Eastvale Municipal Code Ch. 8.17 Administrative Citations and Fines

The City Council of the City of Eastvale finds and declares as follows:

(a) Enforcement of the Eastvale Municipal Code and adopted ordinances throughout the city is an important public service in order to protect the health, safety, and welfare of the public. Although it is always the goal of the city to obtain voluntary compliance with its laws, the city council recognizes that there will be instances where compliance must be compelled by administrative or judicial means when persons responsible for violations of this Code fail or refuse to voluntarily comply with applicable laws.

(b) Government Code § 53069.4 authorizes local jurisdictions to enact legislation making a violation of any local ordinance subject to an administrative fine or penalty. The state legislature has also enacted other provisions of California law that allow local governments to impose administrative or civil fines/penalties for violations of specified provisions of state law. The city council intends, pursuant to this statute, to establish an administrative citation program that:

(1) Imposes a non-judicial administrative fine and/or penalty for offenses of the Eastvale Municipal Code (including, but not limited to, any other code adopted therein) and other state laws as authorized by statute;

(2) Encourages prompt abatement or correction of prohibited conditions, uses or activities in the city; and

(3) Creates deterrence against future violations of the city's laws.

(c) The administrative citation remedy is not intended to replace any other remedy allowed by the Eastvale Municipal Code or state law. It is intended to provide an alternative and/or additional means by which the city's laws may be enforced.

(Ord. No. 2020-01, (Exh. A), 2-26-2020)

As used in this article, the following words are defined as follows:

Administrative fine and/or administrative penalty means the monetary penalty that is imposed upon a responsible person by means of a citation.

Citation means an administrative citation that is issued to a responsible person pursuant to this chapter.

Citee means a responsible person to whom a citation is issued.

City means the City of Eastvale, California.

City manager means the chief administrative official of the city as appointed by the city council.

Code includes:

(i) The entire Eastvale Municipal Code and any other code, rule, or regulation incorporated therein by adoption or reference;

(ii) Any uncodified ordinance adopted by the City Council of Eastvale;

(iii) Any rule or regulation promulgated pursuant to the provisions of the Eastvale Municipal Code;

(iv) Any condition of any permit, license, or other entitlement issued pursuant to this Code; and

(v) Other state laws as authorized by statute.

Enforcement officer and officer means any city employee with obligations to enforce the Eastvale Municipal Code, including, but not limited to, code enforcement personnel, building official or their designees.

Hearing officer includes a private entity, organization, association or person, or a public official, or duly constituted reviewing authority or commission that the city manager designates or appoints to consider all timely requests for an administrative hearing upon issuance of a citation.

Owner means and includes any person having legal title to any real property in the city, including all persons shown as owners on the last equalized assessment roll of the Riverside County Assessor's Office. Owners include persons with powers of attorney, executors of estates, trustees, or who are court-appointed administrators, conservators, guardians or receivers. An owner of personal property shall be any person who has legal title, charge, control, responsibility for, or possession of such property.

Person means and includes any individual, partnership of any kind, a corporation of any kind, limited liability company, association, joint venture or other organization or entity, however formed, as well as fiduciaries, trustees, heirs, executors, administrators, or assigns, or any combination of such persons. The term "person" also includes any public entity or agency that acts as an owner in the city.

Property or premises means any real property, or improvements thereon, or portions thereof, as the case may be. The term "property" includes any parkway or unimproved public easement abutting such real property. The term "property" shall also include all forms of personal property or animals, where applicable.

Responsible person means any person, whether as an owner or an agent, manager, or representative of an owner, or otherwise, that allows, causes, creates, maintains, suffers, or permits a violation of the Code to exist or continue, by any act or the omission of any act or duty. The term "responsible person" includes any person who leases, rents, occupies or has charge, control or possession of, or responsibility for any real property in the city upon which a violation exists, or of any personal property that constitutes a violation.

Violation means an act or omission of any act, or use or condition that constitutes an offense of the Code, as well as a breach or violation of any condition of a permit, approval or license issued pursuant to the Code.

(Ord. No. 2020-01, (Exh. A), 2-26-2020)

(a) Use of this article shall be at the sole discretion of the city and is one remedy that the city has to address violations of the Eastvale Municipal Code or other applicable provisions of state law. By adopting this article, the city does not intend to limit its discretion or ability to utilize any administrative, civil, criminal, or other remedy available at law or equity, or any combination thereof, to address violations of the city's laws.

(b) This article makes a violation of any provision, restriction, or requirement of this Code or any code adopted by reference herein, any ordinance of the city, any rule or regulation promulgated pursuant thereto, or any condition of any permit, license, or other entitlement issued pursuant to this Code subject to an administrative fine.

(c) This article establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of administrative fines and/or penalties pursuant to Government Code § 53069.4.

(d) An administrative fine in an amount adopted by ordinance or resolution of the city council, or as provided for in section 8.17.060, shall be imposed by means of an administrative citation issued by an enforcement officer, and shall be paid directly to the City of Eastvale (or authorized agent thereof). Payment of a fine shall not excuse a failure to correct a violation, nor shall it bar concurrent or further enforcement actions by the city.

(e) The city manager, or a designee thereof, may dismiss a citation at any time if a determination is made that it was issued in error, in which event any deposit of a fine shall be refunded. Notice of such action shall be given to the citee in writing.

(f) The city manager, or a designee thereof, is authorized to promulgate procedural rules and regulations governing the provisions in this chapter.

(Ord. No. 2020-01, (Exh. A), 2-26-2020)

(a) Whenever an officer determines that a violation of the Code has occurred, the officer may issue a citation on a city-approved form imposing an administrative fine or fines to the responsible person in accordance with the provisions of this article.

(b) When 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, a citation shall not be issued pursuant to this chapter unless the responsible person has first been provided with a reasonable period, as determined by the officer, in which to complete the abatement or compliance actions. Notwithstanding the foregoing, a citation may be issued forthwith if the violation 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, provided that a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties is provided if all of the following are true:

(1) A tenant is in possession of the property that is the subject of the administrative action.

(2) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis.

(3) 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) An officer may issue a citation for a violation not committed in the officer's presence if the officer has determined, through investigation that the citee did commit, or is otherwise responsible for, the violation.

(d) Each day, or any portion thereof, that a prohibited condition, use or activity under the Code is committed, continued or permitted, shall constitute a separate violation for which an administrative fine may be imposed. A single citation may charge multiple violations of the Code, however, each violation is subject to a separate and distinct administrative fine.

(e) Each citation shall contain the following information:

(1) Name and mailing address of the responsible person.

(2) The issuance date of the citation.

(3) The address or description of the location of the violation.

(4) The date and approximate time of the commission of the violation, or detection thereof by an officer.

(5) The relevant provisions or sections of the Code alleged to have been violated;

(6) A description of the violation;

(7) Amount of the fine for each violation, the procedure and place to pay the fines and/or re-inspection fees, and any late penalty and/or interest charges, if not timely paid;

(8) When appropriate, the actions required to correct the violations, and, if applicable, any deadlines or time limitations for commencing and completing such actions;

(9) A description of the administrative citation review process and the manner by which a hearing on a citation may be obtained (including the form to be used, where it may be procured from, and the period in which a request must be made in order to be timely);

(10) The name and signature of the officer, and the signature of the citee, if he or she is physically present and willing to sign the citation at the time of its issuance. The refusal of a citee to sign a citation shall not affect its validity or any related subsequent proceeding, nor shall signing a citation constitute an admission that a person has committed a violation of the Code;

(11) A statement that the failure to timely tender the fines and other fees, costs, and/or charges imposed pursuant to this chapter may result in the recordation of a lien and/or the delay in issuance or renewal of any city license and/or permit;

(12) A statement that the failure to correct any violation as referenced in the citation could result in the recordation of a declaration of substandard property with the Riverside County Recorder's Office; and

(13) Any other information deemed necessary by the city manager.

(Ord. No. 2020-01, (Exh. A), 2-26-2020)

(a) A citation may be served either by personal delivery to the citee or by first class mail through the United States Postal Service.

(b) If served by personal delivery, the date of personal delivery of the citation to the citee shall constitute its issuance date and the date that service shall be deemed complete.

(c) If served by first class mail, the citation shall be sealed in an envelope with postage prepaid and addressed to the citee at his or her last-known business, residence, or mailing address as same appears in public records of the city, the Riverside County Tax Assessor's Office, the Riverside County Recorder's Office, the California Department of Motor Vehicles, and/or the Secretary of State. In such instances, the date a citation is deposited with the United States Postal Service shall constitute its issuance date, and the date that service shall be deemed complete.

(d) If a citation is personally sub-served upon an authorized agent, manager or representative of the citee, a copy thereof shall also be served upon the citee by first class mail at his or her last known business, residence, or mailing address as same appears in public records of the city, the Riverside County Tax Assessor's Office, the Riverside County Recorder's Office, the California Department of Motor Vehicles, and/or the Secretary of State. In such instances, the date a copy of the citation is deposited with the United States Postal Service shall constitute its issuance date, and the date that service shall be deemed complete

(e) If service cannot be accomplished personally or by mail for citations involving a real property-related violation of the Code, the officer shall post the citation at a prominent location on the real property where the violation is alleged to have occurred. In such instances, the date of posting shall constitute the issuance date of the citation, and the date that service shall be deemed complete.

(f) Any notice or order given pursuant to any provision of this article shall be served in the manner provided for in this section, unless otherwise stated.

(g) Failure of a citee to receive a citation or notice given in the manner stated in this section shall not invalidate any fine, late penalty charge, action or proceeding that is imposed or brought pursuant to this article.

(Ord. No. 2020-01, (Exh. A), 2-26-2020)

(a) Fine. The amounts of the fines imposed pursuant to this article may be set forth in a schedule of fines established by ordinance or resolution of the city council. The city council may also impose escalating fines in amounts it deems appropriate for repeat offenses of the same ordinance. The amounts of fines may be modified from time to time, provided they do not exceed the limits allowed by state law, as stated in the following paragraph. If the city council has not adopted a specific fine for a violation of an ordinance, then the maximum penalty allowed by state law as stated in the following paragraph may be imposed.

(1) If a violation is otherwise classified as an infraction under the Code, the administrative fine shall not exceed $100.00 for a first offense, $200.00 for a second offense of the same ordinance within a 12-month period of time, and $500.00 for a third or greater offense of the same ordinance within a 12-month period of time, as set forth in subdivision (b) of section 36900 of the California Government Code.

(2) Notwithstanding the foregoing, the administrative fine for a violation of building and safety codes classified as an infraction shall not exceed $130.00 for a first offense, $700.00 for a second offence of the same ordinance within a 12-month period of time, and $1,300.00 for a third or greater offense of the same ordinance within a 12-month period of time. A fine not exceeding $2,500.00 may be imposed for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.

(3) Notwithstanding the foregoing, the administrative fine for each violation of the city's short-term rental ordinance, codified at Section 120.04.160 of this Code, that is classified as an infraction shall not exceed $1,500 for a first violation; $3,000 for a second violation of the same ordinance within one year; and $5,000 for each additional violation of the same ordinance within one year of the first violation.

(b) Re-inspection fee. In addition to any fine imposed pursuant to this article, a re-inspection fee shall be assessed against any responsible person in an amount established by resolution of the city council if the responsible person does not timely and completely correct or abate a violation (with all requisite approvals, permits, licenses, and/or inspections) after having received notification from the city to correct or abate same.

(c) Late penalty charge. Failure to pay an administrative fine within the period specified on the citation shall result in the assessment of a late penalty charge in an amount established by resolution of the city council, not to exceed 100 percent of the total fine owed (excluding any re-inspection fee).

(d) Interest. Failure to pay an administrative fine within 60 days of the issuance of a citation or, if contested, within 60 days of an order to pay pursuant to a decision by a hearing officer or judicial officer confirming the fine, shall result in the imposition of an interest charge at a rate established by resolution of the city council. Interest shall not accrue on a late penalty charge or re-inspection fee.

(Ord. No. 2020-01, (Exh. A), 2-26-2020; Ord. No. 23-23, § 1, 3-22-2023)

(a) Payment. All administrative fines and re-inspection fees imposed by means of a citation shall be due from the citee and shall be received by the city (or agent thereof) within 30 calendar days from the date the citation was served. Thereafter, a late penalty charge shall be due and owing, as well as interest, as imposed by this article.

(1) Administrative fines, re-inspection fees, late penalty charges, and any interest due shall be paid to the city at such location or address as stated in the citation, or as may otherwise be designated by the city manager.

(2) Payment of an administrative fine shall not excuse or discharge a citee from the duty to immediately abate a violation of the Code, nor from any other responsibility or legal consequences for a continuation or repeated occurrences of a violation of the Code.

(3) Abatement of a violation shall not excuse the obligation of a citee to pay an administrative fine or any other charges, fees, or costs imposed as a result of the issuance of a citation.

(b) Collection. Unpaid administrative fines and other charges, fees, or costs imposed in accordance with this chapter shall constitute a debt that may be collected in any manner allowed by law, including, but not limited to:

(1) The filing of a civil action in the Riverside Superior Court; and/or

(2) The recordation of a lien with the Riverside County Recorder's Office against citee-owned property that was the subject of the citation; and/or

(3) By means of a special assessment against citee-owned property that was the subject of the citation; and/or

(4) By means of collecting the debt using the California Franchise Tax Board "Inter-Agency Offset Program" (pursuant to § 12419.10 of the California Government Code); and/or

(5) By denying the issuance or renewal of any city approval, license, permit, or other entitlement to any citee who has failed to tender all unpaid administrative fines, late penalty charges, interest charges, or re-inspection fees.

The city shall also be entitled to recover its attorneys' fees and costs arising from an action to collect an administrative fine and other charges, fees, or costs imposed in accordance with this article, if it is the prevailing party and provided it made the election to seek attorney fees at the commencement of the action. A citee shall be entitled to recover his or her attorney fees if the city made the election to seek attorney fees at the outset of the action and the citee prevails thereon.

The city manager, or a designee thereof, may promulgate policies and procedures for the city's election to use one or more of the foregoing collection remedies. Unless otherwise set forth in a policy promulgated by the city manager, the recordation of a lien or special assessment for unpaid administrative fines, late penalty charges, interest charges, or re-inspection fees shall substantially comply with the procedures set forth in chapter 8.18 of this Code for the recordation of liens and special assessments for abatement costs.

(Ord. No. 2020-01, (Exh. A), 2-26-2020)

(a) Appeal. Any citee may contest the violation, or that he or she is a responsible person, by filing a request for an administrative hearing in the manner set forth on the citation within ten calendar days from the issuance date of the citation. A citee required to pay administrative fines pursuant to section 8.17.060(a) may request an administrative hearing and seek a reduction the fine amount. If the request for a hearing is not timely received in the manner set forth on the citation, the citee shall have waived the right to a hearing and the citation shall be deemed final.

(1) A request for a hearing shall contain the following:

a. The citation number.

b. The name, address, telephone and any facsimile numbers, of each person contesting the citation.

c. A statement of the reasons why a citation is being contested.

d. The date and signature of the citee.

(2) No filing fee shall be charged for the filing of a request for an administrative hearing.

(3) A timely request for a hearing shall not excuse a citee from the duty to immediately abate a violation of the Code, nor from any other responsibility or legal consequences for a continuation or repeated occurrences of a violation of the Code.

(b) Advanced deposit of fine. Requests for a hearing shall be accompanied by an advance deposit of the entire amount of the fine (and any accompanying re-inspection fee) stated in the citation. Failure to deposit a fine (and accompanying re-inspection fee) within the required period, or the tender of a non-negotiable check, shall render a request for an administrative hearing incomplete and untimely, in which case the citee shall have waived the right to a hearing and the citation shall be deemed final. Fines that are deposited with the city shall not accrue interest. Fines deposited shall be returned to the person tendering the fines in the event a citation is overturned.

(1) Hardship waiver of advance deposit of fine. A citee who is financially unable to deposit the administrative fine with his or her request for a hearing may complete a city-approved application form for an advance deposit hardship waiver (hereinafter, "hardship waiver"). This form and all required accompanying records shall be tendered, along with a request for a hearing, to the Office of the City Clerk or as otherwise set forth on the citation, within ten calendar days from the issuance date of the citation.

a. To be considered for a hardship waiver, the application form must be complete, signed, and must be accompanied by documents that enable the city to reasonably determine the citee's present inability to deposit the fine. Documents suitable for consideration, may include, without limitation, accurate, 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, income and expense records for 12 months preceding submittal of the waiver form, as well as other documentation demonstrating the citee's financial hardship. The city may, at its sole discretion, request additional documents in order to determine a citee's financial ability to tender an advance deposit of the fine. Failure to submit sufficient evidence of a citee's financial inability to tender an advance deposit of the fine shall result in a denial of the hardship waiver.

b. Failure to submit a completed, signed hardship waiver form, along with sufficient records that support a claim of financial hardship, shall render any request for an administrative hearing incomplete and untimely. In this event, the citee shall have waived the right to a hearing and the citation shall be deemed final.

c. The city shall issue a written decision regarding the application for a hardship waiver. If the hardship waiver is denied, the written decision shall specify the reasons for not issuing the hardship waiver. All decisions for hardship waivers shall inform the citee of the manner and time in which to retrieve the documents submitted by the citee to the city in support of the hardship waiver application. This decision is final and non-appealable. The decision shall be served upon the person requesting the hardship waiver by first class mail to the address listed on the hardship waiver application.

1. The city shall retain all documents submitted by a citee to support an application for a hardship waiver for ten calendar days after the date of the written decision on the application, and if the documents are not recovered by the citee within said time, the city may, at any time thereafter, in its sole discretion and after a citation is final or confirmed, destroy or discard the supporting documents without any further notice to the citee.

2. Approval of a hardship waiver shall result in the city setting a hearing pursuant to section 8.17.100.

3. If the city determines that the citee is not entitled to a hardship waiver, he or she shall tender the full amount of the administrative fine as set forth in the written decision on the hardship waiver within ten calendar days of the date the decision is deposited with the U.S. Postal Service. In the event the city clerk does not receive the full amount of the fine in the required period:

(i) The request for a hearing is rendered incomplete and untimely;

(ii) The citee shall have waived the right to a hearing and the citation shall be deemed final; and

(iii) A late penalty charge shall be imposed upon the administrative fine.

(Ord. No. 2020-01, (Exh. A), 2-26-2020; Ord. No. 23-23, § 2, 3-22-2023)

(a) An administrative appeal hearing shall be scheduled and conducted within 60 calendar days of the date a timely and complete request is received by the city. A citee who files a request for an administrative hearing to contest a citation (hereinafter, "appellant") shall be notified in writing by first class mail of the date, time, and location of the hearing at least ten calendar days prior to the date of the hearing. The failure of an appellant to receive a properly addressed notice shall not invalidate the citation or any hearing or city action or proceeding conducted pursuant to this chapter.

(b) At the place and time set forth in the written notice of administrative hearing, the hearing officer shall hear and consider the testimony of the issuing officer, the appellants, and/or their witnesses, as well as any documentary evidence presented by these persons concerning the violations alleged in the citation.

(c) Administrative hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a violation and responsibility therefore by a preponderance of evidence. The issuance of an administrative citation shall constitute prima facie evidence of the violation and the enforcement officer who issued the citation is not required to attend or participate at the hearing. The appellants, and officer, if present, shall have an opportunity to present evidence and witnesses and to cross-examine witnesses. An appellant may bring an interpreter to the hearing at the appellant's sole expense. The hearing officer may question any person who presents evidence or who testifies at any hearing.

(d) The appellant may appear at the hearing. If the appellant does not appear at the administrative hearing, the hearing officer shall make his or her determination based on the information contained in the notice of appeal.

(e) Hearings may be continued once at the request of an appellant or the officer who issued the citation. Any request by an appellant to continue a hearing must be submitted to the city clerk in writing no later than two business days before the date scheduled for the hearing. The hearing officer may continue a hearing for good cause or on his/her own motion; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties.

(Ord. No. 2020-01, (Exh. A), 2-26-2020; Ord. No. 21-01, § 1, 2-24-2021)

(a) After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or overturn the citation based upon whether there was a preponderance of evidence that the violations listed in the citation existed or occurred and shall state the reasons therefor.

(1) If the citation is upheld and the violation has not been fully corrected as of the date of the hearing, the hearing officer shall order correction thereof in the decision and provide a deadline to complete said actions, which shall in no event be greater than 30 calendar days from the date of the decision. The decision of the hearing officer shall be a final administrative decision.

(2) If the citation is upheld and the appellant did not deposit the fine at the time the appellant requested an administrative appeal hearing, the hearing officer shall also order the payment of the fine (and other applicable fees and costs) within 20 calendar days of the decision.

(3) If the citation is overturned in whole or in part, the city shall refund the fine deposit corresponding to portion of the citation that was overturned. Any such fine shall be mailed to the responsible person within 45 calendar days of the city's receipt of the hearing officer's decision and order.

(b) The appellants shall be served by first class mail with a copy of the hearing officer's written decision. The date the decision is deposited with the U.S. Postal Service shall constitute the date of its service. The failure of an appellant to receive a properly addressed decision shall not invalidate or any hearing, city action or proceeding conducted pursuant to this chapter.

(c) Decisions of the hearing officer are, in accordance with Government Code § 53069.4(b), appealable to the superior court within 20 days after the date of their service. Each decision shall contain a statement advising the appellants of this appeal right and the procedures and court filing fee for its exercise. An appellant shall serve a copy of the court filed notice of appeal on the Office of the City Clerk by personal service or first class mail within five calendar days of filing the original thereof.

(d) If a hearing officer's decision is not appealed in a timely manner, the decision shall be deemed confirmed, final, and binding.

(e) An appeal from a hearing officer's decision is not appealable to the city council and the superior court is the sole reviewing authority. The appeal hearing before the superior court shall be heard de novo, except that the contents of the city's file in the case (including the citation) shall be received in evidence and shall constitute prima facie evidence of the facts stated therein.

If a responsible person prevails on appeal, the city shall reimburse his or her filing fee, as well as the fine deposit in accordance with the court judgment. These monies shall be mailed to the responsible person within 45 calendar days of the city's receipt of a notice of judgment or ruling from the superior court clerk.

(Ord. No. 2020-01, (Exh. A), 2-26-2020)

Failure of a citee to comply with a corrective action stated in any uncontested citation, or with regard to a correction order in any hearing officer decision that is deemed confirmed and not appealed to the superior court, shall constitute a misdemeanor. A citee's willful nonpayment of administrative fines, late penalty charges, interest charges or re-inspection fees shall constitute a misdemeanor.

(Ord. No. 2020-01, (Exh. A), 2-26-2020)