delivered. Failure to make the deposit by the time required shall be deemed an abandonment of the contest.

.060 The filing of an application for hardship waiver of the fine deposit does not extend the time within which to request an administrative review or any other time set forth in this chapter, except as provided in subsection .050 above. The decision of the Manager on the waiver of the fine deposit is final and not subject to judicial review pursuant to Section 1.20.120. (Ord. 5930 1 (part); July 27, 2004.)

.010 Hearings shall be conducted by the Hearing Officer at a time, date and location set by the Hearing Officer, which date shall be at least ten (10) days but not more than thirty (30) days after the date upon which the citee requests an administrative review, accompanied by the fine deposit, unless otherwise agreed to by the citee and the Hearing Officer. The citee shall be given at least ten (10) days advance notice of such hearing date.

.020 The Manager shall ensure that the pertinent citation records for a citation set for hearing are delivered to the Hearing Officer. Before the hearing, the Manager shall also make available to the citee a copy of any additional reports concerning the citation that are provided to the Hearing Officer.

.030 The citee shall be given the opportunity to testify and to present evidence relevant to the alleged violation(s) specified in the citation, and/or mitigating circumstances warranting a waiver of or imposition of a lesser fine, and/or any other evidence relevant to the decision as determined by the Hearing Officer. A parent, guardian or legal representative must accompany any citee who is under 18 years of age at the hearing, or any request or contest shall be deemed abandoned.

.040 The citation and any other reports prepared by the Code Enforcement Officer, or prepared at his or her request, concerning the Code violation shall be accepted by the Hearing Officer as prima facie evidence of the code violation and the facts stated in such documents.

.050 Neither the Code Enforcement Officer nor any other representative of the city shall be required to attend the hearing, nor shall the Hearing Officer require that there be submitted any evidence of the violation, other than the citation, that may exist among the public records of the city. However, any such appearance and/or submission may be made at the discretion of the Code Enforcement Officer or any city employee or agent.

.060 The Hearing Officer may continue a hearing if a request is made by the citee, or the citee's representative, or the representative of the city, upon a showing of good cause. All continuance requests shall either: (i) be made in person at the hearing, or (ii) be made by a written request received by the Hearing Officer at least twenty-four (24) hours before the scheduled time of the hearing. If the continuance is granted, a new hearing date shall be set for a date not later than fifteen (15) days after the previously scheduled hearing date, unless otherwise mutually agreed by the citee and the Manager. If the continuance is denied, the hearing shall proceed as scheduled and, if the citee is not present, the request shall be deemed abandoned in accordance with subsection .080 below. The decision on the continuance request is final, and the notice shall either be delivered personally to the citee or the representative if present, or be mailed by the Department. If the request for continuance is not made in person, the citee is responsible for determining whether the request is denied and the hearing is to proceed as scheduled.

.070 The hearing shall be conducted informally and the legal rules of evidence need not be followed. Each party shall have an opportunity present evidence and witnesses in support of his or her case. The City bears the burden of proof to establish a violation of the Code. The citation is prima facie evidence of the violation, and the Enforcement Officer who issued the citation is not required to participate in the hearing. The Hearing Officer shall use preponderance of the evidence as the standard of evidence in deciding the issues. The Hearing Officer shall not have the authority to issue subpoenas.

.080 The failure of the citee to appear at the hearing, unless the hearing was continued to another date pursuant to subsection .060 above, shall constitute an abandonment of the request for waiver of the fine deposit and/or administrative review, and a failure to exhaust administrative remedies concerning the violation as set forth in the citation. The fine deposit shall be credited by the City to the fine due for the violation. The citee's failure to appear shall be noted on the notice of decision by the Hearing Officer, and it shall be mailed to the citee.

.090 The Hearing Officer's continued employment, performance evaluation, compensation, and benefits shall not be linked, directly or indirectly, to the number of citations upheld or canceled by such Hearing Officer. (Ord. 5930 1 (part); July 27, 2004.)

.010 At the conclusion of the administrative review hearing, or within fifteen days thereafter, the Hearing Officer shall render a decision as follows:

.0101 Determine that the violation for which the citation was issued occurred, and impose a fine in the amount set forth in the fine schedule adopted by the City Council, and if the violation has not been corrected as of the date of the hearing, order correction of the violation; or

.0102 Determine that the violation for which the citation was issued occurred, but that the citee, or his or her representative, has introduced credible and substantial evidence of mitigating circumstances warranting imposition of a lesser fine than that prescribed in the fine schedule adopted by the City Council, or no fine at all, and imposing such lesser fine, if any, and if the violation has not been corrected as of the date of the hearing, order correction of the violation; or

.0103 Determine that the violation for which the citation was issued did not occur, or that the condition did not constitute a violation of the Code, or that the citee is not a responsible person for such violation, and order that the citation shall be canceled.

.020 The Hearing Officer shall issue a written decision entitled "Notice of Decision and Administrative Order" (hereinafter the "Administrative Order") no later than fifteen (15) days after the date on which the administrative review hearing is concluded. The Administrative Order shall be served upon the citee by first class mail or by any other method set forth in Section 1.20.060 of this chapter. The Administrative Order shall become final on the date of mailing or other service, and shall notify the citee of his or her right to judicial review as provided in Section 1.20.120 of this chapter. The Administrative Order shall also either: (i) set a deadline for compliance with its terms, in the absence of a timely filed appeal for judicial review as provided in Section 1.20.120, or following a denial of such appeal, which deadline shall be not less than twenty days from either the date of mailing or other service of the Administrative Order or the date of denial of any appeal for judicial, whichever date is later; or (ii) if the Hearing Officer determines, as described in paragraphs .0102 or .0103 of subsection .010 above, and the citee has made the fine deposit, order a partial or full refund of the deposit.

.030 In the event the citee fails to comply with any final Administrative Order directing abatement of a continuing violation of the Code, the City may exercise any civil or criminal remedy available under the Code, or otherwise provided by law, to gain compliance with the Administrative Order. For purposes of this subsection, the term “continuing violation” shall mean a single, ongoing condition or activity in violation of the Code. (Ord. 5930 1 (part); July 27, 2004.)

.010 The citee may seek judicial review of the administrative review decision, by filing an appeal with the superior court within twenty (20) calendar days after the citee receives a copy of the notice of decision following the conclusion of the hearing, in accordance with the provisions of California Government Code section 53069.4. The appeal filed with the court shall also contain a proof of service, showing a copy of the appeal was served upon the Anaheim City Attorney's Office. The citee must pay to the superior court the statutory filing fee when the appeal is filed. If the citee fails to file a timely notice of appeal for judicial review, the Administrative Order shall be deemed final.

.020 No appeal is permitted from a decision regarding:

.0201 A request for preliminary review;

.0202 An extension of the correction period for any violation;

.0203 A request for waiver of the fine deposit;

.0204 A decision the citee is deemed to have abandoned the contest of due to his or her failure to appear at the hearing or failure to make the fine deposit.

.030 The city attorney shall forward to the superior court, within fifteen (15) days of its request, the pertinent citation documents for any case appealed to that court. If the superior court cancels any citation, the city will refund any fine deposit made. (Ord. 5930 § 1 (part); July 27, 2004.)

.010 The city, at its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid fines, interest and penalties, including the recordation of a lien pursuant to Section 1.20.140 of this chapter. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines, interest and penalties owed by a person under this chapter have been collected.

.020 Notwithstanding any other provision of this Code, the city may refuse to issue, extend, or renew any discretionary city permit or entitlement, or other discretionary city approval, to any person, who has unpaid delinquent fines, interest, penalties, liens or assessments due under this chapter, related to the permit, entitlement or approval. (Ord. 5930 § 1 (part); July 27, 2004.)

.010 Unpaid Fines Shall Constitute a Lien on the Property.

.0101 Whenever the amount of any administrative fine imposed by the Hearing Officer pursuant to this chapter in connection with real property has not been satisfied in full, including any applicable interest and penalties, within thirty (30) days, and/or has not been successfully challenged by a judicial review pursuant to Section 1.20.120 above, such obligation shall constitute a lien against the real property on which the violation occurred.

.0102 The lien provided herein shall have no force and effect until recorded with the County Recorder. Once recorded, the Administrative Order shall have the force and effect and priority of a judgment lien governed by the provisions of Section 697.340 of the Code of Civil Procedure, and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

.0103 Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law.

.0104 Prior to recording any such lien, the Manager shall prepare and file with the City Clerk a report stating the amounts due and owing.

.0105 The City Clerk shall fix a time, date, and place for hearing such report and any protests or objections thereto by the City Council of the City

.0106 The Manager shall cause written notice to be served on the property owner not less than ten (10) days prior to the time set for the hearing. Such notice shall be served as provided in Section 1.20.060 of this chapter.

.020 Public Hearing and Protests.

.0201 Any person whose real property is subject to a lien pursuant to subsection .010 above may file a written protest with the City Clerk, and/or may protest orally at the public hearing held by the City Council.

.0202 Each written protest must contain a description of the property in which the protesting party has interest and the grounds of such protest.

.0203 The City Council shall conduct the public hearing and, following the conclusion thereof, shall adopt a resolution confirming, discharging or modifying the amount of the lien.

.030 Recording of Lien. Following the adoption of a resolution by the City Council imposing a lien pursuant to this section, the City Clerk shall file the same as a judgment lien in the Office of the County Recorder of Orange County, California. The lien may carry such additional penalties and interest as set forth by resolution of the City Council.

.040 Satisfaction of Lien. Once payment in full is received by the City for all outstanding amounts due pursuant to said lien, including all accumulated penalties and interest, the Manager shall either record a notice of satisfaction or provide the property owner or any interested financial institution with a notice of satisfaction, in a form which may be recorded with the Office of the County Recorder. Such notice of satisfaction shall cancel the City's lien. (Ord. 5930 § 1 (part); July 27, 2004.)