El Monte Municipal Code Ch. 1.18 Administrative Citations

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Editor's note— Ord. No. 2865, § 2, adopted Sept. 15, 2015, repealed Ch. 1.18 and enacted a new chapter as set out herein. The former Ch. 1.18, §§ 1.18.010—1.18.130, pertained to similar subject matter and derived from Ord. 2542, § 1(part), adopted in 2001; Ord. 2258, §§ 1, 5, 7, 8, adopted in 2002; and Ord. 2581, §§ 1, 2, 4, 5, adopted in 2003.

The city council of the city of El Monte finds and declares as follows:

A. Enforcement of the El Monte Municipal Code and adopted ordinances throughout the city is an important public service. A program for enforcement of local codes is vital to protect public health, safety, and welfare. The establishment of a comprehensive and effective code enforcement program that is able to utilize both administrative and judicial remedies against violations of the city's laws is best equipped to protect public health, safety, and welfare.

B. Government Code Section 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 fines and/or 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 nonjudicial administrative fine and/or penalty for offenses of the El Monte 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 El Monte 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.

D. Use of this chapter shall be at the sole discretion of the city and is one remedy that the city has to address violations of the El Monte Municipal Code or other applicable provisions of state law. By adopting this chapter, 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.

E. This chapter 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.

F. This chapter establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of administrative fines and/or penalties pursuant to Government Code Section 53069.4.

G. An administrative fine in an amount adopted by resolution of the city council shall be imposed by means of an administrative citation issued by an enforcement officer, and shall be paid directly to the city of El Monte. 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.

H. 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.

(Ord. No. 2865, § 2, 9-15-2015)

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

A. "Administrative fine," "fine," "penalty" and/or "administrative penalty" shall mean the monetary sanction established by resolution of the city council that is imposed upon a responsible person by means of a citation.

B. "Citation" shall mean an administrative citation that is issued to a responsible person pursuant to this chapter.

C. "Citee" shall mean a responsible person to whom a citation is issued.

D. "City" shall mean the city of El Monte, California.

E. "City Manager" shall mean the chief administrative official of the city as appointed by the City Council.

F. "Code" shall include:

1. The entire El Monte Municipal Code and any other code, rule, or regulation incorporated therein by adoption or reference;

2. Any uncodified ordinance adopted by the City Council of El Monte;

3. Any rule or regulation promulgated pursuant to the provisions of the El Monte Municipal Code;

4. Any condition of any permit, license, or other entitlement issued pursuant to this code; and

5. Other state laws as authorized by statute.

G. "Enforcement officer" and "officer" shall mean any city employee with obligations to enforce the El Monte Municipal Code. Enforcement officers shall include personnel identified in Sections 1.16.020(H) and 1.16.030 of the El Monte Municipal Code. The City Manager may designate additional employees of other city departments to act as officers for purposes of implementing and enforcing the provisions of this chapter.

H. "Hearing officer" shall include a private 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. The term "Hearing Officer" may also include a person with experience, qualifications and training reasonably satisfactory to the city who are employed by, or otherwise contracted by, an entity which is itself under contract with the city to provide services relating to the processing, review and disposition of administrative citations, which services also include provision of personnel to serve as hearing officers.

I. "Owner" shall mean and include any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, or responsibility for, any real property in the city, including all persons shown as owners on the last equalized assessment roll of the Los Angeles 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.

J. "Person" shall mean 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. "Person" also includes any public entity or agency that acts as an owner in the city.

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

L. "Responsible person" shall mean 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 forgoing notwithstanding, for citations issued pursuant to Chapter 15.34 of the El Monte Municipal Code, the definition of the term "responsible person" as set forth under Section 15.34.060 (Definitions) shall apply and control.

M. "Violation" shall mean 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, entitlement or license issued pursuant to the code. A "transient" violation is one that is brief or spontaneous in its commission, or that is not typically confined to a fixed location. A "nontransient" violation is continuing in nature and generally present at one location.

(Ord. No. 2865, § 2, 9-15-2015; Ord. No. 2938, §§ 2, 3, 11-20-2018)

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

B. When the violation pertains to building, plumbing, electrical or other similar structural or zoning issues that create an immediate danger to health or safety, a citation may be issued forthwith. In the absence of an immediate danger, a citation for a violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues shall not be issued pursuant to this chapter unless the responsible person has first been provided with a reasonable period of up to thirty (30) days, as determined by the officer, in which to complete the abatement or compliance actions.

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 date of the commission of the violation(s), or detection thereof by an officer;

3. The address or description of the location of the violation;

4. The relevant provision(s) or section(s) of the code alleged to have been violated;

5. A description of the violation(s);

6. Amount of the fine for each violation, the amount of any reinspection fee, as well as the procedure and place to pay the fine(s) and/or reinspection fees, and any late penalty and/or interest charge(s), if not timely paid;

7. When appropriate, the action(s) required to correct the violation(s), and, if applicable, any deadlines or time limitations for commencing and completing such action(s);

8. 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);

9. The name of the officer and the citee;

10. A statement that the failure to timely tender the fine(s) and other charges/fees imposed pursuant to this chapter may result in: (a) a civil action against citee; (b) the recordation of a lien or special assessment against the citee's real property; and (c) the denial of any city approval, license, entitlement or permit to citee until all delinquent monies are paid to the city; and

11. Any other information deemed necessary by the City Manager.

(Ord. No. 2865, § 2, 9-15-2015)

A. A citation may be served either by personal delivery to the citee or by first class mail through the United States Postal Service. The date of personal service shall constitute the issuance date of a citation.

B. 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 or residence address as same appears in public records of the city, the Los Angeles County Tax Assessor's Office, and/or the Secretary of State. The date a citation is deposited with the United States Postal Service shall constitute: (1) its issuance date, and (2) the date that service by first class mail shall be deemed to have been completed.

C. If an agent, manager or representative of a responsible person is personally served with a citation, a copy thereof shall also be served by first class mail to the responsible person at his or her last-known business or residence address as same appears in public records of the city, the Los Angeles County Tax Assessor's Office, and/or the Secretary of State. In such instances, the date a copy of the citation is deposited with the U.S. Postal Service shall constitute the issuance date of a citation.

D. If service cannot be accomplished personally or by mail, the officer shall post the citation on the real property where the violation is alleged to have occurred. The date of posting shall constitute the issuance date of a citation.

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

F. Failure of a citee to receive a citation or notice shall not invalidate any fine, late penalty charge, action or proceeding that is imposed or brought pursuant to this chapter, if service was given in a manner stated in this section.

(Ord. No. 2865, § 2, 9-15-2015)

A. The amounts of the fines for misdemeanor violations of the EMMC imposed pursuant to this chapter shall be set forth in a schedule of fines established by resolution of the City Council. The City Council may, by resolution, 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 by a resolution of the City Council.

B. If a violation is otherwise classified as an infraction under the code, the administrative fine shall not exceed one hundred dollars ($100.00) for a first offense, two hundred dollars ($200.00) for a second offense of the same code provision within a twelve-month period of time, and five hundred dollars ($500.00) for a third or subsequent offense of the same code provision within a twelve-month period of time, as set forth in subdivision (b) of Section 36900 of the California Government Code. The amounts of such fines may be modified from time to time by a resolution of the City Council provided they do not exceed the limits allowed by state law.

C. Notwithstanding subsection B above, a violation of local building and safety codes determined to be an infraction is punishable by:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding five hundred dollars ($500.00) for a second violation of the same ordinance within one year;

3. A fine not exceeding one thousand dollars ($1,000.00) for each additional violation of the same ordinance within one year of the first violation.

D. In addition to any fine imposed pursuant to this chapter, a reinspection fee and/or any associated costs expended (including, but not limited to, investigation, abatement, and legal) may 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, entitlements, licenses, and/or inspections) after having received notification from the city to correct or abate same.

(Ord. No. 2865, § 2, 9-15-2015)

A. The due date for the city's receipt of an administrative fine and any applicable reinspection fee shall be thirty (30) calendar days from the issuance date of a citation. Thereafter, a late penalty charge shall be due and owing for the unpaid fine, as well as interest, as imposed by this chapter.

B. Failure to pay an administrative fine by the due date shall result in the assessment of a late penalty charge of twenty-five (25) percent per month for four (4) months.

C. Failure to pay an administrative fine within thirty (30) days after the issuance of an uncontested administrative citation or, if contested, within thirty (30) days after an order to pay pursuant to a decision by a hearing officer or judicial officer confirming the fine, shall also 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 reinspection fee. The rate of interest may be modified from time to time by resolution of the City Council.

D. Administrative fines, reinspection fees, late penalty charges, investigation, and abatement costs, 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.

E. 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 occurrence(s) of a violation of the code.

F. 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.

G. 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 Los Angeles Superior Court; and/or (2) the recordation of a lien with the Los Angeles County Recorder's Office against citee-owned property that was the subject of the citation in the manner set forth in EMMC Section 1.19.040; and/or (3) by means of a special assessment against citee-owned property that was the subject of the citation in the manner set forth in EMMC Section 1.19.050; and/or (4) by means of collecting the debt using the California Franchise Tax Board "Inter-Agency Offset Program" (pursuant to Section 12419.10 of the California Government Code); and/or (5) by denying the issuance or renewal, in the manner set forth in EMMC Section 1.18.110, of any city approval, entitlement, license or permit to any citee who has failed to tender all unpaid administrative fines, late penalty charges, interest charges, or reinspection fees. The city shall be entitled to recover its attorney's fees and costs arising from an action to collect an administrative fine and other charges, fees, or costs imposed in accordance with this chapter, if it is the prevailing party and provided it made the election to seek attorney's fees at the commencement of the action. A citee shall be entitled to recover his or her attorney's fees if the city made the election to seek attorney's fees at the outset of the action and the citee prevails thereon.

(Ord. No. 2865, § 2, 9-15-2015)

A. Any citee may contest the violation(s), or that he or she is a responsible person, by filing an application requesting an administrative hearing on such forms as may be approved by the city. The appeal application shall be filed with the department or entity designated by the city on the application form. Application forms shall be available on the city's internet homepage or at the offices of the Neighborhood Services Division during the city's regular business hours. A completed application form must be filed along with any required appeal fee that may be indicated in the application form within twenty-one (21) calendar days after the issuance date of a citation. If a citee fails to timely file an appeal application, the citee shall have waived his/her right to an appeal hearing and the citation shall be deemed final. Also, except as otherwise provided under Section 1.18.070, below, if an appeal application that does not also include any required appeal fee and/or the advance deposit in the amount of the fine(s) set forth in the citation, such applications shall be deemed incomplete and may be considered untimely if the required appeal fee and advance deposit are not also submitted within the 21-day filing period referenced in this paragraph, above. It is the responsibility of each citee to ensure that his or her appeal application is complete and that all required appeal fees and advance deposits have been submitted along with the appeal application. The city is under no obligation to notify a citee when he or she fails to include the requisite appeal fee or advance deposit with his or her application prior to the expiration of the 21-day period for filing appeal applications.

B. Citees who do not timely file a request to contest the violation(s) or who fail to also submit the advance deposit or any appeal fee shall have waived the right to a hearing and the citation shall be deemed final.

C. A written request for a hearing shall, at a minimum, contain the following:

1. The citation number;

2. The name, address, telephone and any facsimile number and/or e-mail address, of the person contesting the citation;

3. A written statement explaining the factual and/or legal grounds upon which the city's issuance of the citation is being challenged by the citee along with any other documentary evidence the citee believes supports his/her challenge to the citation; and

4. The date and signature of the citee(s).

D. Except as otherwise authorized under Section 1.18.070, below, written requests for a hearing shall be accompanied by an advance deposit of the entire amount of the administrative fine stated in the citation. Failure to submit the deposit in the fine amount with the written request for hearing within the required period for filing the written request for hearing, shall render the application 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. Fine deposits shall not accrue interest. Fine deposits shall be returned to the citee for those violations alleged in the citation that are overturned by the Hearing Officer or dismissed by the city.

E. 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 occurrence(s) of a violation of the code.

F. For purposes of Sections 1.18.060 through 1.18.90, where any deadline specifies that an application, deposit, fee or other item must be submitted or filed with the city or an entity designated by the city within a specified period of time, such application, deposit, fee or other items shall be deemed submitted or filed on the date it is actually received by and in the possession of the city or designated entity. Accordingly, if an application, deposit, fee or other item is deposited in the mail or given to a courier services for delivery to the city or the city's designated entity, such application, deposit, fee or other item shall not be considered submitted or filed until it is actually received by, and in the possession of, the city or the city's designated entity.

(Ord. No. 2865, § 2, 9-15-2015; Ord. No. 2938, § 4, 11-20-2018)

A. If a citee who challenges a citation pursuant to Section 1.18.060, above, also contends that he or she is financially unable to submit the advance deposit required under subdivision D. of Section 1.18.070, above, the citee may also submit a separate application requesting that the city waive the requirement to advance such deposit along with the appeal application. The application to request a waiver of the requirement to submit an advance deposit shall be accompanied by documentation and other evidence which the citee believes supports his or her waiver request. The City Manager shall administratively designate which city employees shall have standing authority to review, evaluate and act on such waiver requests. Nothing in this section shall operate to waive a citee's obligation to pay any and all fine amounts due should a citation be upheld on appeal.

B. To be considered for a waiver, the citee's waiver application must be complete, signed by the citee, and must be accompanied by documents that enable the city to reasonably evaluate the citee's present inability to advance the deposit sums in the amount of the administrative fine. Documents suitable for such 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 twelve (12) months preceding submittal of the waiver form, as well as other documentation demonstrating the citee's financial hardship. The city may, in 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.

C. The city shall issue a written decision regarding the application for a waiver within ten (10) calendar days from the date the waiver application is submitted. If the hardship waiver is denied, the written decision shall specify the reasons for the denial. Decisions regarding waiver requests are final and non-appealable. If a waiver request is denied, the citee shall tender the full amount of the advance deposit at the location specified in the denial notice and by the date and time specified in the denial notice. The failure of the citee to timely submit such advance deposit following the denial of a waiver request shall result in the appeal request being deemed incomplete and untimely and the citation shall be deemed final.

D. The city may, at a time chosen in its sole discretion and after a citation is final or confirmed, destroy or discard the documents submitted by a citee for a hardship waiver without prior notice to the citee.

E. All notices, including notices of decision to be issued by the city under this section may be issued by city personnel or by any entity under contract with the city to process and review.

(Ord. No. 2865, § 2, 9-15-2015; Ord. No. 2938, § 5, 11-20-2018)

A. An administrative appeal hearing shall be set for a date that is not less than fifteen (15) calendar days and not more than sixty (60) calendar days after the date a timely and complete appeal application is received as provided under Section 1.18.060, above. A citee who files a request for an administrative hearing to challenge the issuance of a citation (hereafter "appellant") shall be notified in writing by first class mail of the date, time, and location of the hearing at least ten (10) 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 notification of administrative hearing, the Hearing Officer shall hear and consider the testimony of the Issuing Officer, the appellant(s), and/or their witnesses, as well as any documentary evidence presented by these persons concerning the violation(s) 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 therefor by a preponderance of evidence. The issuance of an administrative citation shall constitute prima facie evidence of the violation. The appellant(s), and officer, if present, shall have an opportunity to present evidence and witnesses and to cross-examine witnesses. An appellant and the officer issuing the citation may represent himself/herself/themselves or be represented by anyone of his/her/their choice. An appellant may bring an interpreter to the hearing at the appellant's sole expense. The city may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. The Hearing Officer may question any person who presents evidence or who testifies at any hearing.

D. An appellant may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the city at a return address indicated in the hearing notice referenced under subdivision A of Section 1.18.080, above, at least seven (7) city business days prior to the hearing. For purposes of this section "city business days" means Monday through Thursday and excludes Saturday, Sunday and Friday and any other date in which the City is closed for business. If an appellant elects to appear at the hearing by written declaration, the Issuing Officer who issued the citation shall not be required to attend or participate at the hearing. If the appellant fails to attend the scheduled hearing, or to otherwise submit a written declaration in a timely manner, the hearing shall be canceled and notice thereof shall be mailed to the appellant(s) by first class mail to the address(es) stated on the appeal form. A cancellation of a hearing due to nonappearance of the appellant shall constitute the appellant's waiver of the right to appeal. In such instances, the citation (and corresponding fine and other applicable fees) shall be deemed final. The term "Issuing Officer" shall refer to the city employee who issued the citation under dispute, and may include, without limitation, a sworn officer of the El Monte Police Department, an official of the El Monte Neighborhood Services Division dully authorized to issue administrative citations on behalf of the city or any other city employee duly authorized by the city to issue citations on the city's behalf.

E. Hearings may be continued once at the request of an appellant or the Issuing Officer who issued the citation. The Hearing Officer may also continue the hearing for cause.

(Ord. No. 2865, § 2, 9-15-2015; Ord. No. 2938, § 6, 11-20-2018)

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 and shall state the reasons therefor. The city shall preserve all exhibits and evidence submitted at the hearing until all appeals have been exhausted. 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 action(s). The decision of the Hearing Officer shall be final. 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 twenty (20) calendar days of the decision.

B. The appellant(s) 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 any hearing, city action or proceeding conducted pursuant to this chapter.

C. Decisions of the Hearing Officer are, in accordance with Government Code Section 53069.4(b), appealable to the superior court within twenty (20) days after the date of their service. Each decision shall contain a statement advising the appellant(s) of this appeal right and the procedures and court filing fee for its exercise. As required under Government Code Section 53069.4(b), the appellant shall serve a copy of the notice of appeal upon the city at the Office of the City Clerk. Such service may be made in person during the City's regular business hours or by first-class mail, provided that in both instances the notice of appeal must be received by the Office of the City Clerk within five (5) calendar days after the filing of the original court filed notice of appeal. Service upon any other division or department of the city, other than the Office of the City Clerk, shall be deemed defective.

D. If a Hearing Officer's decision is not appealed in a timely manner, the decision shall be deemed confirmed.

E. The superior court is the sole reviewing authority and an appeal from a Hearing Officer's decision is not appealable to the City Council. If an appellant prevails on appeal to the Superior Court, the city shall order the reimbursement of his or her filing fee, as well as the fine deposit in accordance with the court judgment. These monies shall be mailed to the appellant within forty-five (45) calendar days after the city's receipt of a notice of judgment or ruling from the Superior Court Clerk.

(Ord. No. 2865, § 2, 9-15-2015; Ord. No. 2938, § 7, 11-20-2018)

A. Cause to Deny Approvals, Entitlements, Licenses and Permits. The city may deny any city approval, entitlement, license, permit, or renewal thereof, due to the citee's nonpayment of all fines, late penalties and interest charges, as well as reinspection fees (hereafter, collectively, the "debt") that are due in connection with an uncontested citation, or with a final or confirmed citation.

1. The city's election not to exercise this remedy and to alternatively issue an approval, entitlement, license, permit, or renewal thereof does not constitute a satisfaction, discharge, or waiver of the debt. The issuance of any approval, entitlement, license or permit does not bar the city from denying the issuance of a different city approval, entitlement, license, permit, or renewal thereof, nor the election to use any other remedy to collect the debt.

B. Notice Denying an Approval Due to an Unpaid Debt. The department charged with receiving an application for a city approval, license, permit or entitlement, or renewal thereof, may, within five (5) business days after receiving an application, issue a written notice of denial to the citee and to the applicant therefor (hereafter in this section, collectively, the "citee"), stating that the application is denied for failure to pay the debt (a summary accounting for which shall be included therein). The notice shall also contain information concerning the right to appeal the denial and the time period and manner in which to do so.

C. Service of Notice. The notice issued under this section shall be served by first class mail to the citee. The date of its placement in a United States postal container shall be the date of service. Failure of the citee to receive a properly addressed notice shall not invalidate any action under this section.

D. Appeal. Notwithstanding any other provisions of the code, a citee seeking to appeal a denial pursuant to this section (hereafter the "appellant") may not challenge or contest the underlying basis for the issuance of the citation or citations that gave rise to the debt. For any other reasons to appeal a denial pursuant to this section, appellant shall file a written notice of appeal with the Office of the City Clerk, El Monte City Hall, 11333 Valley Boulevard, El Monte, CA 91731 within ten (10) calendar days of the date of service of the notice that contains the following information:

1. The full name, address and telephone number for each person filing the appeal.

2. The grounds for the appeal, including, if applicable, a completed or pending bankruptcy action whereby the debt has been discharged, or is subject to discharge.

3. A copy of the notice of denial that was issued pursuant to this section.

Payment of a fee is not required for an appeal under this section. If the office of the City Clerk does not receive a notice of appeal in the required period, the appellant shall be deemed to have waived the right to appeal the denial. The appeal procedure in this section shall supersede all other appeal procedures in the code.

The procedure outlined in this section shall be the only method of challenging a denial of a city approval, license, permit or entitlement, or renewal thereof, that was based solely on the city's contention that the citee has an outstanding debt.

E. Notice of Appeal Hearing. Upon receipt of a timely notice of appeal, the office of the City Clerk shall issue a notice of hearing before the hearing officer, via first class mail to the appellant at the address shown in the application. An appeal hearing shall be set within sixty (60) calendar days of receipt of the notice of appeal.

1. The date the notice of hearing is deposited in a United States postal container shall constitute the date of service.

2. The notice shall include the date, time, and location of the hearing, which must be no sooner than ten (10) calendar, days after the date of service of the notice of hearing.

3. The failure of an appellant to receive a properly addressed notice of hearing shall not invalidate any action under this section.

F. Administrative Appeal Hearing—Procedure.

1. At the place and time set forth in the notice of hearing, the hearing officer shall hear and consider the testimony of the appellant(s) and/or their witnesses, and of the representative, if present, of the department that issued the denial of the application, as well as any documentary evidence presented by these persons concerning the denial of the application.

2. This administrative hearing is informal, and formal rules of evidence and discovery do not apply. The appellant bears the burden of proving he/she/it is not the citee that owes the debt, or that the entire debt has been paid to the city, or that the debt has been discharged in a bankruptcy action, or is subject to discharge in a pending bankruptcy action. The appellant(s), and department representative, 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.

3. Failure of the appellant, or a representative thereof, to attend the hearing shall result in the hearing officer canceling the hearing and sending a notice thereof to the appellant by first class mail to the address stated in the appeal form. A cancellation of a hearing due to nonappearance of the appellant shall constitute the appellant's waiver of the right to appeal. In such instances, the denial of the application shall be deemed final, without right of appeal to the City Council.

4. Hearings may be continued once at the request of the appellant or the department who issued the denial of application. The hearing officer may also continue the hearing for cause.

G. Decision of Hearing Officer—Notice Thereof.

1. The hearing officer shall consider the evidence and testimony in reaching a decision, but shall not consider testimony or evidence that constitutes a challenge to the underlying basis for the issuance of a citation or citations that gave rise to the debt in rendering a decision.

2. The hearing officer shall affirm the denial of application if he or she determines the appellant is the citee with regard to the unpaid citation(s), and the entire debt has not been paid to the city.

3. The hearing officer shall overrule the denial of application if he or she determines: (a) the appellant is not the citee with regard to the unpaid citation(s); or (b) the entire debt has been paid to the city; or (c) the debt has been discharged, or is subject to discharge in a pending bankruptcy action, as established with satisfactory evidence of the appellant at the appeal hearing.

4. The appellant shall be served by first class mail with a copy of the hearing officer's written decision.

5. The decision shall be deemed final, without right of appeal to the City Council.

A decision by a hearing officer to grant an appeal (i.e., to overturn the denial of a city approval, entitlement, license, permit, or renewal thereof) on any basis other than the debt having been paid or otherwise discharged by a bankruptcy does not constitute a satisfaction, discharge, or waiver of the debt, nor does such a decision bar the city from denying the issuance of a different city approval, entitlement, license, permit, or renewal thereof, nor the election to use any other remedy to collect the debt.

H. Effect on Existing Approvals, Entitlements, Licenses and Permits Pending Appeal. When the holder of a city approval, entitlement, license, or permit is notified in accordance with subsection B of this section that such approval, entitlement, license or permit will not be renewed unless a debt is paid, the approval, entitlement, license or permit shall remain in effect during the pendency of the appeal process described in subsections F and G of this section. When an approval, entitlement, license or permit is found to be eligible for renewal, through the appeal process, it shall remain in effect until the renewal is issued. When an approval, entitlement, license or permit is found to be ineligible for renewal, through the appeal process, it shall expire at such time as the holder has exhausted or failed to exhaust the appeal procedures described in this section.

(Ord. No. 2865, § 2, 9-15-2015)

Failure of a citee to comply with a corrective action within the time 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, or with regard to a correction order appealed to and upheld by the superior court, shall constitute a misdemeanor. A citee's willful nonpayment of administrative fines, late penalty charges, interest charges, other investigative fees, attorney's fees, or reinspection fees shall constitute a misdemeanor.

(Ord. No. 2865, § 2, 9-15-2015)