Big Bear Lake Municipal Code Ch. 1.17 Administrative Citations and Hearings

The city council hereby finds that the city needs another mechanism in addition to the traditional civil, criminal or administrative abatement actions to effect compliance with this Code. The city council further finds that an appropriate additional mechanism to affect such compliance is an administrative citation program authorized by Government Code Section 53069.4. The procedures established in this chapter shall be in addition to criminal, civil or administrative abatement or any other legal remedy permitted by law. Use of this chapter shall be at the discretion of the city.

(Ord. No. 2009-395, § 1, 10-12-2009; Ord. No. 2021-497, § 4(Exh. A), 10-4-2021)

"Administrative citation" shall mean the written notice provided to a responsible party to inform that party of a violation of this Code.

"Administrative fine" shall mean a monetary penalty imposed by a compliance officer pursuant to this chapter for violation of the Code.

"Big Bear Lake Municipal Code" and "Code" shall mean any ordinance adopted by the city regardless of whether it has been codified.

"City manager" shall mean the city manager of the City of Big Bear Lake, or his or her designee.

"Compliance officer" shall mean any officer or employee with the authority to enforce the Code.

"Hearing officer" shall mean the city manager or the person or entity designated by the city manager pursuant to this chapter to determine the validity of a Code violation.

"Non-emergency health or safety violation" shall mean a violation of any Code provision pertaining to building, plumbing, electrical or other similar structural or zoning issues, when such violation is deemed by the compliance officer to not create an immediate danger to health or safety.

"Responsible party" shall mean:

(i) Any individual or legal entity who is the owner, tenant, co-tenant, lessee, sub-lessee, occupant or other person with any right to possession of the real property, owner or authorized agent of any business, company, or entity, or the parent or the legal guardian of any person under the age of eighteen (18) years, who causes, permits or maintains a Code violation; or

(ii) Any individual, legal entity or the parent or the legal guardian of any person under the age of eighteen (18) years, who causes, permits or maintains a Code violation.

(Ord. No. 2009-395, § 1, 10-12-2009; Ord. No. 2021-497, § 4(Exh. A), 10-4-2021)

A. A compliance officer may issue an administrative citation to any responsible party for a violation of the Code.

B. Each and every day, or portion thereof, that a violation of the Code exists constitutes a separate and distinct offense.

C. Any responsible party issued an administrative citation shall be responsible for payment of the administrative fine imposed, the amount of which shall be set forth below. The city council may amend the amount of fines from time to time by a separate resolution.

D. When an administrative fine is imposed, it shall be imposed in the following amounts:

1. Infractions. For the violation of the Code specified by the Code as an infraction, the amount of the administrative fine shall be the amounts set forth in Government Code Section 36900 as follows: (a) a fine not exceeding one hundred dollars ($100.00) for a first violation; (b) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same Code provision within one year; (c) a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same Code provision within one year. Notwithstanding the foregoing sentence, the administrative fine for a violation of a building and safety code provision that is specified by the Code as an infraction shall be as follows: (a) a fine not exceeding one hundred dollars ($100.00) for a first violation; (b) a fine not exceeding five hundred dollars ($500.00) for a second violation of the same Code provision within one year; (c) a fine not exceeding one thousand dollars ($1,000.00) for each additional violation of the same Code provision within one year of the first violation.

2. Misdemeanors. For the violation of the Code specified by the Code to be punishable as a misdemeanor or for which no fine is specifically provided, the amount of the administrative fine shall be one thousand dollars ($1,000.00).

3. Vacation rentals. Violations relating to vacation rentals are subject to the fines and penalties set forth in Chapter 4.01

(Ord. No. 2009-395, § 1, 10-12-2009; Ord. No. 2021-497, § 4(Exh. A), 10-4-2021)

A compliance officer may issue an administrative citation on a form approved by the city manager to the responsible party for a Code violation in any the following manner:

A. Personal Service.

1. The compliance officer shall first attempt to locate and personally serve the responsible party and, if possible, obtain the signature of the responsible party on the administrative citation.

2. If the responsible party refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.

B. Service by Mail.

1. Service by mail shall be made by sending the administrative citation to the responsible party's address as shown on public records or as known to the city. The administrative citation shall be sent by certified mail and by first class U.S. mail. Service by mail under this subsection shall be deemed complete on the third day following its deposit into the U.S. postal service as first class mail (postage prepaid) or the date on which the certified return receipt is signed for as delivered, whichever date is earlier.

C. Service by Posting.

1. Service by posting shall be made by placing the administrative citation in a conspicuous location on the subject property or on any real property in which the city has knowledge that the responsible party has a legal or equitable interest.

D. Service by Electronic Mail.

1. Service relating to violations concerning vacation rentals and the provisions of Chapter 4.01 may be delivered by electronic mail to the email address provided by the responsible party during the licensing process.

2. Service relating to other chapters may be delivered by electronic mail to the email address provided by the responsible party on city applications and forms used during the permitting or licensing process.

(Ord. No. 2009-395, § 1, 10-12-2009; Ord. No. 2021-497, § 4(Exh. A), 10-4-2021)

Each administrative citation shall contain the following information:

A. Date, approximate time and address or definite description of the location where the violation(s) of the Code was observed or occurred;

B. The Code provision(s), section(s) or condition(s) violated and a brief description of the violation(s);

C. A description of the action required to correct the violation(s);

D. For non-emergency health and safety violations, an order to the responsible party to correct the violation(s) by a correction date and an explanation of the consequences of failure to correct the violation(s);

E. The amount of the administrative fine imposed for the violation(s);

F. An explanation of how the administrative fine shall be paid, the deadline by which it shall be paid, and the place to which the fine shall be paid;

G. An order prohibiting the continuation or repeated occurrence of the Code violation(s) described in the administrative citation;

H. Identification of rights of appeal, including the time within which the administrative citation may be contested and the place to obtain a notice of appeal and request for hearing form to contest the administrative citation; and

I. The name and signature of the compliance officer and, if possible, the signature of the responsible party.

(Ord. No. 2009-395, § 1, 10-12-2009; Ord. No. 2021-497, § 4(Exh. A), 10-4-2021)

A. Non-emergency health and safety violations. When a compliance officer finds that a non-emergency health and safety violation has occurred, the compliance officer shall have the authority to issue an administrative citation that provides for a reasonable period of time, not to exceed thirty (30) calendar days, to correct or otherwise remedy the non-emergency health and safety violation prior to the imposition of an administrative fine. The responsible party may request an extension of the correction period, provided that a written request is filed with the city manager before the correction period ends. The city manager may, in his or her discretion, grant a reasonable extension of the period of time to correct the violation if the responsible party has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period. The decision to grant or deny an extension shall be in writing by the city manager and shall be final. If the responsible party provides proof to the compliance officer, or his/her designee, that the violation has been corrected within the period of time provided for correction, no administrative fines shall be assessed and the administrative citation shall be canceled. If the non-emergency health and safety violation has not been corrected or otherwise remedied within the correction period, the compliance officer shall have the authority to issue a second administrative citation notifying the responsible party of the violation and impose an administrative fine.

B. Upon receipt of an administrative citation, the responsible party shall do all of the following:

1. Correct the violation(s) within a reasonable period of time or, if possible, within any provided correction period; and

2. Pay any administrative fine(s) to the city within thirty (30) calendar days from the correction date on the administrative citation. All administrative fines assessed shall be payable to the City of Big Bear Lake. Payment of an administrative fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city.

C. If the responsible party fails to correct all of the violation(s) set forth in the administrative citation, subsequent administrative citations may be issued for the continued violation(s). The amount of the fine for failure to correct the violation shall increase at the rate specified in Section 1.17.030 or as specified by a separate resolution of the city council.

(Ord. No. 2009-395, § 1, 10-12-2009; Ord. No. 2021-497, § 4(Exh. A), 10-4-2021)

A. Any person or party in receipt 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 notice of appeal and request for hearing form and filing it with the city clerk within thirty (30) calendar days following the date of service of the administrative citation, together with an advance deposit of twenty-five percent (25%) of the total amount of any administrative fine imposed, or the timely filing of a request for an advance deposit hardship waiver form pursuant to Section 1.17.080. Any administrative fine that has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged.

B. In addition to the requirements listed in subsection 1.17.070A., any appeal of the administrative citation shall include a detailed written explanation as to the grounds for the appeal. Appeals shall be limited to only these written grounds.

C. Failure to timely and properly file an appeal from an administrative citation shall constitute a waiver of all rights to an administrative appeal hearing.

D. Appeals of administrative citations shall be conducted pursuant to Section 1.17.090.

(Ord. No. 2009-395, § 1, 10-12-2009; Ord. No. 2021-497, § 4(Exh. A), 10-4-2021)

A. Any party that intends to request a hearing to contest an administrative citation and that is financially unable to make the advance deposit of the fine may file a request for an advance deposit hardship waiver form.

B. The request shall be filed with the city within fifteen (15) days following the date of the issuance of the administrative citation.

C. Upon the city's receipt of the request, the requirement of depositing the full amount of the administrative fine as described in subsection 1.17.070A. shall be stayed unless or until the city manager makes a determination not to issue the advance deposit hardship waiver.

D. The city may waive the requirement for advance deposit only if the cited party submits to the city a declaration under penalty of perjury supported by evidence that shows to the city's reasonable satisfaction that such party is financially unable to deposit the total amount of the administrative fine in advance of the hearing.

E. If the city determines not to issue an advance deposit hardship waiver, the cited party shall remit the deposit to the city within five days of the date of that decision or fifteen (15) days from the date of service of the administrative citation, whichever is later.

F. The city's decision to grant or deny the request shall be final and in writing with stated reasons for the grant or denial. The city shall cause the decision to be served on the cited party.

(Ord. No. 2009-395, § 1, 10-12-2009; Ord. No. 2021-497, § 4(Exh. A), 10-4-2021)

A. A request for a hearing shall be deemed filed upon the city's receipt of payment of any hearing fee, which may be established by city council resolution, and the notice of appeal and request for hearing form. Any hearing fee shall not exceed the reasonable cost to the city for conducting the hearing.

B. The hearing shall be set for a date not less than fifteen (15) and not more than sixty (60) calendar days following the date the hearing request is filed. The party requesting the hearing shall be notified of the time and place set for the hearing at least fifteen (15) calendar days prior to the date of the hearing.

C. The hearing shall be before a hearing officer, who shall only consider evidence relevant to the hearing matter and grounds specified in the appeal.

D. The party requesting the hearing shall be given a reasonable opportunity to testify and present witnesses and evidence concerning the hearing matter. Rebuttal shall also be permitted.

E. Failure to appear at the hearing shall constitute a forfeiture of any administrative fine and a failure to exhaust administrative remedies.

F. Any documents submitted by the city shall constitute prima facie evidence of the respective facts contained in those documents.

G. If the city submits an additional written report concerning the hearing matter to the hearing officer for consideration at the hearing, then a copy of the report shall also be served on the party requesting the hearing in accordance with Section 1.17.040 at least five days prior to the date of the hearing.

H. At least ten (10) days prior to the date of the hearing, the party requesting the hearing shall be provided with copies of the citations, reports and other documents submitted or relied upon by the city. No other discovery shall be permitted. Formal rules of evidence shall not apply.

I. The hearing officer may continue the hearing and request additional information from the city or the party requesting the hearing prior to issuing a decision.

J. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within ten (10) days following the date of the hearing and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be the final administrative decision of the city.

K. Service of such decision shall be made by U.S. first class mail, addressed to the party that requested the hearing at the address provided by that party on the notice of appeal and request for hearing form.

L. The hearing officer shall not be required to provide transcriptions of hearings, but shall make available tapes of hearings for a fee that does not exceed the reasonable cost of providing such tapes. Such fee shall be established by the city council by a resolution.

(Ord. No. 2009-395, § 1, 10-12-2009; Ord. No. 2021-497, § 4(Exh. A), 10-4-2021)

A. If the hearing officer determines that the administrative citation should be upheld, and no timely appeal therefrom is taken, then the city shall retain the administrative fine amount on deposit with the city.

B. If the hearing officer determines that the administrative citation should be upheld, no timely appeal therefrom has been taken, and the administrative fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set an administrative fine payment schedule.

C. If the hearing officer determines that the administrative citation should be canceled and the administrative fine has been deposited with the city, then the city shall refund the entire amount within seven business days following the date of the decision.

D. An appeal from the hearing officer's decision to superior court shall be made pursuant to Government Code Section 53069.4(b).

(Ord. No. 2009-395, § 1, 10-12-2009; Ord. No. 2021-497, § 4(Exh. A), 10-4-2021)

A. Administrative fines shall be a debt to the city and subject to all remedies for debt collection permitted by law. The failure of any party to pay administrative fines within the time specified on the administrative citation may result in the matter being referred to the city attorney to file a case in court. Alternatively, the city may pursue any other legal remedy to collect the administrative fines.

B. Any party who fails to pay to the city any administrative fine imposed pursuant to this chapter on or before the time specified on the administrative citation shall also be assessed late payment charges in the amount of twenty-five dollars ($25.00) per citation. The city shall notify the responsible party of late payment charges pursuant to Section 1.17.040. The notice shall contain a statement that administrative fines and late payment charges may be collected as a lien or special assessment against any real property owned by the responsible party in connection with the violation(s).

C. If the responsible party has failed to pay all administrative fines within a specified period following the issuance of the third administrative citation for the same violation in connection with the same real property or has failed to pay any late payment charges, the city may collect such debts as a lien or special assessment against the subject real property. Prior to taking either action, the compliance office shall serve notice on the record property owner, as identified on the last equalized county assessment roll, of the planned lien or special assessment. Such notice shall be made pursuant to Section 1.17.040 and shall specify that property subject to a special assessment may be sold after three years by the tax collector for unpaid delinquent assessments. Any party issued an administrative citation with an administrative fine, or any other party with a legal or equitable interest in the property that is the subject of the administrative fine, may contest the imposition of a lien or special assessment for such only by seeking a hearing pursuant to Section 1.17.070. Failure to seek such a hearing shall constitute a waiver of that party's right to contest the imposition of a lien or special assessment.

D. In order to pursue a lien or special assessment against real property pursuant to this chapter, the following must occur:

1. Annually or more often as determined by the city council, the city council shall, by ordinance or resolution, confirm the amounts of the liens and special assessment sought to be collected from each respective property; and

2. The city council's confirmation shall include the amounts of the administrative fines, any late payment charges associated therewith and any applicable interest. Upon such confirmation, the city council shall authorize the city staff to take any further steps necessary to enforce collection of the liens and special assessments, including but not limited to the following:

a. Requesting the county recorder to record a notice of any lien confirmed by the city council against the respective property; and

b. Requesting the county tax collector on behalf of the city to collect any special assessment confirmed by the city council.

(Ord. No. 2009-395, § 1, 10-12-2009; Ord. No. 2021-497, § 4(Exh. A), 10-4-2021)

A. Any administrative citation and notice given under this chapter shall be served on the responsible party, or when required, to other persons or entities pursuant to subsection 1.17.110C. and Section 1.17.040.

B. Failure to receive actual notice specified in this chapter does not affect the validity of proceedings conducted hereunder.

(Ord. No. 2009-395, § 1, 10-12-2009; Ord. No. 2021-497, § 4(Exh. A), 10-4-2021)

A. Any party aggrieved by a decision of a hearing officer pursuant to this chapter may obtain review of the decision by filing a petition for review with the San Bernardino County Superior Court in accordance with the timelines and provisions as set forth in the Government Code and/or the Code of Civil Procedure, as applicable.

B. Nothing contained in this section shall be construed to prohibit any party from seeking prompt judicial review of a decision of a city official regarding the issuance, denial, suspension or revocation of a permit or license for an activity protected by the First Amendment of the United States Constitution as provided by Code of Civil Procedure Section 1094.8. The city shall comply with all requirements described therein for prompt judicial review.

(Ord. No. 2009-395, § 1, 10-12-2009; Ord. No. 2021-497, § 4(Exh. A), 10-4-2021)

Pursuant to Government Code Section 27727, the city manager is authorized to enter into a contract with the office of administrative hearings of the state of for services for an administrative law judge or a hearing officer to conduct proceedings pursuant to this chapter. The duties and responsibilities of the hearing officer shall be set forth in the contract. Reimbursement to the office of administrative hearings for the services of hearing officers shall be made as provided in the contract. If no provision for reimbursement is contained in the contract, reimbursement shall be made on a pro rata basis of actual cost to the office of administrative hearings in providing the service including salaries, benefits, overhead and any travel expenses.

(Ord. No. 2009-395, § 1, 10-12-2009; Ord. No. 2021-497, § 4(Exh. A), 10-4-2021)