Arcadia Municipal Code Ch. 4A Administrative Citations

(A) This Chapter provides for administrative citations, which are in addition to all other legal remedies, criminal, civil or administrative, which may be pursued by the City to address any violation of this Code.

(B) Use of this Chapter shall be at the sole discretion of the City.

(Amended by Ord. 2073 adopted 6-17-97)

(Amended by Ord. 2304 adopted 12-4-12)

For purposes of this Chapter, "enforcement officer" shall mean any City employee or agent of the City with the authority to enforce any provision of this Code.

(A) Whenever an enforcement officer charged with the enforcement of any provision of this Code determines that a violation of that provision has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation. Prior to issuance of an administrative citation for any continuing violation relating to building, plumbing, electrical, or zoning regulations, that do not create an immediate danger to health or safety, the enforcement officer shall first issue a courtesy notice providing a reasonable period of time, as determined by the enforcement officer based on the circumstances, to correct the violations. If said violations are not completely corrected within that correction period, the enforcement officer may issue administrative citations for these violations. Nothing herein shall prevent the City from immediately issuing administrative citations for other violations.

(B) Each administrative citation shall contain the following information:

1. The date of the violation;

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

3. The Section of this Code violated and a description of the violation;

4. The amount of the fine for the Code violation;

5. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

6. An order prohibiting the continuation or repeated occurrence of the Code violation described in the administrative citation;

7. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and

8. The name and signature of the citing enforcement officer.

(Amended by Ord. 2304 adopted 12-4-12)

(A) The amounts of the fines for Code violations imposed pursuant to this Chapter shall be set forth in the schedule of fines established by resolution of the City Council.

(B) The schedule of fines shall specify any increased fines for repeat violations of the same Code provision by the same person within thirty-six (36) months from the date of an administrative citation.

(C) The schedule of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date.

(A) The fine shall be paid to the City within thirty (30) days from the date of the administrative citation.

(B) Any administrative citation fine paid pursuant to Subsection (A) shall be refunded in accordance with Section 1429 if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

(C) Payment of a fine under this Chapter shall not excuse or discharge any continuation or repeated occurrence of the Code violation that is the subject of the administrative citation.

(A) Any recipient of an administrative citation may contest that there was a violation of the Code or that he or she is the responsible party by completing a request for hearing form and returning it to the City within thirty (30) days from the date of the administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to Section 1426.

(B) A request for hearing form may be obtained from the department specified on the administrative citation.

(C) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.

(D) If the enforcement officer submits an additional written report concerning the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five (5) days prior to the date of the hearing.

(A) Any person who intends to request a hearing to contest that there was a violation of the Code or that he or she is the responsible party and who is financially unable to make the advance deposit of the fine as required in Section 1425(A) may file a request for an advance deposit hardship waiver.

(B) The request shall be filed with the Administrative Services Department on an advance deposit hardship waiver application form, available from the Administrative Services Department within ten (10) days of the date of the administrative citation.

(C) The requirement of depositing the full amount of the fines as described in Section 1425(A) shall be stayed unless or until the Administrative Services Director makes a determination not to issue the advance deposit hardship waiver.

(D) The Administrative Services Director may waive the requirement of an advance deposit as set forth in Section 1425(A) and issue the advance deposit hardship waiver only if the cited party submits to the Administrative Services Director a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the Administrative Services Director the person's actual financial inability to deposit with the City the full amount of the fine in advance of the hearing.

(E) If the Administrative Services Director determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the City within ten (10) days of the date of that decision or thirty (30) days from the date of the administrative citation, whichever is later.

(F) The Administrative Services Director shall issue a written determination listing the reasons for his or her determination to issue or not issue the advance deposit hardship waiver. The written determination of the Administrative Services Director shall be final.

(G) The written determination of the Administrative Services Director shall be served upon the person who applied for the advance deposit hardship waiver.

The Hearing Officer shall be those persons currently designated as Parking Hearing officials for the City of Arcadia or may be other persons as the City Manager shall designate as Hearing Officer for the administrative citation hearing.

(A) No hearing to contest an administrative citation before a Hearing Officer shall be held unless the fine has been deposited in advance in accordance with Section 1425 or an advance deposit hardship waiver has been issued in accordance with Section 1426.

(B) A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this Chapter.

(C) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.

(D) The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

(E) The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

(F) 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.

(A) After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold or cancel the administrative citation and shall list in the decision the reasons for that decision. The decision of the Hearing Officer shall be final.

(B) If the Hearing Officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City.

(C) If the Hearing Officer determines that the administrative citation should be upheld and the fine has not been deposited pursuant to an advance deposit hardship waiver, the Hearing Officer shall set forth in the decision a payment schedule for the fine.

(D) If the Hearing Officer determines that the administrative citation should be canceled and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine, together with interest at the average rate earned on the City's portfolio for the period of time that the fine amount was held by the City.

(E) The recipient of the administrative citation shall be served with a copy of the Hearing Officer's written decision.

(F) The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the Hearing Officer.

Any person who fails to pay to the City any fine imposed pursuant to the provisions of this Chapter on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines.

The City may collect any past due administrative citation fine or late payment charge by use of all available legal means. The City also may recover its collection costs pursuant to Section 1425.

Any person aggrieved by an administrative decision of a Hearing Officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Santa Anita Municipal Court in accordance with the time lines and provisions set forth in California Government Code Section 53069.4.

(A) The administrative citation and all notices required to be given by this Chapter shall be served on the responsible party in accordance with the following:

Whenever a notice is required to be given under this Code, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States Mail, in a sealed envelope postage prepaid, addressed to such person to be notified at his last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

(B) Failure to receive any notice specified in this Chapter does not affect the validity of proceedings conducted hereunder.

(Chapter 4A added by Ord. 2056 adopted 8-20-96)