Hawaiian Gardens Municipal Code Ch. 1.13 Administrative Citations

A. 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 Hawaiian Gardens Municipal Code. By adopting this chapter, the City does not intend to limit its discretion or ability to utilize any criminal, civil or other remedies, or any combination thereof, to address any violations of the City's laws.

B. This chapter makes any violation of the provisions of the Hawaiian Gardens Municipal Code subject to civil fines.

C. This chapter establishes the administrative procedures for the imposition, enforcement, collection and administrative review of civil fines pursuant to Government Code Section 53069.4.

D. An administrative fine shall be imposed by means of an administrative citation issued by an enforcement officer and shall be paid directly to the City of Hawaiian Gardens. Payment of a fine shall not excuse a failure to correct a violation nor shall it bar further enforcement action by the City.

(Ord. 501 § 3, 2004)

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

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 Hawaiian Gardens, California.

Civil fine is the monetary sanction established by resolution of the City Council that is imposed by a citation.

Code means and includes:

(1) The entire Hawaiian Gardens Municipal Code and all Los Angeles County and State codes incorporated therein by adoption or reference;

(2) Any uncodified ordinance adopted by the Hawaiian Gardens City Council; and

(3) All other State laws applicable to the City of Hawaiian Gardens.

Director means the Director of the Planning and Community Development Department of the City of Hawaiian Gardens or his/her designee.

Enforcement officer means any officer, agent or employee of the City designated by the City Administrator to have the authority and responsibility to enforce certain provisions of this Code, as identified in Section 1.12.050(C) of this Code. This official may also be referred to as an "officer."

Hearing officer means a person, agency or body designated by the City to consider all timely requests for an administrative hearing upon issuance of a citation.

Notice of violation means a written notice to a responsible person that a violation of this Code has occurred. This notice may include a warning that an administrative citation assessing fines may be issued unless the violation is terminated or abated.

Owner means and includes 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 identified as owners on the last equalized assessment roll of the Los Angeles County Assessor's Office. An owner of personal property or animals shall be any person who has legal title, charge, control or possession of, or responsibility for, property. An owner may include an agent, manager or representative thereof.

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. "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. "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.

Responsible person means any person, whether as an owner, or otherwise, that allows, causes, creates, maintains, or permits a violation of the Code to exist or continue, by any act or the omission of any act or duty.

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. 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. 501 § 3, 2004)

This chapter provides for imposition of a civil fine pursuant to a citation for any violation of the Code, as well as for a breach or violation of any condition of a permit, approval or license issued pursuant to the Code. This remedy may be utilized in place of, or in addition to, any other remedy allowed by the Code or State law. The Director or designees thereof, shall have sole discretion to utilize any remedy or remedies as authorized by law.

(Ord. 501 § 3, 2004)

A. When an enforcement officer determines that a responsible person has committed a violation of the Code, the officer may first issue a notice of violation. The officer may then issue a citation if complete abatement of the violation does not occur in a reasonable period as required by the officer in the notice. The Community Development Director, or a designee thereof, may give a responsible person an extension under a notice of violation if substantial progress, as determined by the City, is made in abating the violation in the period stated in the notice, or when the City determines that mitigating or extenuating factors are present that merit an extension of a correction period in a notice of violation.

B. The enforcement officer may, notwithstanding the foregoing subpart, elect to issue a citation without a prior notice of violation if the responsible person is a chronic or repeat offender of the Code, or when the violation is transient in nature, or when the violation presents an immediate danger to health or safety, or is otherwise a serious or substantial detriment to public welfare.

(Ord. 501 § 3, 2004)

A. Whenever an enforcement officer determines that a violation of the Code has occurred, the officer may issue a citation on a form approved by the City attorney imposing a civil fine or fines to the responsible person(s) in accordance with the provision of this chapter.

B. When the violation pertains to building, plumbing, electrical or other similar structural or zoning issues that creates an immediate danger to health or safety, a citation may be issued forthwith. In the absence of an immediate danger, a citation for such a violation 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.

C. An enforcement 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 that a prohibited condition, use or activity under the Code is committed, continued or permitted, shall be a separate violation for which a citation may be issued. A citation may charge several violations of the Code.

E. Each citation shall contain the following information:

1. Name and mailing address of the responsible person;

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

3. The date of commission of the violation(s) or detection thereof by an enforcement officer;

4. The Code section(s) violated;

5. A description of the violation(s);

6. Amount of the fine for each violation, and the procedure and place to pay the fine(s), and any late 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 citation review process and the manner by which a hearing on a citation may be obtained (including the form to be used and the period in which a request must be made in order to be timely);

9. The name and signature of the officer, and the signature of the citee, if he/she is physically present and will 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;

10. Any other information deemed necessary by the Director.

(Ord. 501 § 3, 2004)

A. A citation may be served either by personal delivery to the citee or by first class mail through the United States Postal Service. If served by first class mail, the citation shall be sealed in an envelope with postage prepaid and addressed to the citee at his/her last-known business or residence address as the same appears in public records of the City. Service by mail shall be deemed to have been completed on the date of deposit with the United States Postal Service. The date of personal service or the date a citation is deposited with the U.S. Postal Service shall constitute the issuance date of a citation.

B. 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/her last-known business or residence address as the same appears in public records of the City. 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.

C. 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 on such real property in the City in which the citee is known to have a legal interest in, or possession, dominion and control of, such property, or a portion thereof. The date of posting shall constitute the issuance date of a citation.

D. 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.

E. Failure of a citee to receive a citation or notice by mail, shall not invalidate any fine, late charge, action or proceeding, if service was given in a manner stated in this section.

(Ord. 501 § 3, 2004)

A. The amounts of the fines 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 in a 12-month period that are classified as misdemeanors under the Code. The amounts of fines may be modified from time to time by a resolution of the City Council.

B. If a violation is classified as an infraction under the Code, the civil fine shall not exceed $100.00 for a first offense, $200.00 for a second offense within one year, and $300.00 for a third offense within one year as set forth in Section 25132(b) and Section 36900(b) 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. Failure to pay a civil fine within the period required from the issuance date of a citation shall result in a late charge as established by a resolution of the City Council. The amount of a late charge may be modified from time to time by a resolution of the City Council.

D. Civil fines and any late charges 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 Director.

E. The due date for the City's receipt of a civil fine shall be 15 calendar days from the issuance date of a citation. Thereafter, a late charge shall be due and owing.

F. Payment of a civil 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.

G. Abatement of a violation shall not excuse the obligation of a citee to pay a civil fine, or any late charge.

H. Unpaid civil fine and/or late charges shall constitute a debt that may be collected in any manner allowed by law. The City shall be entitled to recover its attorney fees and costs arising from an action to collect a civil fine and/or late charge 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/her attorney fees if the City made the election to seek attorney fees at the outset of the action and the citee prevails thereon.

(Ord. 501 § 3, 2004)

A. Any citee may contest the violation(s), or that he/she is a responsible person, by filing a request for an administrative hearing with the office of the City Clerk, Hawaiian Gardens City Hall, 21815 Pioneer Blvd., Hawaiian Gardens, CA 90716. The request for an administrative hearing shall be made on a City-approved form and filed within 15 calendar days from the issuance date of a citation. If the office of the City Clerk does not receive the request in the required period, the citee shall have waived the right to a hearing and the citation shall be deemed final.

B. No fee shall be charged for the filing of a request for a hearing.

C. Requests for a hearing shall be accompanied by the entire amount of the fine stated in the citation. Failure to deposit a fine, or the tender of a nonnegotiable check in the required period, shall render a request for an administrative hearing incomplete and untimely. Fines that are deposited with the City shall not accrue interest. Fines deposited shall be returned to the person tendering the fines within 30 days in the event a citation is overturned.

D. A citee who is financially unable to deposit the civil fine with his/her request for a hearing may complete a City-approved application form for an advance deposit hardship waiver (hereafter the "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, Hawaiian Gardens City Hall, 21815 Pioneer Blvd., Hawaiian Gardens, CA 90716 within 15 calendar days from the issuance date of a citation.

E. 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 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.

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

G. The City shall issue a written decision specifying the reasons for issuing or not issuing the hardship waiver. This decision is final and nonappealable. The decision shall be served upon the person requesting the hardship waiver by first class mail.

1. Approval of a hardship waiver shall result in the City setting a hearing pursuant to subsection I. of this section.

2. If the City determines that the citee is not entitled to a hardship waiver, he/she shall tender the full amount of the civil fine to the office of the City Clerk within seven 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) a late charge shall be imposed; (ii) the request for a hearing is rendered incomplete and untimely; and (iii) the citee shall have waived the right to a hearing and the citation shall be deemed final.

H. A request for a hearing shall contain the following:

1. The citation number;

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

3. A statement of the reason(s) why a citation is being contested;

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

I. The person filing the request for a hearing shall be notified in writing by certified mail of the date, time and place set for this proceeding which shall be conducted within 60 days of the date a timely and complete request is received by the office of the City Clerk. Such notice shall be given at least ten calendar days prior to the date of the hearing. Service of this notice is deemed complete at time of mailing. The failure of a citee to receive a properly addressed notice shall not invalidate the citation or any hearing, City action or proceeding conducted pursuant to this chapter.

J. If the officer submits an additional written report concerning the citation to the office of the City Clerk for consideration at the hearing, then a copy of this report shall also be served by first class mail on the person requesting an administrative hearing no less than three calendar days prior to the date thereof. Failure to receive such report shall not invalidate the citation or any hearing, City action or proceeding conducted pursuant to this chapter.

K. 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.

(Ord. 520 § 2, 2008; Ord. 501 § 3, 2004)

A. The City Administrator shall designate or appoint a hearing officer.

B. Administrative hearings are informal and rules of evidence and discovery do not apply. The City bears the burden of proof to establish a violation and responsibility thereof by a preponderance of evidence. The citation is prima facie evidence of the violation, however, the officer who issued the citation is not required to attend or participate at the hearing. The citee(s), and officer, if present, shall have an opportunity to present evidence and to cross-examine witnesses. A citee may bring an interpreter to the hearing provided there is no expense to the City thereof. The hearing officer may question any person who presents evidence or who testifies at any hearing.

C. A citee may appear at the hearing in person or by written declaration executed under penalty of perjury. Such declaration and any documents in support thereof shall be tendered to and received by the office of the City Clerk at least three City business days prior to the hearing. If the citee fails to attend the scheduled hearing or does not submit a written declaration in a timely manner, he/she shall be deemed to have waived the right to a hearing. In such an instance, the hearing officer shall cancel the hearing and not render a decision. In such instances, the citation shall be deemed final.

D. Hearings may be continued once at the request of a citee or the officer who issued the citation. The hearing officer may also continue the hearing for cause.

(Ord. 501 § 3, 2004)

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue an administrative order at the conclusion of the hearing or within 15 days to uphold or overturn the citation and shall state the reasons thereof. 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 state deadline(s) to complete such action(s) The decision of the hearing officer shall be final. All fines become immediately due and owing to the City in the full amount and if not paid may be collected as provided in this chapter. Failure to comply with an administrative order directing the abatement of a continuing violation will result in a criminal misdemeanor complaint to be filed or other legal remedy available to gain compliance with the administrative order.

B. The citee(s) shall be served by first class mail with a copy of the administrative order. The date the decision is deposited with the U.S. Postal Service shall constitute the date of its service. The failure of a citee to receive a properly addressed decision shall not invalidate the citation or 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 20 days after the date of their service. Each decision shall contain a statement advising the citee(s) of this appeal right and the procedures and court filing fee for its exercise. A citee shall serve a copy of the court filed notice of appeal on the office of the City Clerk at Hawaiian Gardens City Hall, 21815 Pioneer Blvd., Hawaiian Gardens, CA 90716 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.

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 a responsible person prevails on appeal, the City shall reimburse his/her filing fee, as well as the fine deposit in accordance with the court judgment. These moneys shall be mailed to the responsible person within 30 calendar days of the City's receipt of a notice of judgment or ruling from the Superior Court Clerk.

(Ord. 501 § 3, 2004)

A. The City may use all available legal means to collect past due fines and other related costs.

B. Any person who fails to pay any fine shall be liable in any action or collection procedure brought by the City for all costs incurred to obtain payment of the delinquent amount, including, but not limited to, administrative costs, collection costs, and attorneys' fees.

C. Collection costs shall be in addition to any penalties, interest and late charges imposed upon the delinquent obligation.

D. Commencement of an action to collect a delinquent fine shall not preclude issuance of one or more additional citations to the legally responsible party if the violation or violations persist after the date for correcting them as stated in the administrative order.

(Ord. 501 § 3, 2004)

If the fine owed by a cited party is for one or more Municipal Code violations on the cited party's property, and the citation was issued to abate a nuisance as defined by the Municipal Code or City ordinance, and the amount has been delinquent 90 days or more, the delinquent amount shall become a lien on the property on which the violations occurred.

(Ord. 501 § 3, 2004)

The City shall give written notice to the cited party of a hearing before the City Council regarding the delinquent fine amount and related costs. The notice shall be mailed by first class mail at least 14 days before the hearing. The notice shall state:

A. The citation or citations resulting in the delinquent fine amount;

B. The total of the delinquent fine amount and related costs;

C. The date the delinquent fine amount was due;

D. The street address, assessor's parcel number and legal description of the property upon which the violations occurred;

E. The date, hour and place of the hearing;

F. A statement that the cited party or other legally responsible person may appear and be heard;

G. A statement that unless the fine amount is paid by the date specified in a resolution by the City Council, the total amount due will become a lien and special assessment on the property.

(Ord. 501 § 3, 2004)

At the lien hearing, the City Council shall hear and consider all competent evidence about the delinquent fine amount. If it finds the amount is delinquent, it shall make a finding of fact confirming that the delinquent fine amount and related costs are due the City as costs of nuisance abatement. If the delinquent amount is affirmed, the total amount due is to be paid to the City within five days, after which the amount due will become a lien on the property.

(Ord. 501 § 3, 2004)

If the amount due is not paid within five days after the City Council confirms it and orders it paid, the amount due shall constitute a lien upon the real property upon which the nuisance violations existed and shall be a special assessment against the property. The lien shall continue until the amount due and interest, computed at six percent per annum from the date of the City Council's confirmation, is paid or until it is discharged of record.

If the amount due is not paid as required by the City Council's order, a notice of lien shall be recorded in the office of the County Recorder and delivered to the County Tax Collector. The notice of lien shall substantially be in the following form:

NOTICE OF LIEN CLAIM OF THE CITY OF HAWAIIAN GARDENS

By the authority of Hawaiian Gardens Municipal Code Section 1.13.040, an administrative citation or citations were issued regarding nuisance abatement at the real property described below. Fines were assessed for the nuisance. By action of the City of Hawaiian Gardens City Council, recorded in its official minutes, the fines and related costs were confirmed as delinquent and assessed against the property as costs of nuisance abatement.

The delinquent amount was not paid, therefore the City of Hawaiian Gardens claims a lien on the real property for the costs of abatement in the amount of $_____, which shall be a lien on the real property until it is paid, with interest at the rate of 6% per annum from the _____ day of ___________, 2___ [insert the date the City Council confirmed the delinquent fines and related costs]. The lien shall continue until paid in full and discharged of record. It shall also be a personal obligation against [insert name of property owner].

The real property upon which a lien is claimed is that certain parcel of land in the City of Hawaiian Gardens, County of Los Angeles, State of California, described as follows:

[Insert legal description.]

Dated this ___ day of ___________, 2___.

City of Hawaiian Gardens

By: ___________ Community Development Director

(Ord. 501 § 3, 2004)

After the lien is confirmed and recorded, a certified copy of it shall be filed with the County Auditor. The description of the parcel reported to the Auditor shall be the one used by the County Assessor's map book for the current year. The County Auditor shall enter each assessment on the County tax roll for the reported parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes.

If delinquent, the amount is subject to the same penalties and procedure of foreclosure provided for ordinary municipal taxes. As an alternative method, the County Tax Collector, in his/her discretion, may collect the assessment without reference to the general taxes, by issuing separate bills and receipts for the assessment. Laws relating to the levy, collection and enforcement of County taxes shall apply to such special assessment.

The City may receive the amount due on the abatement costs and issue receipts at any time after the confirmation of the statement, before August 1 of that current year. The City Council may order a refund of any lien or assessment paid under this section if it finds that all or part of the assessment has been erroneously levied. An assessment or part thereof shall not be refunded unless a claim is filed with the City Clerk on or before March 1 after taxes become due and payable. The claim shall be verified by the person who pays the tax, or his/her guardian, executor, or administrator.

(Ord. 501 § 3, 2004)

A. 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, shall constitute a misdemeanor.

B. The Director may dismiss a citation at any time if a determination is made that is 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.

C. The Director is authorized to promulgate procedural rules and regulations governing the civil administrative citation and hearing process.

(Ord. 501 § 3, 2004)

If any section, subpart, sentence, clause, phrase, or portion of this chapter is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this chapter shall nonetheless remain in full force and effect. The City Council declares that it would have adopted each section, subpart, sentence, clause, phrase, or portion of this chapter, irrespective of the fact that any one or more sections, subparts, sentences, clauses, phrases or portions of this chapter be declared invalid or unenforceable.

(Ord. 501 § 3, 2004)