Hemet Municipal Code Div. 7 Administrative Civil Penalties

(a) This division governs the administrative assessment of civil penalties for violations of the Hemet Municipal Code and applicable state codes.

(b) The city council finds that there is a need for alternative methods of enforcement of the Hemet Municipal Code and applicable state codes. The city council further finds that the assessment of civil penalties through an administrative hearing procedure for code violations is a necessary alternative method of code enforcement. The administrative assessment of civil penalties established in this division is in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of the Hemet Municipal Code or applicable state codes.

(c) Any person violating any provision of the Hemet Municipal Code or applicable state code may be subject to the assessment of civil penalties pursuant to the administrative procedures provided in this division.

(d) Each and every day a violation of any provision of the Hemet Municipal Code or applicable state code exists constitutes a separate and distinct violation.

(e) Civil penalties may be directly assessed by means of a notice and order issued by the enforcement official or affirmed by an enforcement hearing officer. Civil penalties may be recovered as authorized by division 13 or subsequent legal action brought by the city attorney.

(f) Civil penalties for violations of any provision of the Hemet Municipal Code or applicable state codes shall be assessed at a daily rate determined by the enforcement official or enforcement hearing officer pursuant to the criteria listed in this division. The maximum rate shall be $2,500.00 per violation.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

(a) Whenever an enforcement official determines that a violation of one or more provisions of the Hemet Municipal Code or applicable state code has occurred or continues to exist, a written civil penalty notice and order may be issued to the responsible person.

(b) The notice and order shall refer to each code section violated and describe how each section is or has been violated.

(c) The notice and order shall refer to the dates and locations of the violations.

(d) The notice and order shall describe all remedial action required to permanently correct outstanding violations and establish a time frame for completion.

(e) The notice and order shall establish a daily amount of civil penalties. The enforcement official shall determine the daily amount of civil penalties pursuant to the criteria in section 1-72 of this division.

(f) The notice and order shall identify a date when the civil penalties began to accrue and a date when the assessment of civil penalties will end, unless the violation is continuous. In the case of a continuous violation, there shall be an ongoing assessment of penalties at the daily rate established in the notice and order until the violations are corrected.

(g) If an enforcement official determines that the violations are continuing, the notice and order shall demand that the responsible person cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate city departments.

(h) The notice and order shall enumerate any other consequences should the responsible person fail to comply with the terms and deadlines, as prescribed in the notice and order.

(i) The notice and order shall identify appropriate hearing procedures.

(j) The notice and order shall be served upon the responsible person by any one of the methods of service listed in division 3.

(k) The notice and order shall identify the factors used by an enforcement official in determining the duration and the daily amount of civil penalties.

(l) More than one notice and order may be issued against the same responsible person if it encompasses either different dates or different violations.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

(a) In determining the date when civil penalties start to accrue, an enforcement official may consider the date when the enforcing department first discovered the violations as evidenced by the issuance of a notice of violation or any other written correspondence advising the responsible person of the existence of a violation.

(b) The assessment of civil penalties shall end when all action required by the notice and order has been completed.

(c) In determining the amount of the civil penalty to be assessed on a daily rate, an enforcement official may consider some or all of the following factors:

(1) The duration of the violation.

(2) The frequency or recurrence of the violation.

(3) The seriousness of the violation.

(4) The history of the violation.

(5) The responsible person's conduct after issuance of the notice and order.

(6) The good faith effort by the responsible person to comply.

(7) The economic impact of the penalty on the responsible person.

(8) The impact of the violation upon the community.

(9) Any other factors that justice may require.

(d) The city manager has the authority to establish a penalty schedule for an enforcement official to use as a guideline in determining the amount of civil penalties depending on the nature of the case. The city manager shall also establish procedures for the use of this penalty schedule.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

An enforcement official or enforcement hearing officer is authorized to assess any reasonable administrative costs. Administrative costs may include the costs of scheduling and processing the hearing and all subsequent actions.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

An appeal of an administrative civil penalty shall follow the procedures set forth in divisions 11 and 12.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

An enforcement official shall request an enforcement hearing officer to establish a date, time and place for the civil penalties hearing in accordance with divisions 11 and 12 when the responsible person fails to comply with the terms of the notice and order. Failure to comply includes failure to pay the assessed civil penalties, failure to commence and complete corrections by the established deadlines or failure to refrain from continuing violations of the Hemet Municipal Code or applicable state codes.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

(a) The procedures for the civil penalties hearing are the same as the hearing procedures set forth in divisions 11 and 12.

(b) The enforcement hearing officer shall only consider evidence that is relevant to the following issues:

(1) Whether the responsible person has caused or maintained a violation of the Hemet Municipal Code or applicable state code that existed on the dates specified in the notice and order; and

(2) Whether the amount of civil penalties assessed by the enforcement official pursuant to the procedures and criteria outlined in section 1-72 was reasonable.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

(a) Once all evidence and testimony are completed, the enforcement hearing officer shall issue an administrative enforcement order which affirms or rejects the enforcement official's notice and order or which modifies the daily rate or duration of the civil penalties. The enforcement hearing officer may increase or decrease the total amount of civil penalties and costs that are assessed by the enforcement official's notice and order.

(b) The enforcement hearing officer may issue an administrative enforcement order that requires the responsible person to cease from violating the Hemet Municipal Code or applicable state codes and to make necessary corrections.

(c) As part of the administrative enforcement order, the enforcement hearing officer may establish specific deadlines for the payment of civil penalties and costs and condition the total or partial assessment of civil penalties on the responsible person's ability to complete compliance by specified deadlines.

(d) The enforcement hearing officer may issue an administrative enforcement order which imposes additional civil penalties that will continue to be assessed until the responsible person complies with the hearing officer's decision and corrects the violation.

(e) The enforcement hearing officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative enforcement order.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

(a) Upon the failure of the responsible person to comply with the terms and deadlines set forth in the administrative enforcement order, the enforcement official may use all appropriate legal means to recover the civil penalties, administrative costs and obtain compliance with the administrative enforcement order.

(b) After the enforcement hearing officer issues an administrative enforcement order, the enforcement official shall monitor the violations and determine compliance.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)

Administrative civil penalties collected pursuant to this division shall be deposited in the code enforcement civil penalties fund established pursuant to division 16.

(Ord. No. 1989, § 1(Exh. A), 1-11-22)