Bell Municipal Code Ch. 1.20 Municipal Code Violations

"Enforcement officer"

means a code enforcement officer, police officer or city employee designated to enforce the provisions of the Bell Municipal Code by issuing notices and administrative citations pursuant to this chapter.

"Hearing officer"

means the person or contracted company designated by the chief administrative officer to determine the validity of the violation stated on the citation.

"Legal interest"

means any interest that is represented by a deed, deed of trust, quitclaim deed, mortgage, lease, judgment lien, tax or assessment lien, mechanic's lien or other similar interest.

"Responsible person"

means a natural person, heirs, executors, administrators, or assigns, firm, partnership, or corporation, its heirs or their successors or assigns, or the agent of any of the aforesaid, responsible for the creation, existence, commission, and/or maintenance of a violation of the Bell Municipal Code, a code adopted by reference, or any applicable state statute. The term "responsible person" includes but is not limited to a property owner, tenant, person with a legal interest in real property, manager of real property or a business, or person in possession of real property.

(Ord. 1201 § 1, 2014)

This chapter provides for administrative citations and fines for any violation of this code. Administrative fines may be assessed in lieu of, or in addition to, any other legal remedy, criminal or civil, which may be pursued by the city to address any violation of this code.

(Ord. 1201 § 1, 2014)

An enforcement officer shall have the authority to issue an administrative citation to any responsible person for a violation of any provision of the Bell Municipal Code as well as other codes adopted by reference in the code. Except when a violation creates an immediate danger to health or safety, if the violation is of the Building Code, Electrical Code, Plumbing Code, or Mechanical Code, the cited party shall be given a reasonable period of time to correct the violation before an administrative fine is imposed.

(Ord. 1201 § 1, 2014)

A. Pursuant to Government Code Section 53069.4, every code violation and public nuisance is hereby subject to an administrative fine, the collection of enforcement and abatement costs. The provisions of this chapter shall govern the imposition, enforcement, collection and administrative review by the city of such fines and costs.

B. The amount of the fine for code violations or public nuisances imposed pursuant to this chapter shall be set forth in a schedule of fines established by resolution of the city council. The schedule of fines shall specify increased fines for repeat violations of the same code section by the same person within 12 months of the date of the administrative citation and the amount of any late payment charges imposed for the payment of a fine after its due date.

C. Any person who fails to pay to the city any fine or enforcement cost imposed pursuant to the provisions of this section on or before the date the fine and enforcement cost is due shall also be liable for the payment of any applicable late payment charges set forth in the schedule of fines.

D. Payment of any administrative fine imposed hereunder shall not excuse or discharge any continuation or repeated occurrence of the code violation or public nuisance that is the subject of the administrative citation.

E. If an enforcement officer has issued a notice of public nuisance to a responsible person and the corrective or abatement work specified in the notice has not been completed within the time stated therein, the city may commence an administrative proceeding pursuant to this section against the responsible person to impose and collect the administrative fine and the enforcement costs and any abatement costs.

(Ord. 1201 § 1, 2014)

A. The city may commence an administrative proceeding by issuing an administrative citation to the responsible person pertaining to one or more code violations or public nuisances. Administrative citations shall be issued by enforcement officers.

B. Each administrative citation shall contain the following information:

1. The day, date and time of the code violation(s) or public nuisance(s);

2. The address or a definite description of the location where the code violation(s) or public nuisance(s) occurred;

3. The section(s) of the code allegedly violated and a description of the code violation(s) or public nuisance(s);

4. The amount of each fine for each of the violation(s);

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

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

7. A description of the administrative citation appeal process, including the time within which the administrative citation may be contested and the place from which an appeal may be obtained; and

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

C. If applicable, each administrative citation shall be accompanied by an itemized statement and invoice of the enforcement costs incurred to the date of the citation. The statement shall include a notation that additional enforcement costs and any abatement costs may be added to the statement and subsequently invoiced in the event the code violation or public nuisance is not forthwith corrected or abated.

D. All notices and citations required under this section shall be issued to the responsible person in the following manner:

1. Personal Service. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain that person's signature on the administrative citation if the person is within the city's jurisdiction. If the responsible person is an entity, the enforcement officer may personally serve an employee over the age of 18, manager, principal, partner, director, officer or representative of the entity on behalf of said entity. The failure or refusal of a person to sign a citation shall not affect its validity or any related subsequent proceeding, nor shall signing a citation constitute an admission of guilt. The date of personal service shall constitute the date of issuance of the citation.

2. Mailed Service. If the responsible person is outside the jurisdiction of the city or cannot be located, the administrative citation shall be mailed to the responsible person at his or her last known address by certified mail, postage prepaid, return receipt requested, with a copy of the citation simultaneously sent by first class mail. The date indicated on the receipt, or, if returned unsigned, the date of the mailing shall constitute the date of issuance of the citation.

3. Posted Service. If service cannot be accomplished by personal service or mailed service, the enforcement officer shall post the administrative citation on any real property in the city in which the responsible person is known to have a legal and possessory interest. The date of the posting shall constitute the date of the issuance of the citation.

4. Notwithstanding the provisions of this section, the failure of any responsible person to actually receive any of the notices or citations provided for under this section shall not invalidate any enforcement procedure taken against the responsible person pursuant to this chapter.

(Ord. 1201 § 1, 2014)

A. The city may pursue the procedure provided in this section to impose, enforce and collect the fine and enforcement costs for any code violation or public nuisance.

B. The responsible person cited shall have 30 days from the date of the administrative citation to pay the amount of the fine and enforcement costs to the city.

C. The responsible person cited may contest issuance of the citation by depositing the full penalty amount listed on the citation, and by depositing an appeal fee which shall be set forth in the schedule of administrative fines established by resolution of the city council, and by filing a notice of a written appeal with the chief administrative officer or designee within 15 calendar days from the date of the administrative citation. The appeal request shall contain the number of the subject citation; the name and address of the appellant; a statement in ordinary and concise language of the specific(s) or action protested and the grounds for contesting the citation, together with all material facts in support thereof; and the date and signatures of the appellant.

Contest hearings shall be conducted by the hearing officer. The contest hearing shall be held not less than seven calendar days and not more than 90 calendar days from the date the notice of appeal is filed, provided, however, that no hearing to contest an administrative citation shall be held unless the full penalty amount and appeal fee has been deposited in advance. In the alternative, the appellant may seek from the city a financial hardship waiver in the event they are unable to meet the deposit requirement.

D. The city shall provide the responsible person with written notice of the time and place of the contest hearing at least five calendar days prior to the date of the hearing. If the enforcement officer submits an additional written report to the hearing officer for consideration at the hearing, a copy of the report shall be served on the responsible person with the notice of hearing.

E. Upon a showing of good cause by the responsible person, the hearing officer may excuse the responsible person's failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than one time.

F. The responsible person's failure to appear at the contest hearing shall constitute a forfeiture of any deposited amounts and be deemed a failure to exhaust the responsible person's administrative remedies. In such event, the full amount of the enforcement costs and fine shall be due immediately; and the administrative citation shall be deemed a final administrative order for the purpose of Government Code Section 53069.4. The final administrative order shall be served on the responsible person by mailing a copy of the order by certified mail postage prepaid to the responsible person at his or her last known address.

G. The hearing officer shall hear, receive and consider testimony and documentary evidence regarding the alleged code violation or public nuisance. 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. The contesting responsible person shall be given the opportunity to testify at the hearing to present evidence concerning the administrative citation and to cross-examine the citing enforcement officer. The hearing shall not be subject to the formal rules of evidence or discovery. The hearing officer may continue the hearing and request additional information from the enforcement officer or the responsible party prior to issuing a final administrative decision.

H. After considering all of the testimony and evidence submitted at the contest hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation, the amount of the fee and the amount of the enforcement fee and shall list in the decision the reason for that decision. The written decision of the hearing officer shall be deemed a final administrative order for the purpose of Government Code Section 53069.4. The final administrative order shall be served on the responsible person by mailing a copy of the order by certified mail, postage prepaid, return receipt requested, to the responsible person at his or her last known address.

I. If the citation is upheld and the violation has not been fully corrected as of the date of the hearing, the hearing officer's decision shall contain an order to correct the violation and a deadline for compliance.

J. If the hearing officer determines after the hearing that the person charged in the administrative citation was not responsible for the code violation or public nuisance or that there was no code violation or public nuisance as charged in the administrative citation or that the amount of the fine or enforcement cost should be reduced, then the city shall amend the citation to conform with the order to the hearing officer.

K. If the administrative order imposes a fine in the same amount as the fine paid and deposited by the responsible person before the administrative hearing, the fine paid shall immediately become the property of the city. If a fine is imposed in an amount less than the amount paid to the city before the administrative hearing, the amount imposed shall immediately become the property of the city and the excess shall be refunded within 30 days of the administrative order.

L. The city may collect any past due administrative citation fines, enforcement costs and late payment charges by use of all available legal means, including the use of the lien procedures provided for under Section 8.36.150 of this code.

(Ord. 1201 § 1, 2014)

Failure to comply with an administrative order directing the abatement of a continuing violation shall constitute a public nuisance and a misdemeanor crime. In that event, or if the city prevails in an appeal of such an order to the Superior Court and the responsible person does not comply with the administrative order, the city may file a criminal misdemeanor action against the responsible person. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with the administrative order.

(Ord. 1201 § 1, 2014)

The director of community development may cause the dismissal of an administrative citation at any time if it would be in the best interest of the city, in which event any deposit will be refunded.

(Ord. 1201 § 1, 2014)

A. Each and every code violation and public nuisance committed, continued or permitted by a responsible person is a separate offense severally punishable or abatable as provided in this chapter or as may otherwise be provided for under this code.

B. Each responsible person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any code violation or public nuisance is committed, continued or permitted by such person and shall be punishable as provided in this chapter or as may otherwise be provided for in this code.

(Ord. 1201 § 1, 2014)

A. In the event that the responsible person corrects the code violation or abates the public nuisance in accordance with the administrative citation or abatement order prior to the expiration of the abatement period set forth therein, then the proceedings shall be terminated upon the city's inspection and confirmation that compliance with the applicable codes and ordinances has occurred. Such action shall not affect the right of the city to claim or recover unpaid fines, late fees and enforcement costs as provided for in this chapter.

B. Payment of the 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. Only abatement of the cited condition discharges the violation.

(Ord. 1201 § 1, 2014)

Any cited party who fails to pay the city any fine imposed in accord with the provisions of this chapter on or before the date that the fine is due shall be liable for the payment of any applicable late payment charges set forth in the schedule of administrative fines.

(Ord. 1201 § 1, 2014)

The administrative citation process described in this chapter does not preclude the city from recovery of any code violation abatement costs incurred by the city in performing its code enforcement efforts.

(Ord. 1201 § 1, 2014)

A. The failure of any person to pay a fine assessed by administrative citation within the time specified on the administrative citation constitutes a debt to the city. To enforce that debt, the city may file a civil action, impose a special assessment as set forth below, deny issuance or renewal of city licenses or permits as set forth in Section 1.20.140, or pursue any other legal remedy to collect such debt, including reasonable costs of collection and attorneys' fees.

B. The city may impose a special assessment against the property that is the subject of a citation if the citation has been issued to the property owner. The city shall record a notice of lien in the office of the county recorder when the special assessment procedure is used. When so made and confirmed, the cost shall constitute a lien on that property for the amount of the assessment. After confirmation and recordation, a copy shall be turned over to the Los Angeles County tax collector. At that point, it will be the duty of the tax collector to add the amounts of the respective assessments to the next regular property tax bills levied against the lots and parcels of land for municipal purposes. Those amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes; or, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.

C. Nonpayment of fines which the city has made reasonable effort to collect shall be deemed a misdemeanor for which the responsible party may be prosecuted.

(Ord. 1201 § 1, 2014)

A. Denial of Licenses and Permits. In addition to the procedures described in BMC Section 1.20.130, the city may collect any past due administrative citation fine, late payment charge, costs or fees by declining to issue or renew any city license, permit, land use entitlement or other permission required and applied for by the responsible party under any chapter of BMC until the responsible party pays such fine, charge, costs and fees.

B. Procedure to Deny Licenses and Permits.

1. When the enforcement officer becomes aware that a responsible party has failed to pay such fine, charge, costs or fees within the time prescribed in the administrative citation, the hearing officer's written decision, or in any order of a court of competent jurisdiction, whichever is applicable, the enforcement officer shall notify the departments responsible for issuing the above-described licenses and permits that said responsible party has a delinquent debt, and that no licenses or permits may be issued to the responsible party until the debt has been fully satisfied.

2. At or prior to the time when a responsible party applies for a license or permit, or for a renewal of such license or permit, the department that is responsible for issuing the license or permit shall notify the responsible party that he or she is ineligible for such license or permit issuance or renewal due to the outstanding debt. The notice shall inform the responsible party that he or she may request a description of the outstanding debt from the code enforcement department, and shall inform the responsible party of his or her right to appeal the denial of the license or permit under this section. If notice is provided by mail, it shall be sufficient to mail the notice to the last address the responsible party provided to the issuing department. The date of notice shall be the date the notice was deposited in the mail, if served by first-class mail; the date of delivery, if served by personal service; or the date of service, if served by any other manner.

3. Upon the responsible party's request, the code enforcement department shall provide the responsible party with a written description of his or her outstanding debt.

4. For purposes of this subsection B, "responsible party" shall include any attorney, agent or representative of a responsible party. The applicable department shall have the right to deny the issuance or renewal of a license or permit if the department reasonably believes that the attorney, agent or representative is seeking the issuance or renewal of a license or permit on behalf of the party responsible for the outstanding debt to the city. In such case, the applicable department shall send written notice of ineligibility to the responsible party and his or her attorney, agent or representative.

C. Request for Appeal. The appeal provisions of this section shall specifically apply to this chapter, notwithstanding any provision of this code to the contrary. A responsible party shall have 10 business days from the date of notice to appeal the department's denial by requesting a hearing by the chief administrative officer, or designee. Requests for an appeal hearing shall be made in writing to the city clerk. A request for hearing shall include:

1. The full name, address and telephone number of the responsible party/appellant;

2. A written statement signed by the responsible party/appellant setting forth facts, law or other information relevant to establishing a defense to the department's denial of the license or permit;

3. A copy of the notice provided to the responsible party/appellant by the license/permit issuing department under subsection (B)(2) of this section; and

4. Any documentary evidence that supports the responsible party/appellant's appeal, including receipts demonstrating payment of the alleged debt.

D. Appeal Procedure. Upon receipt of a timely and proper request for a hearing, the chief administrative officer or designee shall assign a hearing date no later than 15 business days after the date of request. The hearing shall not be continued without the consent of the responsible party/appellant. The chief administrative officer, or designee, shall determine whether or not the responsible party/appellant is ineligible for a license/permit pursuant to this section. The hearing shall comply with the following provisions:

1. The chief administrative officer, or designee, shall abide by any prior determination that a debt exists and the scope of review shall be limited to: (a) whether the debt has been satisfied; and (b) whether the responsible party/appellant was properly notified that a debt exists pursuant to this chapter, whether by administrative citation, written decision of the hearing officer, or by order of a court of competent jurisdiction, whichever is applicable. The responsible party/appellant shall not be entitled to raise any defenses related to his or her liability for the underlying debt.

2. The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

3. At the conclusion of the hearing, the chief administrative officer, or designee, shall issue a final order that the responsible party/appellant is either eligible or ineligible for issuance or renewal of the license/permit. If the responsible party/appellant is found to be ineligible, his or her license/ permit may not be issued or renewed prior to the payment of the outstanding debt. The chief administrative officer, or designee, shall issue an order no more than 15 business days after the conclusion of the hearing. The decision of the chief administrative officer, or designee, shall be final.

E. Optional Issuance by City Department. Notwithstanding the provisions of subsection B of this section, a city department may issue an initial or renewal license or permit to a responsible party if the director of the issuing department or other appropriate city department or agency determines that:

1. The responsible party has entered into an agreement with a court of competent jurisdiction, the code enforcement department, or other appropriate city department or agency, for the payment of all debt owed and the responsible party is in compliance with the agreement;

2. The responsible party is contesting liability for or the amount of the debt in a pending administrative or judicial proceeding; or

3. The responsible party has filed a petition in bankruptcy and the debt owed is dischargeable in bankruptcy.

F. Existing License/Permit to Remain in Effect Pending Appeal. When the holder of a license or permit is notified in accordance with subsection B of this section that such license or permit will not be renewed unless an outstanding debt is paid, the license or permit shall remain in effect during the pendency of the appeal process described in subsection D of this section. When a license or permit is found to be eligible for renewal, through the appeal process, it shall remain in effect until the renewal is issued. When a license or permit is found to be ineligible for renewal, through the appeal process, it shall expire at such time as the license or permit holder has exhausted or failed to exhaust the appeal procedures described in subsection D of this section.

(Ord. 1201 § 1, 2014)