Calabasas Municipal Code Ch. 1.17 Administrative Enforcement

The city council has determined that the enforcement of this Code, any uniform or other code it adopts by reference, and any other ordinance of the city is an important public service and is vital to the protection of the public's health, safety and quality of life. The city council has determined that there is a need for alternative methods of code enforcement and that a comprehensive code enforcement system includes criminal, civil and administrative remedies.

(Ord. 2005-213 § 2 (part), 2005)

Unless specifically defined below, words or phases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter it's most reasonable application.

"Administrative citation" means a notice issued pursuant to Section 1.17.080 of this chapter.

"Appellant" means a person who seeks an administrative hearing on an administrative citation in the manner required by this chapter.

"City manager" means the city manager or his or her designee.

"Code violation" means any violation of this Code or any other ordinance of the city, including any codes adopted by reference as permitted by law and any violation of any condition imposed upon the issuance of any permit, license, or other approval (e.g., subdivision map, use permit, variance, zoning clearance) pursuant to this Code or any other ordinance of the city.

"Enforcement officer" means an individual designated by the city manager to act under this chapter.

"Hearing authority" means the city manager or his or her designee.

"Issue" means to provide a notice of violation, an administrative citation, a notice of hearing, a notice of the continuance of a hearing, or a notice of decision by: (1) personally serving it on a responsible person; (2) mailing it to a responsible person by first class mail; or (3) posting it in a conspicuous place on the property to which it relates and mailing a copy of it to a responsible person at the address where the violation occurred.

"Notice of decision" is defined in Section 1.17.150(H) of this chapter.

"Notice of violation" means any notice that informs a person that a code violation has occurred whether or not given in compliance with Section 1.17.040 of this chapter.

"Preliminary reviewing authority" means the community development director or his or her designee.

"Responsible person" means any of the following:

1. A person who, by action or inaction, causes, maintains, permits or allows a code violation;

2. A person whose agent, employee, or independent contractor, by action or inaction, causes, maintains, permits or allows a code violation;

3. An owner of real property on which a code violation occurs;

4. A lessee or sublessee with the current right of possession of real property on which a code violation occurs;

5. A person that uses real property on which a code violation occurs;

6. An on-site manager who regularly works on real property on which a violation occurs and who is responsible for the business or other activities on that real property;

7. The owners, majority stockholders, corporate officers, trustees, general partners and any other person with the authority to act for a legal entity that is a responsible person under subsections (1) through (6) above;

8. If any of the above persons are minors or incompetent, the parents or guardians of such persons shall be deemed responsible persons.

(Ord. 2005-213 § 2 (part), 2005)

Enforcement officers may issue notices of violation and administrative citations, inspect public and private property, and use whatever judicial and administrative remedies are available under this Code and other law to enforce the ordinances of the city. More specific provisions regarding administrative or other enforcement authority and procedures for particular violations may exist in this Code and shall, to the fullest extent permissible, be construed to complement rather than contradict this chapter.

(Ord. 2005-213 § 2 (part), 2005)

Whenever an enforcement officer determines that a violation exists, the enforcement officer may issue a notice of violation to any responsible persons. The notice of violation must include the following information:

A. The code section(s) or other ordinances violated;

B. A description of the condition creating or constituting the violation(s);

C. The address where the violation(s) occurs;

D. The name of the responsible person and any other involved persons known to the enforcement officer;

E. The date and, if relevant, time at which the violation was observed;

F. If applicable, a list of any corrections necessary to bring the property into compliance;

G. A deadline by which to correct the violation(s);

H. The signature of the enforcement officer issuing the notice of violation;

I. The date the notice of violation is issued.

(Ord. 2005-213 § 2 (part), 2005)

Enforcement officers are authorized to enter upon any property or premises within the city to ascertain whether the ordinances of the city are being obeyed, and to make any examination and surveys as may be necessary in the performance of their enforcement duties, in accordance with Fourth Amendment of United States Constitution and the related protections of the California Constitution. These inspections may include the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations and surveys shall be performed reasonably and in accordance with law. If an owner or occupant of property or his or her agent refuses to consent to entry and inspection, an enforcement officer may seek an administrative inspection's warrant pursuant to law.

(Ord. 2005-213 § 2 (part), 2005)

An enforcement officer may record with the Los Angeles County Registrar Recorder a notice against a property which is the subject of an administrative enforcement action to give notice to potential transferees of the property of code violations thereon. A notice of pending administration action shall be on a form approved by the city manager and shall describe the nature of the administrative action and refer to the code provision governing the pending administrative action.

(Ord. 2005-213 § 2 (part), 2005)

A. Any responsible person may be subject to an administrative fine pursuant to this chapter for any code violation.

B. Each and every responsible person is jointly and severally liable, in accordance with notice and procedures of this chapter, for all fines, penalties and interest imposed for the code violation(s) as to which he or she is a responsible person.

C. A violation constitutes a separate and distinct violation for each day that it exists and each such violation may be subject to the maximum fine permitted under this chapter.

D. An administrative citation may charge: (i) a code violation for one or more days on which a violation exists; and (ii) violation of one or more code sections.

E. The administrative fines delineated in this chapter are in addition to, and do not preclude imposition of, any other remedies, criminal, civil, or administrative, available to the city. Imposition of administrative fines shall be at the sole discretion of the city.

(Ord. 2005-213 § 2 (part), 2005)

An enforcement officer may, without first issuing a notice of violation, issue an administrative citation to one (1) or more responsible persons for violations that do not concern Title 15, or the portions of Title 17 that regulate building, plumbing, electrical, or other similar structural requirements, of the code. If an administrative citation is for a continuing violation of Title 15 or the portions of Title 17 that regulate building, plumbing, electrical, or other similar structural requirements, the enforcement officer shall first issue a notice of violation, which shall include a reasonable period to correct or otherwise remedy the violation. Notwithstanding the foregoing, if the violation is an immediate danger to health or safety, a notice of violation is not required before an enforcement officer may issue an administrative citation.

(Ord. 2005-213 § 2 (part), 2005)

(Ord. No. 2020-385U, § 1, 10-28-2020; Ord. No. 2021-386, § 1, 1-13-2021)

An administrative citation shall include the following:

A. The code section(s) or other ordinances violated;

B. A description of the condition creating or constituting the violation(s);

C. The address where the violation(s) occurs;

D. The name of the responsible person(s) and any other involved persons known to the enforcement officer;

E. The date and, if relevant, time at which the violation was observed;

F. If applicable, a list of any corrections necessary to correct the code violations;

G. The signature of the enforcement officer issuing the administrative citation;

H. The date the administrative citation is issued;

I. The amount and due date of the fine;

J. A description of the procedure to pay the fine;

K. A description of the procedure for requesting a preliminary review, waiver of fine deposit and hearing to contest the administrative citation;

L. A statement that a lien may be imposed against the property on which a violation occurs in the amount of any unpaid fines and any penalties and interest thereon;

M. Any other information deemed necessary for enforcement or collection of the administrative fines.

(Ord. 2005-213 § 2 (part), 2005)

The city council, planning commission, any other board or commission of the city, and city staff may consider the fact that a person has been issued an administrative citation when determining whether to grant, suspend, revoke, or deny any permit, license, or other approval, regarding a matter related to the condition causing a code violation, and may consider such administrative citation to be evidence that the person has committed acts that threaten the health, safety and welfare of the general public.

(Ord. 2005-213 § 2 (part), 2005)

A. Under the authority granted to the city by the California Constitution, Article I, Section 7, and Government Code Sections 36900, 36901 and 53069.4, any violation of this Code that constitutes a misdemeanor may be separately subject to an administrative fine of one thousand dollars ($1,000.00). Under the same authority, any violation of this Code that constitutes an infraction may be separately subject to an administrative fine in the following amounts:

1. A fine of one hundred dollars ($100.00) for a first violation;

2. A fine of two hundred dollars ($200.00) for a second violation of the same provision of code or ordinance within one (1) year;

3. A fine of five hundred dollars ($500.00) for each additional violation of the same provision of code or ordinance within one (1) year.

All such fine amounts may be modified from time to time, by resolution of the city council. The schedule of fines may include escalating fine amounts for repeated code violations within specific periods of time.

B. Any violation of Title 15 of this Code that constitutes an infraction, including any misdemeanor violation under Section 15.04.840 reduced to an infraction under the authority of Section 1.16.010, may be subject to a separate administrative fine in the following amounts:

1. A fine of not more than one hundred and thirty dollars ($130.00) for a first violation;

2. A fine of not more than seven hundred dollars ($700.00) for a second violation of the same provision of code or ordinance within one (1) year;

3. A fine of not more than one thousand, three hundred dollars ($1,300.00) for each additional violation of the same provision of code or ordinance within one (1) year.

4. A fine of not more than two thousand, five hundred dollars ($2,500.00) for each additional violation of the same provision of code or ordinance within two (2) years, if the property is a commercial property that has an existing building at the time of the violation and the violation is due to any failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

The responsible party subject to any heightened administrative fine for any violation of Title 15 of this Code under this subsection may apply to the city manager, on a form to be promulgated by the city manager, for approval of a hardship waiver to reduce, but not eliminate, the administrative fine if the city manager finds that good cause exists to show that the responsible party has made a bona fide effort to comply with the code after the first violation and that payment of the full administrative fine would impose an undue financial burden on the responsible party. All such fine amounts may be further modified from time to time, by resolution of the city council. The schedule of fines may include escalating fine amounts for repeated code violations within specific periods of time.

C. The due date for payment of an administrative fine is fifteen (15) days from the date of service of an administrative citation. If a responsible person does not pay an administrative fine by the due date, he or she shall also incur a late charge and interest on the unpaid administrative fine(s) for every day of delinquency. The city council shall establish the late charge amount and interest rate by resolution and may amend those amounts in the future by resolution.

(Ord. 2005-213 § 2 (part), 2005)

(Ord. No. 2020-385U, § 2, 10-28-2020; Ord. No. 2021-386, § 2, 1-13-2021)

A. All fines are due on the day specified in the administrative citation.

B. Fines shall be paid to the city manager. Payment may be made by mailing the fine amount paid by check or money order. Cash payments may be made only at City Hall.

C. Payment of a fine pursuant to this chapter shall not excuse or discharge any continued or repeated violation of this Code.

D. Pending a hearing by the hearing authority, payment of a fine may be stayed if the preliminary reviewing authority determines, pursuant to Section 1.17.130 of this chapter that a responsible person is unable to pay the fine.

(Ord. 2005-213 § 2 (part), 2005)

A. A person to whom an administrative citation is issued may request a preliminary review within ten (10) days of the date the administrative citation is issued. Failure to request a preliminary review within that time waives any preliminary review.

B. A request for a preliminary review shall be made in writing and filed with the city and shall include all information that the person requesting the review desires the preliminary reviewing authority to consider. A request for preliminary review may include a request for waiver of the fine deposit. A person requesting a waiver of fine deposit bears the burden to establish by substantial evidence, including a sworn affidavit, that he or she is unable to pay the fine imposed by the administrative citation.

C. The preliminary review authority shall review the administrative citation, the written request for a preliminary review, and any evidence the person requesting the review may submit and make the determination required by subsection (F) of this section.

D. The cited person shall be notified of the results of the preliminary review within ten (10) business days of the filing of a request for preliminary review. The decision on a preliminary review is not a final disposition of an administrative citation and therefore is not, in and of itself, subject to judicial review.

E. A request for preliminary review shall not extend any time period for correction of a code violation, the date that any fine is due, or the time in which to request an administrative hearing.

F. If the preliminary reviewing authority concludes that the code violation(s) stated in the administrative citation did not occur or that the person to whom the administrative citation issued is not a responsible person with respect to the code violation(s), then he or she shall dismiss the administrative citation in its entirety, if all cited violations are disproved, or as to the cited violations which are disproved, without prejudice to the issuance of a further administrative citation should additional evidence be developed. Otherwise, the preliminary reviewing authority shall confirm the administrative citation. The preliminary reviewing authority shall also determine whether the responsible person qualifies for waiver of the fine deposit, if a waiver is requested.

(Ord. 2005-213 § 2 (part), 2005)

A. A person to whom an administrative citation is issued may request an administrative hearing within thirty (30) days of the issuance of the administrative citation whether or not he or she requested a preliminary review of that citation and whether or not a preliminary review occurred. Failure to timely request an administrative hearing in the manner required by this chapter constitutes a waiver of the hearing and a failure to exhaust administrative remedies.

B. A request for an administrative hearing shall be made in writing and filed with the city, and shall state any grounds which the appellant wishes the city to consider. Unless waived upon preliminary review, the request shall be accompanied by a deposit of the fine imposed by the administrative citation, in the event the fine has not yet been paid.

C. An appellant may request one continuance of a hearing provided he or she does so in writing before the date of the hearing and states a reasonable basis for the request. Unless the city issues a written notice of continuance, the hearing shall take place on the date, time and location specified in a notice of hearing issued to the appellant. An appellant's failure to attend a hearing shall constitute an abandonment of the request for the hearing and a failure to exhaust administrative remedies.

(Ord. 2005-213 § 2 (part), 2005)

A. The hearing shall be conducted by the hearing authority on the date, time and location specified in a notice of hearing issued to the appellant.

B. An administrative citation and other reports prepared by an enforcement officer concerning a code violation shall be accepted by the hearing authority as prima facie evidence of the facts stated in such documents.

C. The hearing authority shall allow the appellant an opportunity to testify at the hearing and to present evidence about any code violation(s) specified in the administrative citation.

D. The enforcement officer and other representatives of the city may, but need not, attend the hearing.

E. The hearing authority may continue a hearing from time to time and allow an appellant or other responsible person additional time to remedy a violation. In addition, the hearing authority may request additional information or evidence from the appellant.

F. All hearings shall be recorded on a video or audio device, unless the city elects to use a court reporter. If a court reporter is not used, the city need not provide transcriptions of any hearings, but, within fifteen (15) calendar days after payment of reasonable duplication fee, shall make a copy of the video and audio recordings available to any responsible person with respect to the code violations which were the subject of the hearing. If a court reporter is used, such a responsible person may obtain a copy of the transcript upon payment of any fees or costs incurred by the city in providing the transcript.

G. A hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence may be admitted if it is evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might consider such admission improper in a civil action. The hearing officer may exclude irrelevant or unduly repetitious evidence.

H. After considering all testimony and evidence submitted at the hearing, the hearing authority shall issue a written decision to affirm, modify or dismiss the administrative citation in all or part. The decision shall include the hearing authority's findings, as well as information regarding the cited person's right to seek judicial review of the decision and the time in which to do so. The city shall issue the hearing authority's written decision (the "notice of decision") to the appellant. The decision of the hearing authority shall be final.

I. If the hearing authority determines that the administrative citation should be affirmed in all or part, the city shall retain any funds on deposit as payment of the fine for any code violation affirmed and any penalty or interest whether or not with respect to an affirmed code violation. The city shall refund to the person who paid them the fine for any code violation which is not affirmed, and if an administrative citation is overturned in its entirety, any penalties and interest imposed on account of that administrative citation, as well.

(Ord. 2005-213 § 2 (part), 2005)

An appellant may seek judicial review of the hearing authority's decision by filing a petition for review with the superior court, pursuant to Government Code Section 53069.4, within twenty (20) days after the notice of decision is issued to him or her.

(Ord. 2005-213 § 2 (part), 2005)

A. The city may pursue any and all legal and equitable remedies for the collection of fines, interest and penalties; resort to any one remedy shall not foreclose subsequent or simultaneous resort to any other.

B. Delinquent fines, interest and penalties may be recorded as a lien or special assessment against a property on which a code violation occurred. Prior to recording a lien or special assessment, the city shall prepare a cost report itemizing the amount owed by the responsible persons and give known responsible parties reasonable opportunity to be heard with respect to that cost report. The city shall comply with any other law applicable to the recording of any delinquent fines, interest and penalties as a lien on the property, or as a special assessment.

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

(Ord. 2005-213 § 2 (part), 2005)