Chino Municipal Code Ch. 1.15 Administrative Fines

Footnotes:

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Editor's note— Ord. No. 2014-014, § 1, adopted Sept. 16, 2014, amended ch. 1.15 in its entirety to read as herein set out. Former ch. 1.15, §§ 1.15.010—1.15.090, pertained to similar subject matter, and derived from Ord. 2004-06 § 1 (part), 2004; Ord. 2004-17 §§ 1—5, 2004; Ord. 2005-07 § 1, 2005; Ord. 2007-05 § 1, 2007; Ord. No. 2010-05, § 2, 2010; and Ord. No. 2011-02, § 3, 2011.

A. This chapter makes any violation of this code subject to an administrative citation and fine. A violation includes, but is not limited to, any violation of this code, adopted or uniform code, or other ordinance of the city and for failing to comply with any condition imposed by any entitlement, agreement or environmental document issued or approved under the provisions of this code.

B. This chapter establishes the administrative procedures for the imposition, enforcement, collection, and review of administrative citations and fines pursuant to Government Code section 53069.4 and the city's police power.

C. The issuance of an administrative citation under this chapter is solely at the city's discretion and is one option the city has to address violations of this code. By adopting this chapter, the city does not intend to limit its discretion to utilize any other remedy, civil or criminal, to enforce the provisions of this code and any other ordinance of the city.

D. The purpose of issuing administrative citations pursuant to this chapter is to encourage voluntary and complete compliance with the provisions of this code and to eliminate nuisances for the protection and benefit of the entire community.

E. Because of the serious blighting conditions that can result affecting the residents' health and safety, this chapter is intended to impose strict civil liability upon the owners, lessees, and tenants of real property for all violations.

(Ord. 2014-014, § 1, 2014.)

The following definitions apply to the use of these terms for the purposes of this chapter:

A. "Building violation" or "zoning violation" means any violation of Title 15 or Title 20 of this code that does not pose an immediate danger to health or safety.

B. "Administrative citation" means a notice issued pursuant to this chapter that there has been a violation of the code in the form specified in this chapter. "Administrative citation" includes a notice of non-correction unless the context clearly shows otherwise.

C. "Citee" means a person given an administrative citation charging him or her as a responsible person for a code violation.

D. "City Clerk" means the City Clerk or his or her designee.

E. "Director" means the City Manager or his or her designee.

F. "Enforcement officer" means any employee or agent of the city authorized to enforce the provisions of this code as designated by the City Manager, including but not limited to a code enforcement officer and police officer.

G. "Hearing officer" means the person appointed by the City Manager to preside over and issue a decision in an administrative hearing.

H. "Issued" means giving an administrative citation to the citee. Issuance occurs on the date when a civil citation is personally served on the citee, the date it is mailed to the citee, or the date it is posted on real property where a property-related violation occurs.

I. "Issuing department" means the city department that has the authority and responsibility for enforcing the code section(s) designated on a citation as having been violated.

J. "Notice of decision" means a written notice issued to a citee to inform the citee of the decision made regarding various provisions of this chapter.

K. "Notice of non-correction" means a notice contained in a second administrative citation issued for a building violation stating the violation on the prior administrative citation has not been corrected within the applicable correction period.

L. "Person" includes a natural person, a legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.

M. "Responsible person" means 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 his or her action or failure to act.

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

4. A person who is the owner of, and a person who is a tenant, 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 at such premises.

6. A person who is the beneficiary under a deed of trust for the property where a property-related code violation exists and that person has not corrected the violation within fifteen days after being notified by the director in writing of the violation and the fact that the trustor under the deed of trust is no longer living on the property and his or her whereabouts are unknown.

For purposes of this subsection, there shall be a legal presumption that the record owner of a parcel according to the county's latest equalized property tax assessment rolls, and any tenant, lessee or sublessee of a parcel has notice of any code violation existing on the premises.

For the purposes of this chapter, there may be more than one responsible person for a code violation.

(Ord. 2014-014, § 1, 2014.)

A. Any code enforcement or peace officer of the city, upon determining that a provision of this code has been violated has the authority to issue an administrative citation to any responsible person or persons. Such officer may issue an administrative citation for a violation the officer did not see occur if the officer has determined, through proper investigation, that the responsible person committed the violation. An administrative citation issued to a responsible person shall become effective, due and payable immediately upon issuance of the administrative citation, with the exception of administrative citations issued for building or zoning violations, as specified in section 1.15.040 of this chapter.

B. Every person who applies for and receives a permit, license, or any type of land use approval (e.g., subdivision maps, conditional use permits, variances), shall comply with all conditions imposed upon the issuance of the permit, license or other approval. If a person violates any condition of such permit, license or approval, he or she may be issued an administrative citation and be liable for fines under the provisions of this chapter.

C. The city may take into consideration the fact that a person has been issued administrative citations when the city is determining whether to grant, suspend, revoke, or deny any permit, license, or any type of land use approval for the person and such administrative citations are evidence that the person has committed acts that are not compatible with the health, safety and general welfare of other persons and businesses in the vicinity.

(Ord. 2014-014, § 1, 2014.)

A. When an administrative citation is issued for a building or zoning violation under Titles 15 or 20, respectively, and the violation does not pose an immediate danger, a citee shall have at least fifteen calendar days to correct such building or zoning violation. A citee may be given more than fifteen days to correct or otherwise remedy a building violation if deemed necessary and appropriate by the enforcement official. Notwithstanding section 1.15.030, no responsible person shall be liable for an administrative fine unless and until such building or zoning violation continues after the time period allowed for correction as specified on the administrative citation.

B. The citee of a building or zoning violation, as provided in this chapter, may request an extension of the correction period specified on the administrative citation provided that a request is filed with the director before the correction period ends. The director may in his or her discretion grant a reasonable extension of the period of time to correct the building violation if the citee has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period specified on the administrative citation. The director's decision shall be in writing and is final. The filing of a request for such extension does not, unless granted, extend the correction period or any other time periods set by this chapter.

C. If a building or zoning violation, as defined in this chapter, has not been corrected by the end of the correction period specified on the administrative citation, the enforcement or peace officer may issue to the responsible person a second administrative citation containing a notice of non-correction. The citee to whom the notice of non-correction is issued shall be liable for and shall pay to the city the fine(s) described in the administrative citation. The second and any subsequent administrative citation(s) issued to a responsible person within twelve months of the first administrative citation shall be effective, due, and payable immediately upon issuance. Additional administrative citations may be issued and fines imposed for every day the violation continues uncorrected from the date the second administrative citation is issued.

D. If, upon re-inspection, the enforcement officer determines the violation has been corrected, he or she shall issue a notice to the citee indicating correction has been made.

(Ord. 2014-014, § 1, 2014.)

A. Each administrative citation shall contain the following information:

1. Name of the responsible person charged for the violation of this code.

2. Date(s) on which the code violation existed or occurred.

3. Address or location where the code violation occurred.

4. The code section violated.

5. Description of the violation.

6. Amount of the fine for the violation and procedure to pay the fine and to avoid a late payment penalty.

7. Designation of a building or zoning violation (if applicable), date the correction period expires, and how to request an extension of that period, and designation of a notice of non-correction (if applicable) for a building or zoning violation that has not been corrected.

8. Description of the procedure for requesting a hearing to contest an administrative citation. Signature of the enforcement officer issuing the administrative citation.

9. Date the administrative citation is issued.

10. Name of the issuing officer.

11. Any other information deemed necessary by the city for enforcement or collection purposes.

(Ord. 2014-014, § 1, 2014.)

An administrative citation may be served as follows:

A. An enforcement officer may personally serve the administrative citation on the citee. The citee is required to sign a copy of the administrative citation showing his or her receipt of the administrative citation. Notwithstanding the foregoing, the failure or refusal of a citee to sign the administrative citation shall not affect its validity or the service of the citation.

B. Alternatively, an enforcement officer may mail the administrative citation by registered United States mail to the citee. The administrative citation shall be mailed to the citee's address shown on the county's last equalized property tax assessment rolls for a property-related violation, or to any address known for the citee for all other violations. Service shall be deemed complete at the time of deposit into the mail.

C. An enforcement officer may post a copy of the administrative citation on the property in a conspicuous place for a property-related violation when the citee resides at an unknown address other than where the violation occurs. A copy of the administrative citation shall also be mailed to the citee at the property address by registered United States mail.

(Ord. 2014-014, § 1, 2014.)

A. Unless a specific fine amount is stated in this code, administrative fines shall be assessed in amounts specified by resolution of the city council.

B. The city may use all legal means to collect fines imposed pursuant to this chapter, including but not limited to, placement of liens or special assessments on the property upon which the violation was located.

(Ord. 2014-014, § 1, 2014; Ord. 2019-005, § 2, 2019.)

A. A fine shall be payable to the city and paid as indicated on the administrative citation within fifteen calendar days from the date the administrative citation is issued.

B. Payment of a fine shall not excuse the citee from correcting the code violation. The issuance of an administrative citation and/or payment of a fine does not bar the city from taking any other enforcement action regarding a code violation that is not corrected.

C. In the event that a fine imposed pursuant to an administrative citation remains unpaid for ninety days after such administrative citation is issued, the amount of such fine shall be doubled as a late penalty and become due immediately. In the event the citee requests an administrative hearing pursuant to section 1.15.090, the late penalty will be assessed if the fine remains unpaid sixty days after final decision by the hearing officer, as provided herein.

D. In the event the citee is fined for any violation of chapter 8.95 (Short-term rentals), or is fined for a second or subsequent violation of any other provision of this code within one year of the first violation, and the violation would otherwise constitute an infraction, then the citee may submit a request for a fine hardship waiver to reduce some or all of the amount of the fine within five days from the date the administrative citation is issued. The request shall be submitted with the city's director of development services or his or her designee on a fine hardship waiver application form available from the city clerk together with all supporting documents demonstrating to the satisfaction of the director of development services or his or her designee that the citee has made a bona fide effort to comply after the first violation and the payment of the full amount of the fine would impose an undue financial burden on the citee. Documents suitable for consideration demonstrating the citee's bona fide effort to comply may include, without limitation, a declaration attesting to the compliance efforts made, photographs of the efforts attesting to the compliance efforts made, copies of receipts, contracts, work orders, or other documentation reflecting compliance efforts made. Documents suitable for consideration demonstrating the citee's undue financial burden if required to pay the fine may include, without limitation, a declaration attesting to the undue financial burden and reasons therefor, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year, financial statements, loan applications, bank account records, and income and expense records for twelve months preceding submittal of the fine hardship waiver application. The documents may and should be submitted with redactions for private information, such as social security number information and account numbers. After a determination is made on the citee's fine hardship waiver application, the city will destroy the documents submitted by a person for a fine hardship waiver without prior notice to the person.

E. The director of development services or his or her designee shall issue a written decision specifying the reasons for not granting the fine hardship waiver, or if the fine hardship waiver is granted, the reasons for granting the fine hardship waiver with an explanation of the reduced amount of the fine imposed. The decision shall be served upon the citee pursuant to section 1.15.060 or via email if the cite consents in writing to email service. The decision shall be deemed served on the date of personally serving, mailing, posting, or emailing as the case may be. The citee shall remit any fine amount owing within ten days of service of the written decision.

F. The citee's failure to file a completed fine hardship waiver application form with supporting documents within five days after service of the administrative citation shall constitute a waiver of the right to receive a fine hardship waiver.

G. Should the citee be granted a fine hardship waiver, the amount in the written decision shall be controlling for purposes of the deposit required for an administrative hearing pursuant to section 1.15.090.

(Ord. No. 2014-014, § 1, 2014; Ord. 2022-014, § 3, 11-1-2022.)

A. A citee may contest an administrative citation by signing and filing the hearing request form attached to the citation. The request form shall state in writing the grounds for contesting the citation and/or proposed fine. All matters not contested in the request form shall be deemed admitted and a citee may not raise any issue or defense at the hearing that was not included in the request form. To be effective, the request form must be filed with the city clerk within five business days of the date the citation was issued. If mailed, the request form shall be deemed filed with the city clerk on the date on which it is received in the office of the city clerk.

B. A citee who requests a hearing must deposit with the city clerk the amount of the proposed fine to ensure his or her appearance at the hearing. A request for a hearing shall not be complete unless accompanied by the deposit, and shall be rejected.

C. In the event the citee files a timely and complete request form and pays the required deposit, the director or designee shall advise the citee in a notice by mail, no later than five days after receiving the citee's request, of the date, time, and location set for the hearing. The hearing shall be set on a date no less than ten days and no more than forty-five days after the date of the notice unless otherwise agreed upon by the city and the citee.

D. Failure to timely and properly file a request for a hearing, as set forth herein, shall constitute a waiver of all rights of appeal, and a failure to exhaust administrative remedies. The administrative citation shall then be final.

E. The hearing officer shall be selected by the director and compensated for the time expended in providing such service based upon a written agreement for that purpose. The hearing officer's employment or compensation shall not be based on the number of citations affirmed or denied by the hearing officer.

(Ord. 2014-014, § 1, 2014.)

A. A hearing requested under this chapter shall be conducted by a hearing officer and shall proceed solely on the issues and defenses raised in the hearing request form.

B. The city shall have the burden to establish, by a preponderance of the evidence, the truth of any matter in the citation that has been contested by the citee. The citation and any reports prepared by the enforcement officer shall be admitted into evidence and shall constitute prima facie evidence of the violation(s). The city may present such other evidence as may be necessary or helpful to the hearing officer to resolve the issues raised by the citee.

C. The citee shall be given the opportunity to testify and present evidence relevant to the matters raised in the hearing request form regarding the violation(s) described in the citation.

D. The hearing shall be conducted informally and the rules of evidence need not be followed, provided the decision of the hearing officer on any material issue may not be based on hearsay evidence alone.

E. The unexcused failure of the citee to appear at the hearing shall constitute an admission of the truth of all matters contained in the citation and a validation of the fine or fines imposed in the citation, which shall be ordered in the decision of the hearing officer.

F. The hearing officer may continue the hearing on a citation upon the request of the citee, or the citee's representative, or the representative of the city upon a showing of good cause. All continuance requests shall be made in person at the hearing. If the continuance is granted, a new hearing date shall be set within fifteen days.

G. After considering all the evidence and testimony submitted at the hearing, the hearing officer shall issue his or her written decision on the contested citation within seven calendar days. The decision of the hearing officer shall either uphold or deny the citation or any portion thereof and state the facts and reasons supporting the decision. The hearing officer also shall order the imposition of a fine in the amount stated in the citation and compliance with the Municipal Code within five days. The original written decision shall be mailed to the city clerk and a copy thereof shall be mailed to the citee.

H. All decisions and orders of a hearing officer shall become final unless appealed by the citee as provided herein.

(Ord. 2014-014, § 1, 2014.)

A. After a hearing officer issues a decision pursuant to an administrative hearing conducted under this chapter, the citee or the city may seek judicial review of that decision by filing an appeal with the superior court having jurisdiction over the violation within twenty calendar days from the date of issuance of the notice of decision in accordance with California Government Code section 53069.4.

B. Request for judicial review by appeal is not permitted for a decision based on the citee's failure to appear at the administrative hearing or upon any other waiver of the administrative hearing by the citee or the city. All such decisions shall, therefore, be final.

(Ord. 2014-014, § 1, 2014.)

A. Each final decision of a hearing officer that establishes the amount of a fine(s) payable by a citee to the city shall constitute a money judgment and sister state judgment, enforceable pursuant to applicable laws.

B. In addition to any other remedy available to the city, the director or designee may request that the fine or fines imposed by a decision of a hearing officer be collected as an assessment lien on the property on which the violation(s) occurred by requesting the city council to adopt an appropriate resolution to place the amount of said fine or fines on the San Bernardino County tax rolls for collection. The resolution of the city council shall conform with the County of San Bernardino Auditor/Controller-Recorder's policies and procedures for applying special assessments to the tax rolls. The following procedures shall apply to such assessment liens:

1. A notice of proposed assessment lien shall be served on the owner of the property in the same manner as the administrative citation was served on the owner or by mailing said notice, by certified mail with a return receipt, to the address shown on the official records of the county assessor. The notice shall state the amount of the fine or fines sought to be imposed as an assessment lien, the legal description of the property on which the assessment lien is sought to be imposed and the owner's right to appeal said proposed action by filing a written appeal within ten days from the date of service or mailing of said notice. The notice shall warn the owner that a failure to file a written appeal with the city clerk within said ten-day period shall constitute a waiver of the owner's right to appeal the imposition of the proposed assessment lien on the owner's property. If the city council, by resolution, adopts a fee to defray the expenses to process and conduct a hearing on said appeal, the notice also shall state the amount of the fee and that payment of the fee is a condition precedent to the effectiveness of the owner's right to appeal.

2. Within ten days from the date of service or mailing of said notice, the property owner may file a written appeal to the proposed assessment lien and any required fee with the city clerk or waive the right to such an appeal. The city council shall hear the appeal at its first regular meeting that is at least fourteen calendar days after the date on which the appeal was filed. Written notice of the hearing date shall be served on the owner, at least, ten days prior to the hearing on the appeal. At the hearing on the appeal, the city council shall consider the order of the hearing officer imposing the fine or fines on the citee, the computation of the amount of the proposed assessment lien, the evidence that the owner owns the property on which the assessment lien is sought to be imposed and the evidence that the violation or violations supporting the order of the hearing officer occurred at or was related to the property on which the assessment lien is sought to be imposed. At the conclusion of the hearing, the city council may adopt, or decline to adopt, a resolution to place an assessment lien on the property of the owner. The city council also may modify the amount of the proposed assessment lien. The decision of the city council shall be final.

3. If no appeal is filed pursuant hereto, the director shall prepare and submit a resolution to the city council that imposes an assessment lien on the property of the owner. The city council shall adopt the proposed resolution unless it determines that such an assessment lien would not be appropriate.

(Ord. 2014-014, § 1, 2014.)