Azusa Municipal Code Ch. 1 General Provisions

The ordinances embraced in the following chapters and sections shall constitute and be designated the "Azusa Municipal Code," and may be so cited.

(Code 1971, § 1.01.020)

(a) In the construction of this Code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise:

City. The term "city" shall mean the City of Azusa or the area within the territorial city limits of the City of Azusa and such territory outside the city over which the city has jurisdiction or control by virtue of any constitutional provision or any law.

State Law reference— Similar provisions, Government Code § 6800.

Code. The term "the Code" or "this Code" shall mean the Azusa Municipal Code.

Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday and then it is also excluded.

Council, city council. Whenever the term "council" or "city council" is used in this Code, it shall mean the city council of the City of Azusa. The term "all its members" or "all councilmembers" shall mean the total number of councilmembers provided for in Government Code § 36501.

County. The term "the county" or "this county" shall mean the County of Los Angeles.

Day. The term "day" shall mean the period of time between any midnight and the midnight following.

State Law reference— Similar provisions, Government Code § 6806.

Daytime, nighttime. The term "daytime" shall mean the period of time between sunrise and sunset. The term "nighttime" shall mean the period of time between sunset and sunrise.

State Law reference— Similar provisions, Government Code § 6807.

Delegation of authority. Whenever a section or provision appears requiring or authorizing the head of a department or an officer of the city to do some act or make certain inspections, it shall be construed to authorize the head of the department or such officer to designate, delegate and authorize subordinates to perform the required act or make the required inspection, unless the terms of the provision or section provide otherwise.

Gender. The masculine gender shall include the feminine and neuter.

State Law reference— Similar provisions, Government Code § 12.

Health officer. The term "health officer" shall mean the county health officer.

In the city. The term "in the city" shall mean and include all territory over which the city now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.

Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

State Law reference— Similar provisions, Civil Code § 12.

Law. The term "law" shall mean applicable federal law, the constitution and statutes of the state, the ordinances of the city and, when appropriate, any and all rules and regulations which may be promulgated thereunder.

Month. The term "month" shall mean a calendar month.

State Law reference— Similar provisions, Government Code § 6804.

Number. The singular number shall include the plural and the plural the singular.

State Law reference— Similar provisions, Government Code § 13.

Oath. The term "oath" shall include an affirmation.

State Law reference— Similar provisions, Government Code § 15.

Officers, departments, etc. Officers, departments, boards, commissions and employees referred to in this Code shall mean officers, departments, boards, commissions and employees of the City of Azusa, unless the context clearly indicates otherwise.

Official time. Whenever certain hours are named in this Code, they shall mean Pacific Standard Time or Pacific daylight saving time, as may be in current use in the city.

Ordinance. The term "ordinance" shall mean a law of the city.

Owner. The term "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

Person. The term "person" shall include any person, firm, association, organization, partnership, business trust, corporation or company.

State Law reference— Similar provisions, Government Code § 17, Code of Civil Procedure § 17.

Personal property. The term "personal property" shall include every species of property, except real property, as defined in this section.

State Law reference— Definitions of "personal property," Civil Code §§ 14(3), 663.

Preceding, following. The terms "preceding" and "following" shall mean next before and next after, respectively.

Process. The term "process" shall include a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

State Law reference— Similar provisions, Government Code § 22.

Property. The term "property" shall include real and personal property.

State Law reference— Definitions of "property," Civil Code § 14(1), Code of Civil Procedure § 17(1).

Real property. The term "real property" shall include lands, tenements and hereditaments.

State Law reference— Definitions of "real property," Civil Code §§ 14(2), 658.

Shall, may. The term "shall" is mandatory, and the term "may" is permissive.

State Law reference— Similar provisions, Government Code § 14.

Signature or subscription by mark. The term "signature" or "subscription" shall include a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes the witness' own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

State Law reference— Similar provisions, Government Code § 16.

State. The term "the state" or "this state" shall be construed to mean the State of California.

Street. The term "street" shall include all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this city dedicated and open to public use or such other public property so designated in any law of this state.

Tenant or occupant. The term "tenant" or "occupant," applied to a building or land, shall include any person holding a written or an oral lease of or who occupies the whole or a part of such building or land, either alone or with others.

Tenses. The present tense shall include the past and future tenses, and the future tense shall include the present.

State Law reference— Similar provisions, Government Code § 11.

Week. A week shall consist of seven consecutive days.

State Law reference— Similar provisions, Government Code § 6805.

Writing. The term "writing" shall include any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing in the English language, unless it is expressly provided otherwise.

State Law reference— Similar provisions, Government Code § 8.

Year. The term "year" shall mean a calendar year, except where otherwise provided.

State Law reference— Similar provisions, Government Code § 6803.

(b) Words and phrases used in this Code and not specifically defined shall be construed according to the context and approved usage of the language.

(c) The provisions of this Code and all proceedings under it are to be construed with a view to effect its objects and to promote justice.

(Code 1971, §§ 1.01.010, 1.04.010, 1.04.020, 1.04.030, 1.12.040)

Whenever a reference is made to the "Azusa Municipal Code" or to any portion thereof or to any ordinance of the city, the reference shall apply to all amendments, corrections and additions made.

(Code 1971, § 1.01.030)

The provisions of this Code shall not in any manner affect deposits or other matters of record which refer to or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained within this Code.

(Code 1971, § 1.04.050)

The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.

(a) The repeal of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed took effect.

(b) The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect nor any suit, prosecution or proceeding pending at the time of the repeal for any offense committed under the ordinance repealed.

(Code 1971, §§ 1.04.060, 1.04.070)

The catchlines of the several subsections, sections, divisions, articles or chapters of this Code printed in boldface or other distinguishing type are intended as mere catchwords to indicate the contents of the subsection, section, division, article or chapter and shall not be deemed or taken to be titles of such sections, divisions, articles or chapters nor as any part of the subsection, section, division, article or chapter nor, unless expressly so provided, shall they be so deemed when any of such subsections, sections, divisions, articles or chapters, including the catchlines, are amended or reenacted.

(Code 1971, § 1.04.040)

If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. The council declares that it would have passed this Code and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this Code should be declared invalid or unconstitutional, the original ordinances shall be in full force and effect.

(Code 1971, § 1.04.130)

Whenever in this Code any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.

(Code 1971, § 1.04.110)

No person shall violate any provisions, or fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, except those where the violation thereof is designated an infraction, shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than $500.00 or by imprisonment in the city or county jail for a period not exceeding six months, or by both such fine and imprisonment. Any person violating or failing to comply with the mandatory requirements of divisions 2 through 5 of article IV, articles VII and X of chapter 74, sections 34-203, 74-151 through 74-153, 74-155, 74-156, 74-277, 74-304, 74-402 of this Code shall be guilty of an infraction. Any person convicted of an infraction under this Code shall be punishable by (1) a fine not exceeding $50.00 for a first violation, (2) a fine not exceeding $100.00 for a second violation within one year; or (3) a fine not exceeding $250.00 for each additional violation within one year. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of this Code is committed, continued or permitted by such person and shall be punished accordingly. Every person who violates any provisions of art. VIII of chapter 74, sections 74-276, 86-1094 and 86-1095 shall be subject to a civil penalty as established by resolution of the city council.

(Code 1971, §§ 1.12.010, 1.12.020; Ord. No. 93-016, § 1, 11-1-93)

Cross reference— Code enforcement officer, § 2-131 et seq.; civil emergencies, ch. 26; police department, § 38-36 et seq.; auxiliary police force, § 38-66 et seq.; offenses and miscellaneous provisions, ch. 46; traffic and vehicles, ch. 74.

State Law reference— Authority to impose fines and imprisonment, for violations of ordinances, Government Code § 36901; provision declaring violation of an ordinance to be a misdemeanor, Government Code § 36900.

In addition to the penalties provided in section 1-10, any condition caused or permitted to exist in violation of this Code shall be deemed a public nuisance and may be, by this city, summarily abated as such.

(Code 1971, § 1.12.020)

Persons confined in the city jail under a final judgment of imprisonment for violation of any law may be required by the chief of police, with the approval of city council, to perform labor on the streets or other public property or works within the city. As used in this section, the term "streets or other public property or works within the city" includes, among other things, clerical and menial labor in the city jail or in any camp maintained for the labor of such persons on the streets or other public property or works within the city.

(Code 1971, §§ 1.12.030, 1.12.040)

State Law reference— Authorized, Government Code § 36904.

The violation of any administrative provision of this Code by any officer or employee of the city may be deemed a failure to perform the duties under or to observe the rules and regulations of the department, office or board, within the meaning of the civil service ordinances and rules and regulations of the city.

(Code 1971, § 1.12.050)

Pursuant to Penal Code § 836.5, the city manager is vested with the authority to arrest and to issue a citation to any person who violates this Code or any city ordinance.

(Ord. No. 98-09, § 2, 6-15-98)

Pursuant to Penal Code § 1269(b), the chief of police shall designate officers of the police department as officers authorized to accept bail.

(Code 1971, § 1.12.100)

If any person is arrested for a violation of this Code or any other ordinance of the city and such person is not immediately taken before a magistrate as prescribed by the Penal Code of the state, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged and the time and place where and when such person shall appear in court. The time specified in the notice to appear shall be at least ten days after such arrest.

(Code 1971, § 1.12.060)

State Law reference— Procedure, Penal Code § 853.6.

The arresting officer shall deliver one copy of a notice to appear given pursuant to section 1-16 to the arrested person, and the arrested person, in order to secure release, shall give a written promise to appear in court by signing the duplicate notice, which shall be retained by the arresting officer. Thereupon the arresting officer shall release the person arrested from custody. The arresting officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. If the arrested person refuses to give such written promise to appear, the arresting officer shall take the arrested person without unnecessary delay before a magistrate as prescribed by the Penal Code and Vehicle Code of the state.

(Code 1971, § 1.12.060)

No person shall wilfully violate the person's written promise to appear in court. Any person who wilfully violates the written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which the arrest was made.

(Code 1971, § 1.12.080)

When a person arrested for a violation of this Code or any ordinance of the city signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Penal Code § 853.6(e)(3), the magistrate shall issue and have delivered for execution a warrant for the person's arrest within 20 days after failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date when the person promised to appear, then, within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(Code 1971, § 1.12.090)

State Law reference— Similar provisions, Penal Code § 853.8.

The provisions of Code of Civil Procedure § 1094.6, limiting the time in which adjudicatory administrative decisions may be reviewed and specifying preliminary procedures, are adopted for review of all proceedings of the city within the scope of such section.

Where an administrative transcript is requested by a petitioner for use in proceedings to review any action or decision of the city, the estimated cost of the transcript shall be paid to the city before the transcript is prepared. The administrator makes the estimate. If the actual cost is less than the estimate, an appropriate refund shall be made; if more, the difference shall be paid before the transcript is delivered to the petitioner or to the court.

(a) The city council may set fees for the issuance of permits by the city, the filing of applications with the city or the performance of administrative services by the city. The fees are set by council resolution.

(b) For the purposes of this section, the term "administrative services" includes services such as making investigations, inspections, doing research, certification and preparing copies, and the term "city" includes all city officials. This section does not apply to those situations where the amount of a fee is specified or the charging of a fee is forbidden by statute or ordinance.

(a) Adoption. A seal consisting of a circular disc 1⅞ inches in diameter with a design cut thereon showing a lemon and an orange and having thereon the following inscription, "City of Azusa, Los Angeles Co., Cal., Incorporated Dec. 29, 1898," is adopted as the common seal of the city.

(b) Custodian. The city clerk shall be the custodian of the city seal.

(Code 1971, §§ 1.08.010, 1.08.020)

Administrative penalties. Every violation of a provision of this Code defined as an "infraction" or "misdemeanor" in section 1-10 of this Code shall be subject to an administrative civil penalty, and administrative hearing costs, if any, as set by separate resolution of the city council per day for each offense. Said penalties may be charged in addition to or in lieu of any other penalty imposed by this Code and shall be cumulative for each subsequent day after notice has been provided as set forth herein.

(Ord. No. 97-017, § 1, 12-1-97)

Whenever any peace officer or designee of the police chief authorized to enforce the provisions of this Code finds that a provision of this Code has been violated, he or she shall notify the violator in writing of the violation and inform the violator of the penalty or fine owed to the city for violating the Code.

(1) When the violation pertains to building, plumbing, electrical or other similar structural or zoning issues that creates an immediate danger to health or safety, a citation may be issued forthwith. In the absence of an immediate danger, a citation for such a violation shall not be issued pursuant to this chapter unless the responsible person has first been provided with a reasonable period, as determined by the officer, in which to complete the abatement or compliance actions.

(2) A peace officer may issue a citation for a violation not committed in the officer's presence if the officer has determined, through investigation, that the citee did commit, or is otherwise responsible for, the violation.

(3) Any parking violation of this code or the California Vehicle Code in which a specific fine amount adopted by city council resolution is not provided, shall default to the lowest adopted parking fine amount of the most recent city council adopted citywide fee schedule and resolution.

(4) Each day that a prohibited condition, use or activity under the code is committed, continued or permitted, shall be a separate violation for which a citation may be issued. A citation may charge several violations of the Code.

(5) A citation may be served either by personal delivery to the citee or by certified mail. The date of personal service shall constitute the issuance date of a citation. If served by certified mail, the citation shall be sealed in an envelope with postage prepaid and addressed to the citee at his or her last-known business or residence address as same appears in public records of the city. The date a citation is deposited with the United States Postal Service shall constitute its issuance date and deemed to have been completed.

(6) If service cannot be accomplished personally or by mail for citations involving a real property-related violation of the Code, the officer shall post the citation on said real property in the city in which the citee is known to have a legal interest in, or possession, or dominion or control of, said property, or a portion thereof. The date of posting shall constitute the issuance date of the citation.

(7) Failure of a citee to receive a citation or notice shall not invalidate any fine, late charge, action or proceeding that is imposed or brought pursuant to this chapter, if service was given in a manner stated in this section.

(8) Abatement of a violation shall not excuse the obligation of a citee to pay a civil fine, or any late charge or interest.

(9) Payment of a fine shall not excuse a failure to correct a violation, nor shall it bar concurrent or further enforcement actions by the city.

(10) The city manager, or a designee thereof, may dismiss a citation at any time if a determination is made that it was issued in error, in which event any deposit of a fine shall be refunded. Notice of such action shall be given to the citee in writing.

(11) The city manager, or a designee thereof, is authorized to promulgate procedural rules and regulations governing the provisions in this chapter.

(Ord. No. 97-017, § 1, 12-1-97; Ord. No. 2025-02, § 1, 5-5-25; Ord. No. 2025-07, § 1, 2-17-26)

Property owners, property managers, tenants, lease holders, guests, parents and or guardians of a juvenile, or other person cited for violation of this Code shall be jointly liable for penalties imposed under this chapter.

(Ord. No. 97-017, § 1, 12-1-97)

All administrative citations imposing an administrative penalty shall contain the relevant sections of this Code for which an administrative penalty is being imposed along with a brief layman's description of the violation, the amount of the administrative penalty, the location of the violation, the date the violation was first observed, the name and address of the property owner of record as determined by the latest county tax assessor roll data (if the violation pertains to any real property), and/or the name and address of any other person(s) determined by the enforcing officer to be responsible for any violation of this Code. The notice shall also contain the period by which an appeal may be filed, where the appeal may be filed, and the cost of the administrative hearing should the appeal be ultimately denied.

(Ord. No. 97-017, § 1, 12-1-97; Ord. No. 2025-02, § 2, 5-5-25)

Service of notices required under this chapter shall be made by the following means:

A. By personal service on the violator(s) in the same manner as a summons in a civil action; or,

B. By Certified United States mail. Service shall be complete at the time of deposit into the United States mail.

(Ord. No. 97-017, § 1, 12-1-97; Ord. No. 2019-02, § 1, 10-7-19)

(a) Any citee may contest the violation(s), or that he or she is a responsible person, by filing a request for an administrative hearing on a city-approved form with the office of the city clerk - Azusa City Hall, 213 East Foothill Boulevard, Azusa, CA 91702, within 15 calendar days from the issuance date of a citation. If the office of the city clerk does not receive the request in the required period, the citee shall have waived the right to a hearing and the citation shall be deemed final.

(b) No fee shall be charged for the filing of a request for a hearing.

(c) Requests for a hearing shall be accompanied by the entire amount of the fine stated in the citation. Failure to deposit a fine, or the tender of a non-negotiable check in the required period, shall render a request for an administrative hearing incomplete and untimely. Fines that are deposited with the city shall not accrue interest. Fines deposited shall be returned to the person tendering the fines in the event a citation is overturned.

(d) A citee who is financially unable to deposit the civil fine with his or her request for a hearing may complete a city-approved application form for an advance deposit hardship waiver (hereafter the "Hardship Waiver"). This form and all required accompanying records shall be tendered, along with a request for a hearing, to the office of the city clerk - Azusa City Hall, 213 East Foothill Boulevard, Azusa, CA 91702, within 15 calendar days from the issuance date of a citation.

(e) To be considered for a hardship waiver, the application form must be complete, signed, and must be accompanied by documents that enable the city to reasonably determine the citee's present inability to deposit the fine. Documents suitable for consideration, may include, without limitation, accurate, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year; financial statements, loan applications, bank account records, income and expense records for 12 months preceding submittal of the waiver form, as well as other documentation demonstrating the citee's financial hardship. The city may, at a time chosen in its sole discretion and after a citation is final or confirmed, destroy or discard the documents submitted by a citee for a hardship waiver without prior notice to the citee.

(f) Failure to submit a completed, signed hardship waiver form, along with records that support a claim of financial hardship, shall render the request for hearing incomplete and untimely. In this event, the citee shall have waived the right to a hearing and the citation shall be deemed final.

(g) The city shall issue a written decision specifying the reasons for issuing or not issuing the hardship waiver. This decision is final and non-appealable. The decision shall be served upon the person requesting the hardship waiver by first class mail.

(1) Approval of a hardship waiver shall result in the city setting a hearing pursuant to subsection (i) of this section.

(2) If the city determines that the citee is not entitled to a hardship waiver, he or she shall tender the full amount of the civil fine to the office of the city clerk within seven calendar days of the date the decision is deposited with the U.S. Postal Service. In the event the city clerk does not receive the full amount of the fine in the required period:

a. A late charge may imposed;

b. The request for a hearing is rendered incomplete and untimely; and

c. The citee shall have waived the right to a hearing and the citation shall be deemed final.

(h) A request for a hearing shall contain the following:

(1) The citation number.

(2) The name, address, telephone and any facsimile numbers, of each person contesting the citation.

(3) A statement of the reason(s) why a citation is being contested.

(4) The date and signature of the citee(s).

(i) The person filing the request for a hearing shall be notified in writing by first class mail of the date, time and place set for this proceeding which shall be conducted within 60 days of the date a timely and complete request is received by the office of the city clerk. Such notice shall be given at least ten calendar days prior to the date of the hearing. Service of this notice is deemed complete at time of mailing. The failure of a citee to receive a properly addressed notice shall not invalidate the citation or any hearing, city action or proceeding conducted pursuant to this chapter.

(j) If the officer submits an additional written report concerning the citation for consideration at the hearing, then a copy of this report shall also be served by first class mail on the person requesting an administrative hearing no less than three calendar days prior to the date thereof. Failure to receive said report shall not invalidate the citation or any hearing, city action or proceeding conducted pursuant to this chapter.

(k) A timely request for a hearing shall not excuse a citee from the duty to immediately abate a violation of the Code, nor from any other responsibility or legal consequences for a continuation or repeated occurrence(s) of a violation of the Code.

(Ord. No. 97-017, § 1, 12-1-97; Ord. No. 2025-02, § 3, 5-5-25)

(a) The city manager shall designate or appoint a hearing officer who shall be selected in a manner that avoids the potential for pecuniary or other bias and in no event shall the citing officer be the hearing officer.

(b) Administrative hearings are informal and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a violation and responsibility therefore by a preponderance of evidence. The citation is prima-facie evidence of the violation, however, and the officer who issued the citation is not required to attend or participate at the hearing. The citee(s), and officer, if present, shall have an opportunity to present evidence and witnesses and to cross-examine witnesses. A citee may bring an interpreter to the hearing provided there is no expense to the city therefore. An interpreter may be provided by the city if required by statute or law and requested at least 30 days prior to the hearing. The hearing officer may question any person who presents evidence or who testifies at any hearing.

(c) A citee may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the office of the city clerk at least three city business days prior to the hearing. If the citee fails to attend the scheduled hearing, or does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a hearing. In such an instance, the hearing officer shall cancel the hearing and not render a decision. In such instances, the citation shall be deemed final.

(d) Hearings may be continued once at the request of a citee or the officer who issued the citation. The hearing officer may also continue the hearing for cause.

(Ord. No. 97-017, § 1, 12-1-97; Ord. No. 2025-02, § 4, 5-5-25)

Following the hearing on the violation, the hearing officer shall consider all evidence and determine whether a violation of the Code has occurred and/or continues to occur. If the hearing officer determines that a violation has occurred and/or is continuing to occur, he or she shall make a written order affirming the administrative penalty. Said order shall set forth findings supporting the order. The order shall further inform the violator of his/her right to appeal the order within 20 days to the municipal court. All written orders of the hearing officer shall be made by First Class United States Mail and shall allow a minimum of three working days from the date of mailing for delivery before the time in which an appeal to the municipal court may be made begins to run.

(Ord. No. 97-017, § 1, 12-1-97)

Upon the filing of an appeal, the appellant shall be charged the cost of the hearing officer in an amount which shall be set by separate resolution of the city council and added to the administrative penalty should the appeal be denied. Should the appeal be successful, and the violation determined to be invalid, no cost shall be charged.

(Ord. No. 97-017, § 1, 12-1-97)

Nothing in this chapter shall prevent the city from initiating a civil or criminal proceeding or any other legal or equitable proceeding as an alternative to the proceedings set forth in this chapter.

(Ord. No. 97-017, § 1, 12-1-97)

Administrative penalties shall be a debt to the city and subject to all remedies for debt collection as allowed by law. When a violation involves privately owned real property and the administrative penalty is unpaid within the prescribed time, the amount of the penalty shall be recorded as a lien upon and against the real property involved without further hearing. Penalties involving real property may also be recorded with the Los Angeles County Auditor Controller's Office and placed on the regular tax rolls for collection in the same manner as an ad valorem tax without further hearing.

Administrative penalties that are not associated with real property and unpaid within the prescribed time may be recorded with the Los Angeles County Recorder's Office as an Unsecured Lien against the name of the violator and/or with the California Franchise Tax Board "Inter-Agency Offset Program" pursuant to Section 12419.10 of the California Government Code without further hearing. Unsecured liens shall be subject to all other means of debt collection as allowed by law.

Unpaid administrative penalties shall be a misdemeanor for which the violator may be prosecuted.

(Ord. No. 97-017, § 1, 12-1-97)

(a) Recovery authorized. Any violation of this municipal code is hereby determined to constitute a public nuisance. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its incurred attorneys' fees, provided that the city elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative proceeding 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. A judicial action includes, but is not limited to, any civil or criminal action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this section.

(Ord. No. 09-O8, § 2, 12-7-09)