Hidden Hills Municipal Code Ch. 5 General Penalty

A. Misdemeanors: No person shall violate any provision, or fail to comply with any requirement, of this Code. Any person violating any provision or failing to comply with any requirement of this Code shall be guilty of a misdemeanor, unless the violation or failure to comply is expressly stated by this Code to be an infraction, or is subsequently prosecuted as an infraction in the discretion of the City Attorney or City Prosecutor, in which case such person is guilty of an infraction and shall be punished as provided in subsection B. of this Section. Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person and shall be punishable accordingly.

B. Infractions: Any person violating any provision or failing to comply with any mandatory requirement of this Code expressly stated by this Code to be an infraction shall be guilty of an infraction. Any person convicted of any infraction shall be punishable by:

1. A fine of $100.00 for a first violation;

2. A fine of $200.00 for a second violation of the same provision of this Code within one year;

3. A fine of $500.00 for each additional violation of the same provision of this Code within one year.

C. Separate Offense: Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person and shall be punishable accordingly.

(1994 Code)

In addition to the penalties hereinabove provided, any condition caused or permitted to exist or any act or activity done or caused or permitted to be done in violation of any of the provisions of this Code shall be deemed a public nuisance and may be summarily abated by the City.

(1994 Code)

Cross reference— Nuisances, Title 3, Chapter 7.

A. Notice to Appear: In any case in which a person is arrested for an offense declared by this Code to be a misdemeanor and does not demand to be taken before a magistrate, such person may, instead of being taken before a magistrate, be released according to the procedures set forth by this Section. If the arresting officer or his superior determines that the person should be released, such officer or superior shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court. If a person is not released prior to being booked and the officer in charge of the booking or his superior determines that the person should be released, such officer or superior shall prepare such written notice to appear in court.

B. Time Specified: Unless waived by the person, the time specified in the notice to appear must be at least ten days after arrest.

C. Place Specified: The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail.

D. Promise to Appear: The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, must give his written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.

E. Bail: The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate may fix the amount of bail which in his judgment, in accordance with the provisions of Section 1275 of the California Penal Code, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him in the form set forth in Section 815a of the California Penal Code. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his discretion order that no further proceedings shall be had in such case.

Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the County Treasury for distribution pursuant to Section 1463 of the California Penal Code.

F. Warrants, Failure to Appear:

1. No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law.

2. The officer shall indicate on the notice to appear whether he desires the arrested person to be booked as defined in subdivision 21 of Section 7 of the California Penal Code. In such event, the magistrate shall, before the proceedings are finally concluded, order the defendant to be booked by the arresting agency.

G. Application of this Section: A peace officer may use the written notice to appear procedure set forth in this Section for any misdemeanor offense for which the officer has arrested a person pursuant to California Penal Code Section 836 or in which he has taken custody of a person pursuant to California Penal Code Section 847.

H. Enforcement Officer: Pursuant to California Penal Code Section 836.5, the code enforcement officers of the City may make arrests, and may issue citations for misdemeanors pursuant to California Penal Code Chapter 5C (commencing with Section 853.6) and this Chapter for violations of the provisions of this Code.

I. Authority: The provisions of this Section, except subsections H. and I. hereof, have been enacted pursuant to the provisions of Section 853.6 of the California Penal Code of the State of California.

(1994 Code)

A. No application relating to property on which conditions exist that are in violation of this Code or a City resolution, and no application made by a person or entity that has committed acts in violation of this Code or a City resolution, shall be accepted as complete, processed, or approved unless and until all violations are corrected, all penalties are paid, and all amounts owing to the City are paid in full.

B. The word "application" as used in this section shall include but not be limited to applications for permits, variances, zone changes, and development permits; requests for city services and supplies; and appeals therefrom.

C. The City Council may in its discretion waive the applicability of this Section in cases of emergency or where it finds that to do so is in the interests of the public health, safety or welfare of the City.

(Ord. 270, 9-12-94)

Notwithstanding any provisions of this Code, when a person under the age of 18 years is charged with a violation of this Code, and a peace officer issues a notice to appear in Superior Court to that minor, the charge shall be deemed an infraction unless the minor requests that a petition be filed under Section 601 or 602 of the Welfare and Institutions Code. The amount of the fine imposed shall be set by the court.

(Ord. 280, 12-9-96)

A. Purpose: This section provides for administrative remedies for any violation of the Hidden Hills Municipal Code. The City's use of this section shall be at the sole discretion of the City and is one of several remedial tools and processes that the City has to address violations of the Hidden Hills Municipal Code. By adopting this section, 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 violation of the City's laws. The City Attorney/City Prosecutor, or his or her assistants, has sole discretion to determine whether a violation shall be prosecuted criminally. If a violation is not criminally prosecuted, the City may proceed with administrative proceedings pursuant to this section.

This section makes any violation of the provisions of the Hidden Hills Municipal Code subject to civil and/or administrative fines. This section establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil and administrative fines pursuant to Government Code section 53069.4.

As provided in this section, a civil and administrative fine shall be imposed by means of an administrative citation issued by an enforcement officer, and shall be paid directly to the City but it does not excuse a failure to correct a violation nor does it bar further enforcement action by the City.

The City Attorney/City Prosecutor and City Manager may promulgate procedural rules and guidelines governing the implementation of the provisions of this section.

B. Definitions: As used in this Section:

"Enforcement Officer" means any officer or employee of the City, or any employee of another public agency that is contracted to provide services to the City, and is authorized by ordinance or appointed by the City Manager or his or her designee to implement and enforce the provisions of this section.

"Hearing Officer" shall mean and include a public entity, organization, association or person, or a public official, or duly constituted reviewing authority or commission that is designated by the City Manager pursuant to the standards contained in subsection J of this section.

"Owner" means the record owner of a parcel according to the County's latest equalized property tax assessment roll.

"Person" means and includes a natural person or legal entity, and the owners, majority stock- holders, corporate officers, trustee and general partners of a legal entity.

"Responsible person" means any natural person, business, organization, corporation, or Other entity determined by a citing official to be responsible for causing, maintaining, permitting, or allowing a violation of this code. "Responsible person" includes but is not limited to any person, business, organization, corporation, or other entity having an ownership or possessory interest in property, or any agent thereof with actual or apparent authority, possession, or control of property, as well as any other person, business, organization, corporation or other entity that creates, permits, or allows a violation of this code to occur or be maintained.

C. Issuance of Administrative Citation:

1. Any person violating any provision of the Hidden Hills Municipal Code, may be issued an administrative citation by an enforcement officer as provided in this section.

2. An administrative citation shall be preceded by a written warning from the enforcement officer and shall allow a reasonable period of time, which shall be included in the written warning, but no more than 21 days unless the enforcement officer determines that some longer period of time is reasonably warranted and/or necessary under the circumstances, for a responsible person to correct or otherwise remedy a continuing violation prior to the imposition of administrative fines or penalties, when such continuing violation pertains to building, plumbing, electrical or other similar structural or zoning issues that do not create an immediate danger to health and safety.

3. Each and every day a violation of this code exists shall be a separate and distinct violation and may be subject to a separate fine or penalty. An administrative citation may charge a violation for one or more days on which a violation exists and for violation of one or more code sections.

D. Contents of Administrative Citation: An administrative citation shall be on a form approved by the City Manager and shall contain all of the following information:

1. Name of the responsible person;

2. Date, time, and address, or definite description, of the location where the violation(s) was observed;

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

4. A description of the action required to correct the violation(s) or condition(s);

5. An order prohibiting the continuation or repeated occurrence of the violation(s) described in the administrative citation;

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

7. An explanation of how the fine shall be paid and the time period by which it shall be paid, including the time period, determined by the enforcement officer, of the reasonable time within which the responsible person may correct the violation without being subject to a fine, pursuant to Subsection A of this section;

8. Notification of the right to appeal, including the time within which the administrative citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;

9. The name and signature of the enforcement officer;

10. Date the citation was issued; and

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

E. Service Procedures: An administrative citation may be issued to the responsible person by an enforcement officer using any of the following methods:

1. Personal Service. The enforcement officer may issue the administrative citation by personal delivery to a responsible person. The enforcement officer shall make a reasonable attempt to obtain the signature of the responsible person on the administrative citation. If the responsible person refuses to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.

2. Mail. The enforcement officer may mail the administrative citation to the responsible person by certified mail, return receipt requested and by regular, first class mail addressed to the last known business or residence address as shown on public records, unless otherwise known by the City. Service by mail shall be deemed effective as of the date of deposit in the U.S. mail.

3. Service of Citation by Posting. If service cannot be accomplished by personal service, or by mail, the enforcement officer shall post the administrative citation on any real property within the City in which the responsible person is known to have a legal interest or possession of the property or portion thereof. The date of posting shall constitute the issuance date of the administrative citation.

F. Administrative Citation Fines and Payments:

1. The amount of fine for a violation imposed pursuant to this Section shall be established by resolution of the City Council.

2. The fine shall be paid to the City within 30 days from the date of service of the administrative citation.

3. A late payment fee shall be charged in an amount to be established by resolution of the City Council, if the fine is not paid within the time prescribed herein.

4. If, after a hearing requested pursuant to Subsection F the hearing officer determines that the administrative citation should be cancelled, the fine shall be promptly refunded.

5. Payment of a fine under this section shall not excuse or discharge the responsible person from the duty to immediately abate the violation, nor from any other responsibility or legal consequences for a continuation or repeated occurrence of any violation that is subject to an administrative citation, nor shall it bar further enforcement action by the City.

6. Abatement of a violation shall not excuse the obligation of the responsible party to pay a fine, or any late charge imposed on the untimely payment of the fine.

G. Request for Administrative Hearing:

1. Any responsible person to whom an administrative citation is issued may contest the citation by completing a request for hearing form, and returning it to the City Clerk within 15 days from the date of service of the administrative citation, together with an advanced deposit of the fine or a hardship waiver pursuant to Subsection H. If the deadline to request an appeal hearing falls on a weekend or City holiday, then the deadline shall be extended until 5:00 p.m. on the next regular business day.

2. A hearing before the hearing officer shall be set for a date that is not less than 15 or more than 60 days from the date the request for hearing is filed in accordance with the provisions of this Section. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.

H. Hardship Waiver:

1. Any recipient of an administrative citation who requests an appeal hearing and is financially unable to deposit the required fine may file a request with the for a hardship waiver of the advance deposit requirement.

2. Requests for hardship waivers shall be filed with the request for an appeal hearing. The request shall be accompanied with a sworn affidavit, together with any supporting documents or materials demonstrating to the satisfaction of the City the person's actual financial inability to deposit the fine in advance of the appeal hearing.

3. The City Manager shall either grant or deny the request for a waiver within ten days of receipt of such request. If the City Manager denies the request for a waiver, he/she shall issue a written determination on the person requesting the hardship waiver. The decision of the City Manager shall be final.

4. If the request for a hardship waiver is denied, the fine shall be deposited with the City within ten days of the denial or 30 days from the date of the administrative citation, whichever is later.

5. If the request for a hardship waiver is granted, but the administrative citation is upheld by the Hearing Officer, the fine must be paid within ten days of the issuance of the hearing officer's decision.

I. Administrative Hearing Procedure:

1. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case. The hearing need not be conducted according to technical rules relating to evidence and witnesses, except as hereinafter provided. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The administrative citation and any additional reports submitted by the enforcement officer shall constitute prima facie evidence of the facts contained in those documents. In the discretion of the hearing officer, the evidence submitted in the hearing before the hearing officer may be either in the form of written declarations or by way of oral testimony. The enforcement officer who issued the citation is not required to attend or participate. All written declarations shall be made under penalty of perjury in compliance with Section 2015.5 of the California Code of Civil Procedure. The responsible person may bring an interpreter to the hearing provided there is no expense to the City therefor. The evidentiary standard to be used by the hearing officer in finding a violation of the Municipal Code or of any fact at issue in the hearing is the preponderance of evidence standard.

2. No hearing to contest an administrative citation shall be held unless and until a request for hearing form has been completed and filed and the fine has been deposited.

3. At least ten days prior to the hearing, the recipient of an administrative citation shall be provided with copies of any and all citations, reports, and other documents submitted or relied upon by the enforcement officer.

4. If the responsible person fails to attend the administrative hearing, the hearing will proceed without the responsible person, and the responsible person will be deemed to have waived the right to an administrative hearing and any further appeals as set forth in this Section.

5. The hearing officer may continue the hearing and request additional information from the enforcement officer or the responsible person prior to issuing a written decision.

J. Appointment of Administrative Hearing Officer: The City Manager or designee shall establish procedures for the selection of the hearing officer. Hearing officers shall be selected in a manner that avoids the potential for pecuniary or other bias. In no event shall the hearing officer be the enforcement officer. Compensation, if any, of the hearing officer shall be paid by the City. Compensation shall not be directly or indirectly conditioned upon whether or not administrative citations are upheld by the hearing officer.

K. Hearing Officer's Decision:

1. No later than 20 days after the date on which the administrative hearing concludes, the hearing officer shall issue a written decision. The decision shall set forth the reasons for the decision along with notice of the right to appeal pursuant to Subsection N. of this Section.

2. If the hearing officer upholds the administrative citation, the City shall retain the fine deposited by the responsible person.

3. If the hearing officer cancels the administrative citation, any fine deposited with the City shall be refunded within 30 days.

4. The hearing officer's written decision shall be served by first class mail and shall be deemed to be served on the date the decision is deposited with the United States Postal Service.

5. The hearing officer's decision shall be final.

L. Collection of Unpaid Fines—Lien Procedure:

1. If the responsible person fails to satisfy in full the assessed fines by the time specified in the hearing officer's decision, and no timely appeal of the hearing officer's decision has been filed with the Los Angeles Superior Court, the City may recover the outstanding fines by imposing a lien against the real property on which the violation occurred.

2. Prior to the recording of the lien with the Los Angeles County Recorder's office, the City Council shall conduct a hearing to hear any protest or objection to the lien. The enforcement officer shall serve notice of the hearing upon the owner of record of the real property based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of hearing shall include the time, date, and place of the hearing and shall be served upon the owner of record by regular mail in accordance with this Section at least ten days before the date of the hearing.

3. If the City Council determines that the lien should be imposed, the responsible person will have 45 days to satisfy the assessed administrative fines in full. If after that time the assessed administrative fines are not paid in full, the enforcement officer shall then prepare and file with the City Clerk a report stating the amount due and owing. The fines, in addition to applicable processing costs as set by the City Council, shall become a special assessment against the property and placed on the regular tax rolls for collection in the same manner as ad valorem tax without further hearing.

4. After the report is filed with the City Clerk, the enforcement officer may cause the lien to be recorded with the County Recorder. Once recorded, the lien shall have the force and effect and priority of a judgment lien governed by the provision of Section 697.340 of the Code of Civil Procedure, or its successor, and may be extended as provided in Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure or their successors.

5. The remedies set forth in this section are not exclusive and may be used in addition to those set forth elsewhere in this code or by law. The City may collect any past-due fines and costs by use of any available legal means.

M. Collection of Unpaid Fines:

1. The City at its discretion may pursue any and all legal and equitable remedies, to which the City may be entitled, for the collection of unpaid fines and penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies.

2. Any responsible person who has unpaid and/or delinquent fines, may be refused the issuance of a land use approval, or other City approval pertaining to the property, real or personal, that is the subject of the citation issued pursuant to this Section.

3. Any fine required by the provisions of this Section shall be paid or deposited with the Finance Department or a designee.

4. Administrative fines shall be a debt to the City and subject to all remedies for debt collection as allowed by law.

5. Administrative fines that are not associated with real property and unpaid within the prescribed time may be recorded with the Los Angeles County Recorder's office as an unsecured lien against the name of the violator and/or with the California Franchise Tax Board "Inter-Agency Off- set Program" pursuant to Section 12419.10 of the California Government Code. Unsecured liens shall be subject to all other means of debt collection as allowed by law.

6. Unpaid administrative fines shall be a misdemeanor for which the responsible person may be prosecuted.

N. Appeal of Decision of Hearing Officer: Any person aggrieved by an administrative decision of a Hearing Officer may obtain review of the administrative decision be filing a petition for review with the Municipal Court in Los Angeles County in accordance with the timeliness and other provisions set forth in California Government Code Section 53069.4.

O. Notices: All notices required under this Section shall be served on the responsible party in accordance with the following provisions:

1. If the person cited is not the owner of the business where the alleged violation occurred, written notice shall be personally delivered or sent by certified mail to the owner of the business at the address of the property where the alleged violation occurred.

2. If the person cited is not the owner of the property where the alleged violation occurred, written notice shall be personally delivered or sent by certified mail to the property owner at the address shown on the last equalized County assessment role.

3. When personal service or service by certified mail upon the person cited is unsuccessful, a copy of the notice shall be posted in a conspicuous place on the property where the alleged violation occurred.

4. Failure to receive any notice specified in this Section does not affect the validity of proceedings conducted in this Section.

(Ord. No. 375, § 1, 4-26-21)