Cypress Municipal Code § 1-12 Same—Issuance of warrant of arrest

A warrant shall not issue for the arrest of a person who pursuant to the provisions of section 1-8 has given such written promise to appear in court unless and until he has violated such promise, or has failed to deposit bail, to appear for arraignment, trial or judgment or to comply with the terms and provisions of the judgment as required by law.

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in section 1-11 the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to appear as promised. If a person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he promised to appear, then within twenty days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his arrest. When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.

(Ord. No. 116, §§ 6, 8)

(a) Issuance of administrative citation. An enforcement officer may, upon discovering that a person has committed a municipal ordinance violation (hereinafter referred to as "offender"), issue an administrative citation to the offender. The administrative citation shall be issued by personal service on the offender or by registered or certified mail to the offender's last known address. The offender's failure to receive or refusal to accept the administrative citation shall not affect the validity of the administrative citation or any proceeding undertaken to this chapter.

(b) Correction Period. Unless otherwise specified, an offender shall have at least 15 calendar days to correct or otherwise remedy a correction condition prior to the issuance of an administrative citation and the imposition of the corresponding fine. A longer correction period may be granted if the enforcement officer determines that additional time is reasonably necessary to remedy the correction condition.

(c) Expedited correction date. An offender may be given less than 15 calendar days to correct or otherwise remedy an expedited correction condition prior to the issuance of an administrative citation should the correction condition be of a transitory nature, or a condition which poses an immediate risk to the health, safety or welfare of the community. An expedited correction date shall set a correction date which may be as short as "immediate," to as many as 14 days.

(d) Correction Notice. Upon discovery of a correction condition, the enforcement officer shall issue a written correction notice to the offender by personal service or by registered or certified mail to the offender's last known address. Such notice shall refer to the Code section(s) violated and facts supporting the issuance of the citation. The correction notice shall also describe the action(s) necessary to correct the violation and state the final date by which the correction must be completed.

(e) Offender's obligations—Pay fine/request hearing. Within 15 calendar days from the date the administrative citation is issued, an offender shall either: (i) pay the administrative fine designated on the administrative citation; or (ii) pay the administrative fine designated on the administrative citation and make a written request to the city clerk for an administrative hearing. The citation shall be deemed to have been issued on the date noted on the citation, if personally served, or on the date mailed, if served by registered or certified mail. The administrative citation shall include a warning that failure to pay the fine, or failure to pay the fine and request an administrative hearing and appear at the same may result in the city taking all legal steps necessary to obtain payment of the fine, and the offender being charged all costs of such collection.

(f) Continuing of violation. With the exception of municipal ordinance violations continuing to exist within the correction period provided under section 1-7, each and every day during any portion of which any municipal code violation is committed, continued, maintained or permitted shall constitute a new and separate offense for which the full administrative fine may be imposed.

(g) Obligation to correct violation. Nothing in this chapter shall be interpreted to mean that payment of the administrative fine by an offender discharges or excuses the offender's obligation to correct the municipal code violation. Failure to correct the municipal code violation may result in the issuance of additional administrative fine citations, the commencement of a criminal prosecution, or the imposition of any other legal remedy available to the city.

(h) Request for hearing. Any offender desiring to challenge the issuance of an administrative citation shall, within 15 calendar days from the date the administrative citation is issued, make a written request for a hearing with the city clerk setting forth the basis of the challenge. The offender shall cause to be deposited with the city's finance department the entire administrative fine and $250 as an offset to one-half ( 1/2) the fee associated with payment of an administrative hearing officer. Both parties shall equally split the cost for the hearing officer. Unused fees will be returned to the offender subsequent to the disposition of the hearing.

(i) Decision in favor of offender. The issuance of a decision in favor of the offender shall constitute a dismissal of the administrative citation. The city shall return any funds the offender paid to the city towards the dismissed administrative citation. Dismissal of an administrative citation shall not preclude the city from the commencement of a criminal prosecution, or the imposition of any other legal remedy available to the city.

(j) Waiver of right to hearing. The offender's failure to appear at a scheduled hearing shall constitute a waiver of the right to a hearing as well as a waiver of a right to judicial review of the imposition of the administrative fine. An offender's failure to appear at the hearing shall be presumed to be an admission of guilt to the municipal code violation charges as indicated on the administrative citation.

(k) Delinquency of administrative fine. Payment of an administrative fine is delinquent 30 days after the fine becomes due and payable. A delinquent administrative fine shall be treated as an account receivable by the city and shall be subject to the city's established policy for delinquent accounts payable. Furthermore, the offender shall also be required to pay to the city its actual cost of collection. Any fine imposed pursuant to section 1-7 of this Code shall be deemed delinquent if it is not paid in accordance with the terms and conditions of section 1-7. Any person who fails to pay to the city the amount of any fine imposed pursuant to the provisions of section 1-7 of this Code, on or before the date that fine amount is due, shall be liable for the payment of an additional delinquency penalty. The delinquency penalty is equal to 10% of the amount due the city, or 10% of the amount of the fine remaining unpaid to the city if a portion of the fine amount was timely paid. Interest shall accrue on all delinquent accounts, exclusive of delinquent penalties at the rate of one-half ( 1/2) of 1% per month, pro rata, of the total delinquent fine amount, from the date the fine becomes delinquent until the date that all delinquent fine amounts are paid to the city.

(Ord. No. 998, § 3, 2-14-00)

If an administrative citation is rendered in favor of the city, the offender may seek judicial review of the administrative order by doing one of the following:

(a) Appeal the administrative order pursuant to Government Code § 50369.4 within 20 calendar days after service of the administrative order. Such an appeal shall be made by filing a notice of appeal with the clerk of the civil division of the West Court Justice Center for the County of Orange, State of California, located at 8141 13th Street, Westminster, CA, along with the required filing fee and a copy of the administrative order. The appealing party shall also serve a copy of the notice of appeal on the City of Cypress at that time by delivering the same in person or mailing the same by first class mail, postage pre-paid, return receipt requested to: Cypress City Clerk, 5275 Orange Avenue, Cypress, CA, 90630. If no appeal notice is filed within the 20 calendar day period, the decision shall be deemed final; or

(b) File a petition for a writ of mandate pursuant to Code of Civil Procedure, § 1094.5, within 90 calendar days after service of the administrative order.

(Ord. No. 998, §§ 3,4, 2-14-00)