Arcadia Municipal Code Ch. 4B Administrative Remedies

(A) This Chapter provides for administrative remedies, 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)

For purposes of this Chapter, "Director" means the head of any City department which is charged with responsibility for enforcement of any provision of this Code.

For purposes of this Chapter, Hearing Officer shall be a neutral person as designated by the City Manager and City Attorney.

(A) Whenever the Director determines that a violation of any provision of this Code within the Director's responsibility is occurring or exists, the Director may issue a written compliance order to any person responsible for the violation.

(B) A compliance order issued pursuant to this Chapter shall contain the following information:

1. The date and location of the violation;

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

3. The actions required to correct the violation;

4. The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved;

5. Either a copy of this Chapter or an explanation of the consequences of noncompliance with this Chapter and a description of the hearing procedure and appeal process.

(A) All notices required by this Chapter shall be served as provided in Section 1433 of this Code.

(B) Where real property is involved, written notice shall be mailed to the property owner at the address shown on the last equalized County assessment roll.

(C) Where personal service or service by mail upon the property owner is unsuccessful, a copy of the order shall be conspicuously posted at the property which is the subject of the order.

(D) The failure of any person to receive any notice required under this Chapter shall not affect the validity of any proceedings taken under this Chapter.

(A) If the Director determines that all violations have been corrected within the time specified in the compliance order, no further action shall be taken.

(B) If full compliance is not achieved within the time specified in the compliance order, the Director shall set a hearing before the Hearing Officer.

(C) The Director shall cause a written notice of hearing to be served on the violator and, where real property is involved, a notice of hearing shall be served on the property owner at the address as it appears on the last equalized County assessment roll available on the date the notice is prepared.

(A) Every notice of hearing on a compliance order shall contain the date, time and place at which the hearing shall be conducted by the Hearing Officer.

(B) Each hearing shall be set for a date not less than fifteen (15) days and not more than sixty (60) days from the date of the notice of hearing unless the Director determines that the matter is urgent or that good cause exists for an extension of time.

(C) This hearing serves to provide the full opportunity of a person subject to a compliance order to object to the determination that a violation has occurred and/or that the violation has continued to exist. The failure of any person subject to a compliance order, pursuant to this Chapter, to appear at the hearing shall constitute a failure to exhaust administrative remedies.

(A) At the place and time set forth in the notice of hearing, the Director shall conduct a hearing on the compliance order issued pursuant to Section 1443.

(B) The Hearing Officer shall consider any written or oral evidence consistent with its rules and procedures regarding the violation and compliance by the violator or by the real property owner.

(C) Within a reasonable time following the conclusion of the hearing, the Hearing Officer shall make findings and issue its determination regarding:

1. The existence of the violation;

2. The failure of the violator or owner to take required corrective action within the required time period.

(D) The Hearing Officer shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing.

(E) If the Hearing Officer finds a preponderance of the evidence that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the Hearing Officer shall issue an administrative order.

(F) If the Hearing Officer finds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the Hearing Officer shall issue a finding of those facts.

If the Hearing Officer determines that a violation occurred which was not corrected within the time period specified in the compliance order, the Hearing Officer shall issue an administrative order described in Section 1447 which imposes any or all of the following:

(A) An order to correct, including a schedule for correction where appropriate;

(B) Administrative penalties as provided in Section 1449;

(C) Administrative costs as provided in Section 1450.

(A) The Hearing Officer may impose administrative penalties for the violation of any provision of this Code in an amount not to exceed a maximum of Two Thousand Five Hundred Dollars ($2,500.00) per day for each on-going violation, except that the total administrative penalty shall not exceed One Hundred Thousand Dollars ($100,000.00) exclusive of administrative costs, interest and restitution for compliance reinspections, for any related series of violations.

(B) In determining the amount of the administrative penalty, the Hearing Officer may take any or all of the following factors into consideration:

1. The duration of the violation;

2. The frequency, recurrence and number of violations, related or unrelated, by the same violator;

3. The seriousness of the violation;

4. The good faith efforts of the violator to come into compliance;

5. The economic impact of the penalty on the violator;

6. The impact of the violation on the community;

7. Such other factors as justice may require.

(C) Administrative penalties imposed by the Hearing Officer shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the Director or the Hearing Officer.

(D) The Hearing Officer, at his discretion, may suspend the imposition of applicable penalties for any period of time during which:

1. The violator has filed for necessary permits; and

2. Such permits are required to achieve compliance; and

3. Such permit applications are actively pending before this City, State or other appropriate governmental agency.

(E) Administrative penalties assessed by the Hearing Officer shall be due by the date specified in the administrative order.

(F) Administrative penalties assessed by the Hearing Officer are a debt owed to the City and, in addition to all other means of enforcement, if the violation is located on real property, may be enforced by means of a lien against the real property on which the violation occurred.

(G) If the violation is not corrected as specified in the Hearing Officer's order to correct, administrative penalties shall constitute to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth in Section 1449(A) above.

(H) If the violator gives written notice to the Director that the violation has been corrected and if the Director finds that compliance has been achieved, the Director shall deem the date the written notice was postmarked or personally delivered to the Director or the date of the final inspection, whichever first occurred, to be the date the violation was corrected. If no written notice is provided to the Director, the violation will be deemed corrected on the date of the final inspection.

(A) The Hearing Officer shall assess administrative costs against the violator when it finds that a violation has occurred and that compliance has not been achieved within the time specified in the compliance order.

(B) The administrative costs may include any and all costs incurred by the City in connection with the matter before the Hearing Officer including, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, and costs for all reinspections necessary to enforce the compliance order.

(C) In any administrative proceeding to abate a nuisance pursuant to this Chapter, or in any subsequent appeal of an administrative proceeding to a court, the prevailing party may recover its reasonable attorneys' fees. In no administrative proceeding or subsequent judicial action shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the judicial action or administrative proceeding.

(Amended by Ord. 2281, adopted 3-1-11)

Failure to pay the assessed administrative penalties and administrative costs specified in the administrative order of the Hearing Officer may be enforced as:

1. A personal obligation of the violator; and/or

2. If the violation is in connection with real property, a lien upon the real property. The lien shall remain in effect until all of the administrative penalties, interest and administrative costs are paid in full.

Any person aggrieved by an administrative order of the Hearing Officer may obtain review of the administrative order in the Superior Court by filing with the court a petition for writ of mandate pursuant to Section 1610 of the Arcadia Municipal Code.

The City may collect assessed administrative penalties, fines and costs by use of all available legal means, including recordation of a lien pursuant to Section 1456 or imposition of a special assessment pursuant to Sections 9406.4 through 9406.9. Filing of the statement referred to in Section 9406.3 shall not be required for special assessments under this Chapter.

(Amended by Ord. 2281 adopted 3-1-11)

If the Director determines that compliance has been achieved after a compliance order has been sustained by the Hearing Officer, the Director shall file a report indicating that compliance has been achieved.

(A) If the Director does not file a report pursuant to Section 1454 above, a violator who believes that compliance has been achieved may request a compliance hearing before the Hearing Officer by filing a request for a hearing with the Director.

(B) The hearing shall be noticed and conducted in the same manner as a hearing on a compliance order provided in Sections 1446 and 1447 of this Chapter.

(C) The Hearing Officer shall determine if compliance has been achieved and, if so, when it was achieved.

(A) Whenever the amount of any administrative penalty and/or administrative cost imposed by the Hearing Officer pursuant to this Chapter in connection with real property has not been satisfied in full within ninety (90) days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien against the real property on which the violation occurred.

(B) 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.

(C) Interest shall accrue on the principal amount of the judgment remaining unsatisfied pursuant to law.

(D) Prior to recording any such lien, the Administrative Services Director shall prepare and file with the City Clerk a report stating the amounts due and owing.

(E) The City Clerk shall fix a time, date and place for hearing such report and any protests or objections thereto by City Council.

(F) The Administrative Services Director 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 pursuant to Section 1433 of this Code.

(A) Any person whose real property is subject to a lien pursuant to Section 1456 may file a written protest with the City Clerk and/or may protest orally at the City Council meeting.

(B) Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds for such protest or objection.

(C) The City Council, after the hearing, shall adopt a resolution confirming, discharging or modifying the amount of the lien.

Thirty (30) days following the adoption of a resolution by the City Council imposing a lien, the City Clerk shall file the same as a judgment lien in the office of the County Recorder of Los Angeles County, California. The lien may carry such additional administrative charges as set forth by resolution of the City Council.

Once payment in full is received by the City for outstanding penalties and costs, the Administrative Services Director shall either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record this notice with the office of the County Recorder. Such notice of satisfaction shall cancel the City's lien.

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