Compton Municipal Code § 1-7 Administrative Citations

[Ord. #2175 § 4; amended 10-15-2019 by Ord. No. 2316]

Every violation of a provision of the Municipal Code, the penalty for which is defined as an "infraction" or "misdemeanor," shall be subject to an administrative fine and/or penalty. The provisions of this section relating to administrative fines and penalties are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of codes, ordinances, resolutions, mandates, regulations, rules or other laws adopted by the City, or other applicable state codes. Use of this section shall be at the sole discretion of the City and nothing in this section shall prevent the City from initiating a civil, criminal or other legal or equitable proceedings as an alternative to the proceedings set forth in the administrative fine and/or penalty provisions of this section.

As used in this section:

ADMINISTRATIVE CITATION

The ticket issued to the responsible person(s) who has violated a provision of the Municipal Code.

CITY

The City of Compton.

CITY MANAGER

The City Manager of the City of Compton or the City Manager's designee(s).

CONTINUING VIOLATION

A building, plumbing, electrical or other similar structural or zoning violation which does not create an immediate danger to health or safety.

ENFORCEMENT OFFICER

Any individual employed or otherwise charged by the City to enforce codes, ordinances, mandates, regulations, rules or other laws adopted by the City.

HEARING OFFICER

The person or contracted company designated by the City Manager or his/her designee to determine the validity of an administrative citation after the person to whom the citation was issued requests a hearing.

MUNICIPAL CODE

Any codified or noncodified ordinance or law adopted by the City, including codes adopted by reference.

RESPONSIBLE PERSON(S)

Any individual, corporation, partnership, association or other group or combination of individuals acting as an entity, the heirs, executors, administrators, assigns or agents of the aforesaid, who is the owner or occupant of real property, or the parent or legal guardian of any person under the age of 18 years, who creates, allows, causes, commits, continues, permits and/or maintains any violation of the Municipal Code. For purposes of this section, there may be more than one "responsible person."

TRANSIENT VIOLATION

A violation which is of a brief or nonpermanent nature and which can be remedied rapidly.

VIOLATION

Any violation of any provision of the Municipal Code and any code adopted by reference by the Municipal Code.

a. An Enforcement Officer shall have authority to issue an administrative citation to any responsible person for a violation of any provision of the Municipal Code and codes adopted by reference.

b. Except when a violation creates an immediate danger to health or safety, if the violation pertains to building, plumbing, electrical or other similar structural or zoning issues that do not create an immediate danger to health or safety, the cited person shall be given a reasonable period of time, but no more than 30 calendar days, to correct the violation before an administrative fine or penalty is imposed.

1. Administration fines or penalties may be immediately imposed if a violation(s) of building, plumbing, electrical or other similar structural, health and safety or zoning requirements exists as a result of, or to facilitate the illegal cultivation of cannabis. This subsection shall not be construed to apply to cannabis cultivation that is lawfully undertaken pursuant to Section 11362.1 of the California Health and Safety Code.

2. Notwithstanding Subsection b1 above, prior to immediate imposition of administrative fines or penalties for a violation specified in Subsection b1 above, the cited person shall be given a reasonable period of time, but no more than 30 calendar days, to correct the violation before an administrative fine or penalty is imposed if all of the following conditions exist:

(a) A tenant is in possession of the property that is the subject of the administrative action;

(b) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis; and

(c) The rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.

c. Each administrative citation shall contain the following information:

1. The date of the violation;

2. The address or a legal description of the location where the violation occurred;

3. The section of the Municipal Code violated and a description of the violation;

4. A description of the action required to correct the violation;

5. The number of days provided to correct or otherwise remedy the violation prior to the imposition of fines and/or penalties, if applicable;

6. The amount of the fine for the violation and the amount of the late charge if the fine is not paid by a specified date;

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

8. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a Request for Hearing form to contest the administrative citation may be obtained;

9. An order prohibiting the continuation or repeated occurrence of the violation described in the administrative citation with notice that payment of the fine does not excuse the requirement to remedy a continuing violation; and

10. The name and signature of the citing Enforcement Officer.

An administrative citation may be issued by an Enforcement Officer to the responsible person for violation(s) of the Municipal Code, including any code adopted by reference, in the following manner:

a. Personal Service. The Enforcement Officer shall attempt to locate and personally serve the responsible person and attempt to obtain that person's signature on the administrative citation. If the responsible person is an entity, the Enforcement Officer may personally serve an employee over the age of 18, manager, principal, partner, director, officer or representative of the entity on behalf of the entity. The failure or refusal of a person to sign a citation shall not affect its validity or any related subsequent proceeding, nor shall signing a citation constitute an admission of guilt. Service shall be deemed to have been completed on the date of service of the citation.

b. Service by Mail. As an alternative to personal service, the administrative citation may be mailed to the responsible person by certified mail, postage prepaid, return receipt requested, with a copy of the citation simultaneously sent by first-class mail. The date indicated on the certified mail receipt, or, if returned unsigned or unclaimed, the date of the first-class mailing shall constitute the date of issuance of the citation.

c. Service by Posting Notice.

1. If service cannot be accomplished by personal service or mailed service, the Enforcement Officer shall post the administrative citation on any real property within the City in which the City has knowledge that the responsible person has a legal interest, and such posting shall be deemed effective service. A photograph of the administrative citation posted on the property shall be taken as proof of service. Service shall be deemed to have been completed on the date of posting.

2. The failure of a responsible person to receive an administrative citation shall not invalidate any fine, late charge, action or proceeding.

a. The amount of fines for violations of the Municipal Code imposed pursuant to this section shall be established by ordinance or resolution of the City Council. Where the violation would otherwise be an infraction, the administrative fine or penalty shall not exceed the maximum fine or penalty amounts for infractions set forth in Section 25132 and Subdivision (b) of Section 36900 of the California Government Code.

b. Except with regard to violations that would otherwise be an infraction, fines shall be increased, in a manner established by ordinance or resolution of the City Council, for subsequent repeat violations of the same or similar provisions of the Municipal Code by the same responsible person within a twelve-month consecutive period from the date of the first violation.

c. The ordinance or resolution establishing the amount of fines shall specify the amount of any late payment charges imposed for the payment of a fine after its due date.

a. All fines and penalties shall be paid to the City within 30 calendar days from the effective date of the administrative citation. The effective date of an administrative citation shall be the date the citation is issued, unless the enforcement officer grants an opportunity for the person cited to correct the violation. Where a correction period has been granted, the effective date of the administrative citation shall be on the final date of the correction period, if the person has not corrected the violation.

b. Where there is more than one responsible person, each responsible person shall be jointly and severally liable for the amount of the fine, plus any penalty that may be owed.

c. Any administrative citation fine or penalty paid pursuant to Subsection a above shall be refunded if it is determined, after hearing, that the person charged was not the person responsible for the violation or there was no violation as charged in the administrative citation.

d. Payment of a fine or penalty under this section shall not excuse or discharge any continuation or repeated occurrence of a violation of the Municipal Code that is the subject of an administrative citation.

e. The City may use all available legal means to collect any past due fines, penalties and other costs related to issuing administrative citations and collecting the fines and penalties, including, but not limited to, contracting with collection agencies, filing liens and seeking judgments in court.

a. Any recipient of an administrative citation may contest that there was a violation or that he or she is a responsible person, not later than 15 calendar days from the date of service of the administrative citation. The request shall be submitted in writing on a Request for Hearing form available from the issuing agency or as directed on the citation and shall include a detailed written explanation as to why the administrative citation is being contested. The request shall be accompanied by a deposit in the full amount of the fine or a request for an Advance Deposit Hardship Waiver. An appeal hearing will not be scheduled unless the full amount of the fine is deposited, or the City finds the responsible person unable to do so and waives the deposit requirement.

b. The recipient of an administrative citation shall deposit the amount of the fine and/or penalty specified on the administrative citation as directed on the citation at the time he or she submits the Request for Hearing form, or he or she shall submit notice that a request for an Advance Deposit Hardship Waiver has been filed pursuant to § 1-7.8. Fines that are deposited with the City while a citation is contested shall not accrue interest.

c. The recipient of an administrative citation requesting the hearing shall be notified of the date, time and location of the hearing at least 10 calendar days prior to the date of the hearing. The hearing shall be set for a date that is not less than 15 calendar days and not more than 60 calendar days from the date that a completed request for administrative hearing is filed in accordance with the provisions of this section. The notice may be served personally on the cited person or by U.S. mail with first-class postage prepaid. Mailed notice shall be addressed to the cited party at the address provided by the cited party, or if there is no such address then in care of the property address of the cited party. Service of notice is complete upon personal service on the cited party or upon depositing the notice of hearing in the U.S. mail. Failure of any person to receive the mailed notice shall not affect the validity of any proceeding or order regarding administrative citations.

d. Failure to timely request a hearing shall render the administrative citation final and shall constitute a failure to exhaust administrative remedies.

a. If the recipient of an administrative citation intends to request an administrative hearing and is financially unable to make the advance deposit of the fine as required herein, a request for an Advance Deposit Hardship Waiver may be filed. Advance Deposit Hardship Waiver forms are available from the issuing agency, the City Attorney's Office or as directed on the citation. The completed Advance Deposit Hardship Waiver form must be filed simultaneously with the Request for Hearing form.

b. The City Attorney or his/her designee may waive the requirement of an advance deposit and issue the Advance Deposit Hardship Waiver only if the applicant submits the required Advance Deposit Hardship Waiver form, together with supporting documents, demonstrating to the satisfaction of the City Attorney or his/her designee that the recipient of the administrative citation is financially unable to deposit with the City the full amount of the fine in advance of the hearing. Documentation of financial hardship may include, but is not limited to, proof of receipt of specified public benefit programs, current payroll stubs, recent W-2 and/or similar documents acceptable to the City Attorney or his/her designee, demonstrating that the cited party is unable to deposit the fine. Written notice of the determination shall be served by first-class mail or by personal service upon the cited party. Service shall be deemed complete at the time the notice is personally serviced or deposited into the mail and addressed to the person at the address indicated on the Administrative Hearing Request form. If applicable, the notice shall include a brief description of the reasons for the City's determination to not issue the Advance Deposit Hardship Waiver. The written determination of the City shall be final.

c. If the City determines not to issue an Advance Deposit Hardship Waiver, the recipient of the administrative citation shall remit the full amount of the fine within 10 days of service of the written decision to deny the advance deposit hardship waiver.

The City Manager shall designate the Hearing Officer or the contracted company for the administrative hearings. The Hearing Officer shall not be a City employee and his or her compensation shall not be conditioned upon whether or not administrative citations are upheld.

Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Evidence shall be relevant to the issues to be decided. The Hearing Officer shall use preponderance of the evidence as the standard of proof in deciding the issues.

a. At the hearing, all persons contesting the validity of an administrative citation shall be given the opportunity to testify and present evidence concerning the administrative citation. The party requesting the hearing may bring an interpreter to the hearing at his or her sole expense. The Hearing Officer may question any person who presents evidence or who testifies at any appeal hearing. The cited party, or that person's representative, may attend the hearing in person, or in lieu of attending may submit an Appearance by Written Declaration on a form provided by the City for that purpose.

b. The administrative citation and any additional report submitted by the Enforcement Officer shall constitute prima facie evidence of the violation. The Enforcement Officer who issued the citation may participate in the hearing. If the Enforcement Officer submits an additional written report concerning the administrative citation to the Hearing Officer, then a copy of this report shall be served on the person requesting the hearing by certified mail, return receipt requested, at least five calendar days prior to the date of the hearing. Service shall be deemed complete at the time the report is deposited into the mail and addressed to the person at the address indicated on the administrative hearing request form.

c. Failure of the party contesting the administrative citation to appear at the hearing shall constitute forfeiture of the fine and a failure to exhaust his or her administrative remedies and shall result in forfeiture of the deposit. The Hearing Officer shall dismiss the challenge to the administrative citation and shall issue a written notice to that effect. The advance deposit shall then become the property of the City.

d. If a hearing is scheduled after approval of an Advance Deposit Hardship Waiver and then dismissed at the request of the cited party, the cited party shall pay the fine to the City within seven days after written notice to do so. If the cited party obtained an Advance Deposit Hardship Waiver and neither attended the hearing nor submitted an Appearance by Written Declaration, the cited party shall pay the fine within seven days after written notice to do so.

e. The Hearing Officer may continue the hearing from time to time and provide the person with additional time in which to remedy the violation. In addition, the Hearing Officer may request additional information or evidence from the Enforcement Officer or the recipient of the administrative citation prior to issuing a written decision.

f. At the conclusion of the hearing or within 30 calendar days thereafter, the Hearing Officer shall render a decision as follows:

1. After consideration of all of the evidence, the Hearing Officer shall issue a written decision to uphold or cancel the administrative citation and shall state the reason for the decision and notice of the right to appeal the decision.

2. The cited party/appellant and the Enforcement Officer shall each be served by first-class mail, postage prepaid, with a copy of the Hearing Officer's written decision. The cited party/appellant shall also be served by certified mail, return receipt requested. Service shall be deemed made as of the date on the receipt or, it returned unsigned or unclaimed, as of the date of mailing of the Hearing Officer's written decision.

3. If the administrative citation is upheld, the deposit with the City shall be retained by the City. If the administrative citation is not upheld, the City shall, within 30 calendar days, refund the amount of the deposited fine. If the administrative citation is upheld and the fine has not been deposited pursuant to an Advance Deposit Hardship Waiver, the Hearing Officer shall set forth in the decision a payment schedule for the fine and/or penalty. If the administrative citation is upheld and the violation has not been fully corrected as of the date of the hearing, the Hearing Officer's decision shall contain an order to correct the violation and a deadline for compliance.

4. The decision of the Hearing Officer shall be the City's final administrative decision.

A cited person who objects to the Hearing Officer's administrative decision and/or order may obtain review of the administrative citation by filing an appeal with the Superior Court of Los Angeles County in accord with Section 53069.4 of the California Government Code. Such appeal must be filed within 20 days after mailing or personal service of the Administrative Order to the cited party. The cited party shall within 10 days of filing a notice of appeal with the Superior Court serve upon the City Clerk, either in person or by first-class mail, a copy of the notice of appeal.

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

Payment of the fine and/or penalty under this section shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation. Only abatement of the cited condition discharges the violation.

The administrative citation process described in this section does not preclude the City from recovering any code violation abatement costs incurred by the City in performing its code enforcement efforts pursuant to this Code.