Culver City Municipal Code Ch. 1.02 Administrative Citations

Section

Cross-reference:

Violations, penalties and remedies, see §§ 1.01.035 - 1.01.055

A. The City Council hereby finds there is a need for an alternative method of enforcement for violations of the Culver City Municipal Code.

B. The City Council further finds that an appropriate method of enforcement for such violations is through the imposition of an administrative fine, as authorized by Cal. Gov’t Code § 53069.4.

C. The procedures established in this Chapter shall be in addition to criminal, civil or any other legal remedies established by law, which may be pursued to address violations of the municipal code.

D. The City Council hereby finds and determines that enforcement of the municipal code is a matter of local concern and serves an important public purpose. Consistent with its powers as a charter city, the City adopts this Subchapter in order to achieve the following goals:

1. To protect the public health safety and welfare of the citizens of the City;

2. To gain compliance with the municipal code in a timely and efficient manner;

3. To provide for an administrative process to appeal the imposition of an administrative fine;

4. To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the municipal code;

5. To minimize the expense and delay where the sole remedy is to pursue responsible parties in the civil or criminal justice system.

E. The imposition of an administrative fine shall be at the City's sole discretion, and is one option the City has to address violations of the municipal code.

F. By adopting this Subchapter, the City does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations that the City may select in a particular case.

(Ord. No. 2008-002 § 7 (part))

A. This Chapter provides for an administrative remedy for any violation of this Code, including continuing violations related to building, plumbing, electrical or other similar structural or zoning issues, which remedy may be exercised in place of, or in addition to, any other remedy allowed by law, whether administrative, criminal, civil or equitable.

B. The City Manager is authorized to promulgate rules and regulations governing the civil administrative citation and hearing process, including the delegation of the City Manager's duties under this Chapter.

(Ord. No. 2008-002 § 7 (part))

For the purposes of this Chapter, the following definitions shall apply:

ADMINISTRATIVE CITATION or CITATION. A written notice to a responsible person, issued by an enforcement officer, that a violation of this Code has occurred.

COMMUNITY DEVELOPMENT DIRECTOR or DIRECTOR. The Community Development Director of the City of Culver City, or his or her designee.

ENFORCEMENT OFFICER or OFFICER. Any police officer, City employee or agent of the City designated by the City Manager, who has the authority and responsibility to enforce the provisions of this Code.

LEGAL INTEREST. Any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is recorded with the County Recorder.

RESPONSIBLE PERSON. A RESPONSIBLE PERSON. includes, but is not limited to, 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 a Code violation by his or her action or failure to act;

4. A person who is the owner and/or a lessee or sub-lessee, with the current right of possession, of real property where a property-related Code violation occurs or exists;

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

6. Any person with actual or apparent authority, possession or control of real or personal property; or any other person, who creates maintains, permits or allows a violation of this Code.

For the purposes of this definition, PERSON includes a natural person or a legal entity, and the owners, majority stockholders, corporate officers, trustees and general partners of a legal entity.

(Ord. No. 2008-002 § 7 (part))

A. Whenever an enforcement officer determines that a violation subject to this Chapter has occurred, the officer may issue an administrative citation imposing fines or penalties to responsible person(s) in accordance with the requirements of this Chapter.

B. The procedures established in this Chapter may be in addition to any criminal, civil or other legal remedies established by law that may be pursued to address violations of the municipal code.

1. The use of an administrative citation in place of or in addition to other remedies shall be at the discretion of the City Manager, Community Development Director, City Attorney, Enforcement Services Manager, or enforcement officer.

2. Issuance of an administrative citation shall not be deemed a waiver of any other enforcement remedies found within this Code.

(Ord. No. 2008-002 § 7 (part))

A. Any responsible person who receives an administrative citation shall be subject to the payment of fines as set forth in this Section.

B. Failure of any person to pay the administrative 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.

C. Fines for administrative citations shall be as follows:

1. A fine not exceeding One Hundred Dollars ($100.00) for a first violation;

2. A fine not exceeding Two Hundred Dollars ($200.00) for a second violation of the same provision of this Code within one year;

3. A fine not exceeding Five Hundred Dollars ($500.00) for each additional violation of the same provision of this Code within one year.

(Ord. No. 2008-002 § 7 (part))

Each administrative citation shall contain the following information:

A. Name of responsible person and known mailing address;

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

C. The Code section(s) or condition(s) violated and a description of the violation(s);

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

E. An explanation of how the fine shall be paid, and the time period within which it shall be paid;

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

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

H. An order to correct the violation, the actions needed to correct the violation, the timeframe within which to correct the violation, and an explanation of the consequences for failing to correct the violation.

(Ord. No. 2008-002 § 7 (part))

A. Procedures. The following procedures may be used in serving administrative citations:

1. Personal service.

a. 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.

b. 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 subsequent proceedings.

2. Mail.

a. 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.

b. Simultaneously, the administrative citation may be sent by first class mail.

c. If the administrative citation is sent by certified mail and returned unsigned, then service shall be deemed effective upon deposit of the administrative citation in the U.S. mail.

3. Posting on property.

a. If the enforcement officer is unable to serve the administrative citation under either Subsection 1. or 2. above, a copy of the administrative citation may be posted on any real property within the City, in which the City knows the responsible party has a legal interest.

b. Service under this Subsection shall be deemed effective on the date the notice is posted.

4. Publication.

a. If the enforcement officer cannot serve the administrative citation by any of the preceding methods, the administrative citation may be published in a newspaper reasonably likely to provide actual notice to the responsible party subject to the citation.

b. The publication shall be once a week for four successive weeks in a newspaper published at least once a week.

B. Completion of service.

1. The enforcement officer must complete a declaration of service.

2. Failure of the responsible person to receive any notice does not affect the validity of the proceedings conducted under this Chapter.

(Ord. No. 2008-002 § 7 (part))

A. Alternatives. Upon receipt of an administrative citation, the responsible person must do one of the following:

1. Pay the fine.

a. Pay the fine to the City within 15 days from the date of the administrative citation.

b. All fines assessed shall be payable to the City of Culver City and submitted to the Finance Department.

c. 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.

d. Payment of the fine waives the responsible party's right to the administrative citation hearing and appeal process;

2. Remedy the violation. If the violation is of a continuing nature, pertains to building, plumbing, electrical or other similar structural or zoning issues, is deemed by the enforcement officer not to create an immediate danger to health and safety, and is corrected within the time given to remedy the violation, no fine shall be imposed; or

3. Request a hearing. A request for a hearing must be filed in accordance with the time limits and other provisions of § 1.02.045.

B. Failure to select and satisfy an alternative.

1. In the event the responsible party fails or refuses to select and satisfy any of the alternatives set forth in this Section, then the penalty shall be immediately due and owing to the City, and may be collected in any manner allowed by law for collection of a debt.

2. Commencement of an action to collect the delinquent penalty shall not preclude issuance of additional administrative citations to the responsible party should the violations persist.

(Ord. No. 2008-002 § 7 (part))

A. Time to request a hearing.

1. Any recipient of an administrative citation may contest that there was a violation or that he or she is the responsible person, by completing a request for hearing form and returning it to the City within 15 days from the date the administrative citation is served or deemed to have been served, together with an advance deposit of the fine.

2. Such request for hearing forms shall be made available at no charge by the City's Planning, Building and Enforcement Divisions.

3. 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 review.

B. Dismissal of citation.

1. The City Manager or City Attorney may dismiss an administrative citation at any time if it is determined to have been issued in error, or if such dismissal is determined to be in the furtherance of justice, as determined at the sole discretion of the City Manager or City Attorney.

2. In such event, any deposit made shall be refunded.

3. Also, 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.

C. Advance deposit hardship waiver.

1. Any responsible person who requests a hearing to contest an administrative citation and who is financially unable to deposit the administrative fines required may file a request for an advance deposit hardship waiver.

a. The request shall be filed with the Community Development Department on an advance deposit hardship waiver application form, available from the Community Development Department, at the time the responsible person requests a hearing,

b. The responsible person's failure to submit a completed form, with all supporting documents, within 15 days after service of the administrative citation, shall constitute a waiver of the right to receive a hardship waiver.

2. The Community Development Director may issue an advance deposit hardship waiver only if the person requesting the waiver submits a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the Director the person's financial inability to deposit with the City the full amount of the fine in advance of the hearing. The Director's decision whether to issue a hardship waiver shall be final.

D. Hearing procedure.

1. The City Manager shall establish procedures for the selection of a hearing officer for the administrative citation hearing. Administrative hearing officers shall be selected in a manner that avoids the potential for pecuniary or other bias.

2. No hearing to contest an administrative citation before a hearing officer shall be held unless and until a timely and complete request for hearing form has been submitted, and the fine has been deposited in advance, or a hardship waiver has been timely requested and approved.

3. After receipt of the request for hearing form, and fine deposit or hardship waiver, a hearing before the hearing officer shall be set for a date that is not less than 15 and not more than 60 days from the date that the request for hearing form is filed in accordance with the provisions of this Section.

a. The person requesting the hearing shall be notified of the time and place set for the hearing by first class mail at least ten days prior to the date of the hearing.

b. The responsible person may request one continuance of the hearing, but in no event may the hearing commence later than 90 days after receipt of the request for hearing form from the responsible person.

c. Further continuances or any continuance that will extend the commencement of the hearing beyond 90 days after receipt of the request for hearing shall be granted at the discretion of the hearing officer and only for good cause.

4. The failure of any recipient of an administrative citation to appear at the hearing shall constitute a forfeiture of the fine and a bar to judicial review of the hearing officer decision, based upon a failure to exhaust administrative remedies.

5. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. The hearing officer shall only consider evidence that is relevant to whether the violation occurred, and whether the responsible person has caused or maintained a violation of the municipal code on the date(s) specified in the administrative citation.

6. Each party shall have the opportunity to present evidence in support of that party's case, and to cross-examine witnesses. At an administrative hearing, the City bears the burden of proof to establish a violation of the municipal code, and responsibility therefor, by a preponderance of the evidence.

7. The administrative citation and any additional documents submitted by the issuing enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

8. 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 enforcement officer when issuing the administrative citation. In addition, if the issuing enforcement officer submits any additional written reports concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of such documentation shall be served by mail on the recipient of the administrative citation.

9. Prior to issuing a written decision, the hearing officer may continue the hearing and request additional information from the issuing enforcement officer or the recipient of the administrative citation.

E. Hearing officer's decision.

1. After considering all of the testimony and evidence submitted at the hearing, the hearing officer may immediately issue a verbal decision.

2. A written decision, including notice of the right to an appeal, shall be issued within ten days of the hearing, and served via first class mail.

a. The written decision shall be deemed to be served on the date the decision is deposited with the United States Postal Service.

b. The written decision shall include the reasons for the decision, and such decision shall be final.

3. If the hearing officer determines the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City.

4. If the hearing officer determines 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.

F. Collection of unpaid fines.

1. Failure to pay any unpaid administrative fines within 20 days of service of the hearing officer's written decision, or such other time limit set forth in the decision, unless the decision has been challenged by a timely appeal as provided in § 1.02.050, this obligation shall constitute a special assessment and/or lien against the real property on which the violation occurred.

2. The special assessment and/or lien shall be imposed pursuant to the procedure set forth in § 9.04.060 of this Code.

3. Alternatively, the matter may be referred for collection, which includes, but is not limited to, the filing of a small claims court action.

(Ord. No. 2008-002 § 7 (part))

A. 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 in the Superior Court for the City's judicial district within 20 days of service of the hearing officer's written decision.

1. Such appeal shall be pursuant to the provisions of Cal. Gov’t Code § 53069.4.

2. The appeal filed with the court shall also contain a proof of service, showing a copy of the appeal was served upon the City to the attention of the City Clerk.

B. If the court finds in favor of the appellant, 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 appellant by the City. No other fees or costs shall be paid unless ordered by the court.

C. If the court finds in favor of the City, any unpaid administrative fines shall be paid to the City within 20 days of the court's decision.

(Ord. No. 2008-002 § 7 (part))