Hesperia Municipal Code Art. VI Administrative Enforcement Procedures

A. Pursuant to California Government Code Section 53069.4, every code violation and public nuisance is hereby subject to an administrative fine, the collection of enforcement and abatement costs and, if applicable, an abatement order. The provisions of this chapter shall govern the imposition, enforcement, collection and administrative review by the city of such fines, costs and orders.

B. The amount of the fine for code violations or public nuisances imposed pursuant to this chapter shall be set forth in a schedule of fines established by resolution of the city council. The schedule of fines shall specify increased fines for repeat violations of the same code section by the same person within five years of the date of the administrative citation and the amount of any late payment charges imposed for the payment of a fine after its due date.

C. Any person who fails to pay to the city any fine or enforcement cost imposed pursuant to the provisions of this section on or before the date the fine and enforcement cost is due shall also be liable for the payment of any applicable late payment charges set forth in the schedule of administrative citation fines.

D. Payment of any administrative fine imposed hereunder shall not excuse or discharge any continuation or repeated occurrence of the code violation or public nuisance that is the subject of the administrative citation.

E. If an enforcement officer has issued a notice of public nuisance to a responsible person and the corrective or abatement work specified in the notice has not been completed within the time stated therein, the city may commence an administrative proceeding pursuant to this article against the responsible person to impose and collect the administrative fine and the enforcement costs and any abatement costs and to issue, if applicable, an abatement order.

(Ord. 2001-6 Exh. A (part), 2001)

A. The city may commence an administrative proceeding by issuing an administrative citation to the responsible party pertaining to one or more code violations or public nuisances. Administrative citations shall be issued by enforcement officers.

B. Each administrative citation shall contain the following information:

1. The date of the code violation(s) or public nuisance(s);

2. The address or a definite description of the location where the code violation(s) or public nuisance(s) occurred;

3. The section(s) of the code allegedly violated and a description of the code violation(s) or public nuisance(s);

4. The amount of each fine for each of the violation(s);

5. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

6. An order prohibiting the continuation or repeated occurrence of the code violation or public nuisance described in the administrative citation;

7. A description of the administrative citation appeal process, including the time within which the administrative citation may be contested and the place from which an appeal may be obtained;

8. If applicable, a notice that the city intends to hold a hearing on the issuance of an abatement order to permit the city to enter onto the real property or into buildings, dwellings or structures for the purpose of correcting the code violation or abating the public nuisance. The notice shall also state the date, time and place of the hearing, and advise the responsible party that he has an opportunity to appear and be heard at this hearing; and

9. The name and signature of the citing enforcement officer.

C. Each administrative citation shall be accompanied by an itemized statement and invoice of the enforcement costs incurred to the date of the citation. The statement shall include a notation that additional enforcement costs and any abatement costs may be added to the statement and subsequently invoiced in the event the code violation or public nuisance is not forthwith corrected or abated. Each invoice for enforcement fees shall be in the form as on file in the city clerk's office.

D. Administrative citations and accompanying enforcement cost statements shall be served to the responsible person in accordance with Section 1.12.110 of this chapter. Failure to receive notice does not affect the validity of the proceedings.

(Ord. 2001-6 Exh. A (part), 2001)

A. Where the code violation or public nuisance is not of a continuing nature or does not lend itself to abatement by the city, then the city, in its discretion, may pursue the procedure provided in this section to impose, enforce and collect the fine and enforcement costs.

B. The responsible person cited shall have thirty (30) days from the date of the administrative citation to pay the amount of the fine and enforcement costs to the city.

C. The responsible person cited may contest issuance of the citation or issuance of a notice of public nuisance by filing a notice of contest or appeal with the city clerk in accordance with the city's policy within fifteen (15) days from the date of the administrative citation or notice of public nuisance, together with the filing fee as adopted by resolution of the city council. Contest hearings shall be conducted by the administrative board or hearing officer pursuant to section D below. The contest hearing shall be held not less than fifteen (15) days and not more than sixty (60) days from the date the notice of contest is filed, unless extended by agreement with the contesting party; provided, however, that no hearing to contest an administrative citation or notice of public nuisance shall be held unless the filing fee has been deposited in advance.

D. Where the code violation or public nuisance is related to the application of building standards as set forth in California Building Code Section 1.8.8 as may be amended from time to time, the contest hearing shall be forwarded to the administrative board for consideration. A hearing officer shall hear all other contest hearings.

E. The city shall provide the responsible person with written notice of the time and place of the contest hearing at least ten (10) days prior to the date of the hearing. If the enforcement officer submits an additional written report to the administrative board or hearing officer for consideration at the hearing, a copy of the report shall be served on the responsible person with the notice of hearing.

F. The responsible person's failure to appear at the contest hearing shall constitute a forfeiture of any deposited amounts and be deemed a failure to exhaust the responsible person's administrative remedies. In such event, the full amount of the enforcement costs and fine shall be due immediately and the administrative citation shall be deemed a final administrative order for the purpose of California Government Code Section 53069.4. The final administrative order shall be served on the responsible person by mailing a copy of the order by certified mail postage prepaid to the responsible person at his last known address.

G. The administrative board or hearing officer shall hear, receive and consider testimony and documentary evidence regarding the alleged code violation or public nuisance. The administrative citation or notice of public nuisance and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. The contesting responsible person shall be given the opportunity to testify at the hearing and to present documentary evidence concerning the administrative citation or notice of public nuisance, and to cross-examine the citing enforcement officer. The contesting responsible person may be subject to additional questioning by the administrative board or hearing officer, and any city legal representative. The hearing shall not be subject to the formal rules of evidence or discovery. The administrative board or hearing officer may continue the hearing and request additional information from the enforcement officer or the responsible party prior to issuing a final administrative decision.

H. After considering all of the testimony and evidence submitted at the contest hearing, the administrative board or hearing officer shall issue a written decision, based upon a preponderance of the evidence standard, whether to uphold, modify, or cancel the administrative citation or notice of public nuisance as provided in subsection I. The amount of any fee and the amount of the enforcement costs and shall be listed in the decision along with the reason for the decision(s) made. The written decision shall be deemed a final administrative order for the purpose of California Government Code Section 53069.4. The final administrative order shall be served on the responsible person by mailing a copy of the order by certified mail, postage prepaid, to the responsible person at his last known address.

I. If the administrative board or hearing officer determines after the hearing that there was no code violation or public nuisance in existence at the time the notice was issued, or that the interpretation of the applicable building standard has been determined incorrectly, as charged in the administrative citation or notice of public nuisance or that the amount of the fine or enforcement cost should be reduced, then the city shall amend the citation or notice to conform with the order to the administrative board or hearing officer decision.

J. The city may collect any past due administrative citation fines, enforcement costs, and late payment charges by use of all available legal means, including the use of the lien procedures provided for under Article VIII of this chapter.

(Ord. 2001-6 Exh. A (part), 2001)

(Ord. No. 2018-05, § 2(Exh. B), 6-19-18; Ord. of 2019-09, § 3(Exh. B), 9-3-19)

A. Where the code violation or public nuisance is of a continuing or persistent nature or presents a significant threat or risk to the public health, safety and welfare, the city, in its discretion, may pursue the procedure provided in this section to impose, enforce and collect the fines, enforcement and abatement costs and to obtain an abatement order.

B. The administrative citation shall provide the responsible person with written notice that the city intends to hold a hearing concerning the imposition of an administrative fine and enforcement and abatement cost and the granting of an abatement order permitting the city to enter onto the real property or into the buildings or structures involved for the purpose of correcting the code violation or abating the nuisance. The notice shall specify the date, time and place of the hearing. The abatement hearing shall be conducted by the hearing board. The abatement hearing shall be held not less than fifteen (15) days and not more than sixty (60) days from the date of the administrative citation.

C. At least ten days prior to the abatement hearing, the city shall provide the responsible person with any written report issued by the enforcement officer concerning the code violation or public nuisance along with the proposed scope of the abatement order.

D. The hearing board shall hear, receive and consider testimony and documentary evidence regarding the alleged code violation or public nuisance and the necessary scope of the abatement order. The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. The responsible person shall be given the opportunity to testify at the hearing, to present evidence concerning the administrative citation and to cross-examine the citing enforcement officer. The hearing shall not be subject to the formal rules of evidence or discovery. The hearing board may continue the hearing and request additional information from the enforcement officer or the responsible party prior to issuing a final administrative decision.

E. After considering all of the testimony and evidence submitted at the abatement hearing, the hearing board shall issue a written order to uphold or cancel the administrative citation, fine and abatement order, determine the amount of the enforcement cost and likely abatement cost and list in the decision the reason for that decision. The hearing board shall also determine and state the scope of the abatement order. The written decision of the hearing board shall be deemed a final administrative order for the purpose of California Government Code Section 53069.4. The final administrative order shall be served on the responsible person by posting the order in a conspicuous place on the property and by mailing a copy of the order to the responsible party by certified mail, postage prepaid, at his last known address.

F. If the hearing board determines after the hearing that the person charged in the administrative citation was not responsible for the code violation or public nuisance or that there was no code violation or public nuisance as charged in the administrative citation, then the citation shall be canceled. The hearing board shall also have the authority to reduce fines or enforcement fees based on the facts submitted at the hearing.

G. If, within thirty (30) days from the date of mailing of the hearing board's final administrative order to the responsible person, the code violation or public nuisance has not been corrected or abated and the fine and enforcement costs (exclusive of likely abatement costs) have not been paid to the city, then the city shall be authorized to enter onto the real property or into the buildings, dwellings or structures for the purpose of correcting the code violation or abating the nuisance. In carrying out the correction or abatement under the order, the city may take such actions, including, but not limited to, repair, rehabilitation, demolition, clearing, grubbing, grading, trenching, building, constructing and other work as may be reasonably necessary to complete the correction or abatement.

H. After the city has acted upon an abatement order, the enforcement officer shall prepare an itemized statement and invoice of the actual abatement costs incurred by the city. The statement shall be mailed to the responsible party by certified mail, postage prepaid, to his last known address. The responsible party shall be obligated to pay the abatement costs unless the responsible party files an appeal of the costs with the city clerk within fifteen (15) days of the mailing of the statement. The appeal shall be heard by the hearing board and shall proceed in the same manner as a contest hearing under Section 1.12.290 provided that the hearing board shall have no authority to consider or rescind the administrative citation, the abatement order, the fine or enforcement costs during this appeal.

I. The city may collect any past due administrative citation fines, enforcement fees and late payment charges by use of all available legal means, including the use of the lien procedures provided for under Article VIII of this chapter.

(Ord. 2001-6 Exh. A (part), 2001)

In the event that the responsible person corrects the code violation or abates the public nuisance in accordance with the administrative citation or abatement order prior to the expiration of the abatement period set forth therein, then the proceedings shall be terminated upon the city's inspection and confirmation that compliance with the applicable codes and ordinances has occurred. Such action shall not affect the right of the city to claim or recover unpaid enforcement costs as provided for in this chapter.

(Ord. 2001-6 Exh. A (part), 2001)

A. The city council advisory committee (hereinafter, "Committee") shall have no power or authority to bind or obligate the city or any officer or department thereof for any money, debt, undertaking or obligation of any kind in excess of the appropriations, which the city council may have made for the purpose of the committee in any fiscal year.

B. The committee shall have no power or authority to bind or obligate the city or any officer or department thereof for any money, debt, undertaking or obligation of any kind in excess of the appropriations which the city council may have made for the purpose of the committee in any fiscal year.

C. Except as otherwise provided in this chapter or by law, the committee shall have power to and shall provide for its own organization, adopt rules and regulations for the transaction of business before it, keep proper records of its official acts and proceedings, and designate the time and place for the regular meetings of the committee.

(Ord. 2001-6 Exh. A (part), 2001)

(Ord. No. 2018-05, § 2(Exh. B), 6-19-18; Ord. of 2019-09, § 3(Exh. B), 9-3-19)