Cudahy Municipal Code Art. III Administration and Enforcement

(1) Enforcement Authority. The department is authorized to take appropriate steps it deems necessary to administer and enforce this chapter.

(2) The director of the department, or designee, may develop and publish procedures and guidelines to aid in the implementation of this chapter. (Ord. 736 § 2 (Exh. A), 2023).

(1) Administrative Review.

(a) The department shall review and evaluate applications pursuant to this chapter and issue a notice of decision in accordance with its procedures and guidelines.

(b) The department may request documents, interview witnesses and affected parties, and gather necessary evidence to review and make appropriate conclusions and findings.

(2) Appeal. Any party dissatisfied by the department’s final decision pursuant to this chapter may request an appeal of the department’s decision to a hearing officer, unless otherwise prohibited by this chapter. The department’s administrative record shall be reviewable by the hearing officer.

(3) Time Limit. A party must file an appeal in writing before the department within 30 days of the department’s final decision. The hearing officer shall have no authority to consider matters not filed within 30 days of the department’s final decision.

(4) Filing of Appeals. An appeal shall be filed with the department, on the prescribed form, along with any accompanying appeal fee, and shall state specifically the basis of the appeal.

(5) Procedures for Appeals.

(a) Hearing Dates. A hearing on a request for appeal will be scheduled before a hearing officer for a date no sooner than 15 days and no later than 60 days after receipt of the request for appeal and proof of service, unless the hearing officer determines that good cause exists for an extension of time. Upon setting the hearing date, the hearing officer shall send written notice to the appealing party of the date, time and place set for the hearing. Within five calendar days of receipt of the notice of hearing, the appealing party shall deliver a copy of the notice to each affected tenant or landlord, as applicable, via personal service or certified mail return receipt requested.

(b) Public Hearing. The appeal hearing shall be conducted as a hearing open to the public. At the hearing, the hearing officer shall review the record of the decision and hear testimony of the party requesting the appeal, representatives of the department, and any other interested party. The hearing officer may continue the hearing and request additional information from the landlord or tenant before issuing a written decision. The hearing officer shall have the power to issue orders to keep order and decorum during the hearing.

(c) Application and Materials. At an appeal hearing, the hearing officer shall consider only the administrative record that was the subject of the department’s final decision.

(6) Decision and Notice.

(a) After the hearing, the hearing officer shall either:

(i) Affirm, modify, or reverse the department’s decision and specify the reasons for its decision; or

(ii) Refer the matter back to the department for further review.

(b) Decisions shall be rendered within 30 days of the close of the hearing. If the hearing officer fails to act within 30 days of the close of the hearing, the department’s decision shall be deemed affirmed.

(7) The hearing officer shall mail the hearing officer’s decision to the affected parties within 10 days after it is rendered.

(8) Final Decision. The decision of the hearing officer shall be final and not subject to further appeal.

(9) Judicial Review of Hearing Officer Decision. Any person directly aggrieved by an administrative decision of a hearing officer pertaining to a request for appeal of a director’s decision under this chapter may seek judicial review in the court pursuant to California Government Code Section 53069.4 and/or California Code of Civil Procedure Sections 1094.5 and 1094.6. (Ord. 736 § 2 (Exh. A), 2023).

(1) Administrative Citation. Any landlord or tenant who violates any provision of this chapter, or the department’s procedures and guidelines, is subject to administrative fines and citations as provided in Chapter 1.40 CMC.

(2) Remedies Are Cumulative. Each day that a violation continues shall constitute a separate and distinct offense for which an administrative fine may be imposed. The remedies set forth in this section are cumulative and in addition to any other penalty provided by law, including any remedies which may be sought in a civil action. The provisions of this chapter shall not be construed as limiting any party’s right to obtain relief to which he or she may be entitled at law or in equity.

(3) Notices of Violation and Administrative Fine. If the department determines that a landlord or tenant has violated this chapter, the department may issue notices of violation and administrative fines and citations in accordance with the authority and procedures set forth in Chapter 1.40 CMC.

(4) Administrative Appeals and Judicial Review.

(a) Administrative Appeal. Any landlord or tenant who receives a notice of administrative fines or citations may request an administrative hearing before a hearing officer in accordance with Chapter 1.40 CMC.

(b) Judicial Review of Hearing Officer Decision. Any landlord or tenant may seek judicial review of a hearing officer’s decision pertaining to the imposition of an administrative fine or citation in accordance with Chapter 1.40 CMC. (Ord. 736 § 2 (Exh. A), 2023).

(1) Civil Liability. Any tenant, or any other person or entity acting on behalf of the tenant who will fairly and adequately represent the tenant’s interest, including the city, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction for violation of this chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys’ fees and costs and may take such other steps as necessary to enforce this chapter. The court may award reasonable attorneys’ fees and costs to a landlord who prevails in any such action if the court determines that the tenant’s action was frivolous.

(2) Civil Penalty. Any person violating any of the provisions, or failing to comply with any of the requirements, of this chapter may be liable for a civil penalty not to exceed $1,000 for each violation.

(3) Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor and punished by a fine of not more than $1,000, or by imprisonment in the county jail for a period of not more than six months, or by both.

(4) Defense to Eviction. A tenant may assert as an affirmative defense a landlord’s failure to comply with the provisions of this chapter in any action by a landlord to recover possession of a rental unit.

(5) Each violation of any provision of this chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.

(6) The above remedies are not exclusive and do not preclude the city or any tenant from seeking other remedies or penalties provided by applicable law. (Ord. 736 § 2 (Exh. A), 2023).

Any waiver of rights under this chapter shall be void as contrary to public policy. (Ord. 736 § 2 (Exh. A), 2023).

If any provision of this chapter or the application thereof to any person, property, or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision(s) or application, and to this end, the provisions of this chapter are declared to be severable. (Ord. 736 § 2 (Exh. A), 2023).