Burbank Municipal Code Art. 1 General Provisions

This code may at all times be referred to as the MUNICIPAL CODE OF THE CITY OF BURBANK or BURBANK MUNICIPAL CODE and whenever cited hereafter in connection with any of the provisions that follow, may be referred to as “this code”. It shall be sufficient to designate any ordinance adding to, amending or repealing this code as an addition or amendment to or repeal of, the “Municipal Code of the City of Burbank” or “Burbank Municipal Code”. Also, in any prosecution for the violation of any provision of this code, it shall be sufficient to designate this code as the “Municipal Code of the City of Burbank” or “Burbank Municipal Code”. [Formerly numbered Section 1-1; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3593, eff. 3/9/02.]

Neither the adoption of this code nor the repeal of any ordinance of this City shall in any manner affect the prosecution for violation of ordinances committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty at said effective date due and unpaid under such ordinance, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any

ordinance, and all rights and obligations thereof appertaining shall continue in full force and effect. [Formerly numbered Section 1-2; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3593, eff. 3/9/02.]

The provisions of this code, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. [Formerly numbered Section 1-3; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3593, eff. 3/9/02.]

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 hereby 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 or any part thereof should be declared invalid or unconstitutional, then the original ordinance or ordinances which said code or part thereof supersedes shall be in full force and effect. [Formerly numbered Section 1-4; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3593, eff. 3/9/02.]

A. Misdemeanors; Infractions: It shall be unlawful for any person to violate any provision or to 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 shall be guilty of a misdemeanor unless:

1. The violation is classified as an infraction by the State Vehicle Code or this code in which case the person shall be guilty of an infraction; or

2. The City Attorney files a complaint charging the offense as an infraction; or

3. A public officer designated in subsection C of this section issues a citation charging the offense as an infraction.

B. Punishment: Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the Jail of the City of Burbank or in the County Jail of Los Angeles County for a period of not more than six (6) months or by both such fine and imprisonment.

Any person convicted of an infraction under the provisions of this code, unless provision is otherwise herein made, shall be punishable upon a first conviction by a fine of not more than one hundred dollars ($100.00), and for a second conviction within a period of one year by a fine of not more than two hundred dollars ($200.00), and for third or any subsequent conviction within a period of one year by a fine of not more than five hundred dollars ($500.00).

C. Public Officers Authorized to Issue Citations: The Public Works Director, the Community Development Director, Parks and Recreation Director, and the General Manager of the Burbank Water and Power Department, or any of their designated deputies or employees, shall, in enforcing the provisions of this code within their regulatory responsibilities, have the authority to cite violators for infractions or to issue administrative citations as set forth in Section 1-1-108.1 of this article. [Formerly numbered Section 1-5; renumbered by Ord. No. 3058; 3158, 2954, 2749, 2196; amended by Ord. No. 25-4,028, eff. 7/25/25; 23-3,989; 3593.]

Each person convicted of a misdemeanor or infraction under the provisions of this code shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall be punished accordingly. [Formerly numbered Section 1-6; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3593, eff. 3/9/02; 2196.]

In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the City Attorney may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense. [Formerly numbered Section 1-7; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3593, eff. 3/9/02.]

In addition to the penalties provided in Section 1-1-105 of this article, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day that such condition continues shall be regarded as a new and separate offense. [Formerly numbered Section 1-8; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3593, eff. 3/9/02.]

1-1-108.1: ADMINISTRATIVE CITATIONS:

A. Establishment: The procedures established in this section may be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the Municipal Code. The use of an administrative citation in place of other remedies shall be at the sole discretion of the Enforcement Officer. Issuance of an administrative citation shall not be deemed a waiver of any other enforcement remedies found within this code.

B. Responsible Person, Definition: For the purpose of this section a responsible person is any of the following:

1. A person who causes a code violation to occur.

2. A person who maintains or allows a code violation to continue, by their action or failure to act.

3. A person whose agent, employee, or independent contractor causes a code violation by their action or failure to act.

4. A person who is the owner of, and/or a person who is a lessee or sublessee with the current right of possession of, real property where a property related code violation occurs.

5. A person who is the on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities of such premises.

C. Enforcement Officer: Any Police Officer or City employee or agent of the City of Burbank designated by the Director of any City department which has the authority and responsibility to enforce provisions as set forth in Section 1-1-105 of this code is hereby designated as an Enforcement Officer for the purposes of this section.

D. Contents of Administrative Citation: Each administrative citation shall contain the following information:

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

2. The code section(s) or conditions violated and a description of the violation(s).

3. The amount of the fine for the violation(s).

4. An explanation of how the fine shall be paid and the time period by which it shall be paid.

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

6. The name and signature of the Enforcement Officer issuing the citation.

7. If the violation is one which is continuing, an order to correct the violation and an explanation of the consequences for failing to correct the violation.

E. Service Procedures: In any case where an administrative citation is issued:

1. Personal Service: The Enforcement Officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If the responsible person served 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. In the event that the administrative citation arises from or relates to real property within the boundaries of the City of Burbank, the Enforcement Officer may elect to serve the responsible person by deposit in the United States mail, in a sealed envelope, postage prepaid, addressed to [such person at such person’s last known business or residence address as the same appears in public records or other records pertaining to the matter to which such notice is directed] OR [the person that owns, resides or otherwise is the person who appears in the public records or other records relating to the real property to which the matter which such notice is directed]. Such service by mail shall be deemed to be completed at the time of deposit in the United States post office.

2. Service of Citation by Mail: If the Enforcement Officer is unable to locate the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to

first class mail, provided the citation sent by first class mail is not returned.

F. Fines:

1. Payment: Any responsible person who receives an administrative citation shall not be required to pay a fine in excess of the following:

a. One hundred dollars ($100.00) for a first issued administrative citation.

b. Two hundred dollars ($200.00) for a second issued administrative citation for a violation of a same ordinance within a twelve (12) consecutive month period.

c. Five hundred dollars ($500.00) for any subsequent issued administrative citation for violations of the same ordinance within a twelve (12) consecutive month period.

2. Failure to Pay Fine: The failure of any person to pay the civil fines assessed by an administrative citation may result in the matter being referred for collection which includes, but is not limited to, the filing of a Small Claims Court action.

3. Waiver of Fine: If an administrative citation is issued for a violation which is continuing and pertains to building, plumbing, electrical, or other similar structural or zoning issues and which does not create an immediate danger to health and safety, a reasonable period of time shall be given to the responsible party to correct the violation. If the violation is remedied prior to the expiration of the correction period no fine shall be imposed.

G. Satisfaction of Administrative Citation; Upon receipt of a citation, the responsible person must do the following:

1. Pay the fine to the City within fifteen (15) days from the date of the citation. All fines assessed shall be payable to the Burbank Finance Department or its designated third-party collection vendor. Payment of a fine shall not excuse or discharge a failure to correct continuing violations, nor shall it bar further enforcement action by the City.

2. If the violation is one which pertains to building, plumbing, electrical, or other similar structural or zoning issues and does not create an immediate danger to health and safety and is corrected within the time given, no fine shall be imposed. If the responsible person fails to correct such violation, all fines must be paid within fifteen (15) days of the correction date and subsequent administrative citations may be issued for the same violation.

H. Appeal of the Administrative Citation:

1. Time to File an Appeal: Any recipient of an administrative citation may contest that there was a violation of the Burbank Municipal Code or that they are the responsible person by completing a “Request for Hearing” form online or returning it by mail so that it is received within fifteen (15) days from the date the administrative citation is served or deemed to have been served, together with an advanced deposit of the fine. Such “Request for Hearing” forms shall be made available at no charge on the City’s website or by the City Clerk. A failure to file a timely “Request for Hearing” shall be deemed a waiver of the right to appeal the citation and to seek judicial relief.

2. Return of Deposit: Any administrative citation fine which 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 or that there was no violation as charged in the administrative citation.

3. Hearing Officer: The Burbank City Manager shall designate the hearing officer for the administrative citation hearing.

4. Hearing Procedure:

a. No hearing to contest an administrative citation before a Hearing Officer shall be held unless and until a timely “Request for Hearing” form has been completed and submitted, and the fine has been deposited in advance.

b. After receipt of the “Request for Hearing” form and fine deposit, a hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) and not more than sixty (60) days from the date that the “Request for Hearing” is filed in accordance with the provisions of this section. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. The failure of a recipient of an administrative citation to appear at the hearing shall constitute a forfeiture of the fine and be a bar to judicial review of the Hearing Officer decision based upon a failure to exhaust administrative remedies.

c. The Hearing Officer shall only consider evidence that is relevant to whether the violation occurred and whether the responsible person has caused or maintained the violation of the Municipal Code on the date(s) specified in the administrative citation.

d. The responsible person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

e. The administrative citation and any additional document submitted by the issuing officer/employee shall constitute prima facie evidence of the respective facts contained in those documents. Formal rules of evidence shall not apply.

f. Upon request, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the issuing officer/employee when issuing the citation. In addition, if the issuing officer/employee submits any additional written reports concerning the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of said documentation shall also be served by mail on the person requesting the hearing.

g. The Hearing Officer may continue the hearing and request additional information from the issuing officer/employee or the recipient of the administrative citation prior to issuing a written decision.

5. Hearing Officer’s Decision: After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer may immediately issue a verbal decision or may issue a written decision within ten (10) days of the hearing. The decision shall include the reasons for the decision and such decision shall be final. If the Hearing Officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City. If the Hearing Officer determines that the administrative citation should be canceled and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine.

I. Collection of Unpaid Fines: Failure to pay the assessed administrative fine within fifteen (15) days or such other time limit set forth in the administrative citation, and/or to successfully challenge by a timely appeal as provided in this section, this obligation shall constitute a special assessment and/or lien against the real property on which the violation occurred. The special assessment and/or lien shall be imposed pursuant to the procedure set forth in Section 9-1-13-106.5.4 of this code. Alternatively, the matter may be referred for collection, which includes, but is not limited to, the filing of a Small Claims Court action, or referral to the Franchise Tax Board for collection.

J. Right to Judicial Review: Any person who is aggrieved by the decision of the Hearing Officer may obtain judicial review of such decision by filing an appeal to be heard as a limited civil case in the Superior Court of California, County of Los Angeles, within twenty (20) days of the decision or service thereof. Such appeal shall be completed pursuant to California Government Code Section 53069.4. The appeal filed with the court must also contain a proof of service showing a copy of the appeal was served upon the “City of Burbank (Attention: City Attorney)”. If the court finds in favor of the contestant the amount of the filing fee, not to exceed twenty five dollars ($25.00), as well as any fine deposit shall be paid to the contestant by the City of Burbank. No other fees or costs shall be paid unless ordered by the court. [Amended by Ord. No. 23-3,989, eff. 3/31/23; 3593.]

A. Notice to Appear; Contents: If any person is arrested for a violation of any provision of this code and such person is not immediately taken before a magistrate as prescribed in the State Penal Code, 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 notice shall comply with Section 853.6 of the State Penal Code.

B. Signature and Release of Violator: The arresting officer shall deliver one copy of the notice to the arrested person and shall secure their written promise to appear in court at the time and place specified in the notice by having them sign the duplicate copy. [Formerly numbered Section 1-9; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3593, eff. 3/9/02.]

To coordinate all related provisions of the law, initiative ordinances are inserted in this code and given code section numbers. In each such case, the character of the ordinance as an initiative ordinance is noted in parentheses in the heading of the article or at the end of the section. This coordination of initiative ordinances with the code does not alter their character as such. Any violation of the provisions of an initiative ordinance is punishable as provided therein, rather than under the general penal clause of this code. [Formerly numbered Section 1-10; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3593, eff. 3/9/02.]

[Formerly numbered Section 1-11; renumbered by Ord. No. 3058, eff. 2/21/87; deleted by Ord. No. 3593, eff. 3/9/02.]

Except as otherwise provided in this code, all fees, penalties, refunds, reimbursements, and charges of any kind collected by the City shall be designated in the Burbank Fee Resolution, as amended by the Council from time to time. Whenever applicable throughout the code, reference shall be made to the Burbank Fee Resolution in lieu of any reference to specific fee amounts. [Added by Ord. No. 2926;

formerly numbered Section 1-11.1; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3593, eff. 3/9/02.]

Whenever a new article, division or section is added to this code, or an existing article, division or section is repealed, or the heading of an article, division or section is altered, the summary of articles at the beginning of each chapter, or divisions or sections at the beginning of each article, or sections at the beginning of each division, as the case may be, shall be and hereby is amended to show the addition, deletion or change in title of such article, division or section. [Formerly numbered Section 1-12; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3593, eff. 3/9/02.]

Whenever the title of any officer or employee of the City is amended, any reference to such title which appears in any part of this code is deemed simultaneously amended to conform to the amended title. [Added by Ord. No. 2595; formerly numbered Section 1-12.1; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3593, eff. 3/9/02.]

1-1-114.1: NOTATION OF AMENDMENTS:

Upon the adoption of any amendment or addition to this code, or upon the repeal of any of its provisions, the City Clerk shall certify thereto and shall make an appropriate notation in the volumes of the code of the taking of such action, noting thereon the number of the ordinances pursuant to which such action is taken. [Added by Ord. No. 3593, eff. 3/9/02.]

Copies of this code, in such number as the Council may deem adequate, and including the Charter, and index, and such other material as the City Attorney may prescribe, shall be prepared in looseleaf form and shall be mounted in binders to withstand heavy usage. Form, size, arrangement and page numbering shall be determined by the City Clerk. [Formerly numbered Section 1-13; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3593, eff. 3/9/02.]

Copies of the code and other matter printed for use therewith, including added and reprinted pages, shall be distributed by the City Clerk as follows:

A. Free Distribution: Distribution shall be made without charge to the following:

1. One bound set, with maintenance service, to each officer of the City, each head of a department or office of the City, and each assistant or other employee in each department or office of the City as the head thereof may designate;

2. Any member of the Council who desires to retain their set after leaving the Council and any City Clerk or City Treasurer who desires to retain their set after leaving office may do so and shall receive free maintenance service to the end of the calendar year;

3. One bound set, with maintenance service, to each public library in the City;

4. One bound set, with maintenance service, to each municipal association or municipal legal organization as may be designated by the City Manager or City Attorney;

5. One set, with or without binder or maintenance service, to each City as may be designated by the Mayor, who shall have the power to reciprocate the courtesies of other cities by presenting to each a set, with or without binder or maintenance service;

6. One or more pages to the United States, any foreign government, any state, or any political subdivision, agency, district, office, court or legislative committee thereof, upon request therefor, as may be authorized by the City Manager, the City Attorney, or the City Clerk; and

7. Whomsoever the Council designates by resolution.

B. Sales: Copies of the code and other printed matter used in connection therewith shall be sold to the general public, with or without binder or maintenance service, at a price to be fixed by the City Clerk, and found in the Fee Resolution. The purchaser shall have the option of ordering the code and other printed matter, with or without binder or maintenance service.

C. Records: The City Clerk shall keep appropriate records of distributions and sales made hereunder. [Formerly numbered Section 1-14; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3593, eff. 3/9/02; 2729.]

Whenever the Council adopts an amendment or addition to this code, or repeals any of its provisions, or whenever the Charter is amended, or whenever the City Clerk or City Attorney amends the table of contents or index, the City Clerk shall cause the loose leaf pages of the Code or printed matter in which changes have been made, to be reprinted as required by the City Attorney, showing the changes and a notation as to the ordinance, if any, by which such changes are adopted. The City Clerk shall cause copies of each and every such reprint to be distributed to each distributee and to every purchaser of the code who has ordered and paid for maintenance service. [Formerly numbered Section 1-15; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 3593, eff. 3/9/02.]