Irvine Municipal Code Ch. 3 Administrative Fines

The City Council recognizes that there are alternative methods of enforcement for any violation of the Irvine Municipal Code or City ordinance, ("municipal ordinance violation"). The City Council further finds that administrative fines constitute one of those options. The use of the administrative citation in place of other remedies shall be at the sole discretion of the City. Issuance of an administrative citation shall not be deemed a waiver of any other enforcement remedies found within this Code.

(Ord. No. 18-06, Exh. A, 4-24-18)

A. Nothing in this division shall be construed to mean that a municipal ordinance violation is not also a crime punishable under criminal proceedings.

B. The procedures established in this chapter shall supplement and be in addition to any criminal, civil or other remedy established by law or under the provisions of this Code which may be pursued to address violations of the Code.

(Ord. No. 18-06, Exh. A, 4-24-18)

A. Purpose. It is the purpose and intent of the City Council to afford due process of law to any person who is issued a notice of suspension or revocation. Due process of law includes adequate notice, and opportunity to participate in a hearing, and an adequate explanation of the reasons justifying the suspension or revocation.

B. Notification of hearing. Upon receipt of evidence of a violation of this division or any permit or license issued pursuant to this division, the Director of Public Safety or his or her designee shall conduct a hearing within 60 calendar days of the issuance of a notice of suspension or revocation pursuant to Section 4-5-1302C. At least 20 calendar days prior to the date of the hearing, the City shall, by mail or personal service, give notice to the licensee or permittee of the time, date, and location of the hearing. The written notice shall also contain a statement of the specific reasons for revocation or suspension.

C. If the hearing officer renders a decision at the conclusion of the hearing such decision shall immediately become effective and become final unless an appeal is timely made as provided in this chapter.

D. The decision of the hearing officer may be appealed pursuant to the procedures contained in this chapter; and the licensee or permittee shall have the burden of proving that the decision rendered by the hearing officer was unreasonable, erroneous, or a clear abuse of discretion.

(Ord. No. 18-06, Exh. A, 4-24-18; Ord. No. 19-12, Exh. A, 8-13-19)

A. This section shall not apply when the City seeks to abate a nuisance under the abatement provisions set forth in this Code.

B. When the municipal ordinance violation pertains to building, plumbing, electrical, or other similar structural or zoning issues the offender shall have 30 days to correct or otherwise remedy the violation, prior to the issuance of an administrative citation and the imposition of a fine. The City may provide the responsible party a longer or shorter correction period if deemed appropriate by the City based on the severity, type, or circumstance of the violation or condition at-issue.

C. Upon discovery of a municipal ordinance violation, the Code Enforcement Official shall issue a notice ("correction notice") to the offender by personal service or by mail to the offender's last known address.

D. To the extent the following information is reasonably available to the Code Enforcement Official, the correction notice shall:

1. State the date the correction notice is issued;

2. State the offender's name, date of birth, and current residential address and mailing address;

3. State the offender's driver's license number or State-issued identification number;

4. Refer to the Code section violated and describe how the offender violated the Code section;

5. Refer to the date the violation was discovered by the Code Enforcement Official;

6. Describe the action necessary to correct the violation and state the final date by which the correction must be made;

7. Include a warning that failure to correct the violation will result in an administrative fine and state the amount of the fine imposed for the violation.

E. At the end of the period for correcting the municipal ordinance violation forth in the correction notice ("compliance period"), the Code Enforcement Official shall inspect the site of the municipal ordinance violation. If the offender does not fix the correction condition within the compliance period, the Code Enforcement Official may issue the offender an administrative citation pursuant to Section 4-13-303.

(Ord. No. 18-06, Exh. A, 4-24-18; Ord. No. 19-12, Exh. A, 8-13-19)

After the issuance of an administrative citation, an offender shall do one of the following to avoid the penalty set forth in Section 4-13-310:

A. Pay the fine amount designated on the administrative citation within 21 days from the mailing or personal service of the administrative citation; or

B. Make a written request for an administrative hearing ("hearing") within and including 15 days from the mailing or personal service of the administrative citation. A deposit in the same amount as the fine designated on the administrative citation must accompany the request for hearing. Incomplete requests shall not be accepted.

(Ord. No. 18-06, Exh. A, 4-24-18)

The Director of Community Development, or his or her designee, may grant a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first notice of violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.

(Ord. No. 18-06, Exh. A, 4-24-18; Ord. No. 22-12, § 3(Exh. A), 8-9-22)

A. Amount. Except as otherwise provided for in the code or the City's Bail Schedule, applicable law, administrative fines shall not exceed $1,000.00 for each violation.

B. Payments. If the offender does not make a timely request for a hearing with the required deposit as set forth in Section 4-13-305.B, he or she must pay the amount designated on the administrative citation within 21 days from the date the citation is issued. Payments of administrative fines shall be made in the manner and form directed on the administrative citation. If no such direction is provided, administrative fines shall be sent to the City's Finance Department.

C. No waiver. Under no circumstances shall the payment of the fine designated in the administrative citation constitute a waiver of the offender's right to a hearing. Therefore, an offender may pay the fine within the 15-day appeal period and also obtain a hearing to protest the imposition of the fine, provided that the offender makes a timely request for a hearing.

D. Obligation to correct violation. Nothing in this Code shall be interpreted to mean that because an offender has paid the fine that he, she or it is not required to correct the municipal ordinance violation. Failure to correct the municipal ordinance violation may result in additional citations.

(Ord. No. 18-06, Exh. A, 4-24-18; Ord. No. 19-12, Exh. A, 8-13-19)

A. Purpose. It is the purpose and intent of the City Council to afford due process of law to any person who is issued an administrative citation. Due process of law includes adequate notice, an opportunity to participate in a hearing, and an adequate explanation of the reasons justifying the administrative fine.

B. Request for hearing. Within 15 days from the date the administrative citation is issued, the offender must make a written request for a hearing in the manner and form directed on the administrative citation and in compliance with this Code. If no such direction is provided, the written request shall be sent to the City's Code Enforcement Official.

C. Notification of hearing. At least 20 calendar days prior to the date of the hearing, the City or the City's designee shall, by mail, give notice to the offender of the time, date, and location of the hearing. The City reserves the right to reschedule the hearing date upon need. In such cases, notice of the change will immediately be communicated to the offender.

D. Hearing body.

1. The Zoning Administrator or any other person, firm or corporation designated by the Director of Community Development ("hearing officer") shall conduct the hearing and hear all facts and testimony presented and deemed appropriate.

2. Notwithstanding any other provision in this Code to the contrary, there shall be a "building appeals board" which shall consist of three members. The "building appeals board" shall be the "local appeals board," the "housing appeals board," and the "board of appeals" as those phrases are defined and used in the California Building Standards Code. The building appeals board shall only hear appeals to administrative citations that relate to determinations involving, whether in whole or in part, a building standard or any other regulation governing construction, use, maintenance and change of occupancy that is covered by the City's applicable building regulations. Upon receipt of an appeal subject to this provision, the Zoning Administrator shall refer the appeal for hearing before a three person board comprised of hearing officers.

3. Any persons, firm or corporation designated to serve on the building appeals board shall be subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure § 170.1. The offender may challenge any member of the building appeals board's impartiality by filing a statement with the City Manager objecting to the hearing before the hearing officer and setting forth the grounds for disqualification. The question of disqualification shall be heard and determined in writing by the City Manager within ten days following the date on which the disqualification statement is filed.

E. Administrative hearing procedures.

1. The hearing is intended to be informal in nature. Formal rules of the California Evidence Code and discovery shall not apply, except that irrelevant and unduly repetitious evidence may be excluded at the hearing officer's discretion.

2. Each party shall have the opportunity to offer testimony and evidence and cross-examine witnesses in support of his or her case.

F. Administrative order.

1. Within ten business days of the hearing's conclusion, the hearing officer shall provide the offender with its decision in writing ("administrative order"). The hearing officer shall provide the offender with the administrative order by personal service, or by registered or certified mail to the offender's last known address.

2. The administrative order shall contain the hearing officer's findings of fact and conclusions and the procedure described in Section 4-13-309 for seeking judicial review.

3. A decision in favor of the offender shall constitute a dismissal of the municipal ordinance violation. The City shall return any monies paid by the offender towards the dismissed municipal ordinance violation fine.

4. If the hearing officer renders a decision in favor of the City, the offender will forfeit the fine deposit described in Section 4-13-305.B as payment in full of the administrative fine, and must do one of the following: (i) comply with the hearing officer's order, or (ii) seek judicial review of the administrative order pursuant to Section 4-13-309.

(Ord. No. 18-06, Exh. A, 4-24-18; Ord. No. 19-12, Exh. A, 8-13-19)

If an administrative order is rendered in favor of the City, the offender may seek judicial review of the administrative order by doing one of the following:

A. Appeal the administrative order pursuant to California Government Code § 53069.4. Pursuant to Government Code § 53069.4, the appealing party shall serve a copy of the appeal notice in person or by first class mail upon the City. Appeal notices shall be sent to the City Clerk. If no appeal notice is timely filed, the decision shall be deemed confirmed; or

B. File a petition for a writ of mandate pursuant to California Code of Civil Procedure § 1094.5 et seq.

(Ord. No. 18-06, Exh. A, 4-24-18)

A. As a penalty for the failure to comply with Section 4-13-305, the offender shall pay a fine in the amount of two times the original administrative fine (the "penalty fine"). The offender shall pay the penalty fine within 45 days from the date the administrative citation is issued.

B. The failure to pay the penalty fine shall constitute a criminal misdemeanor.

C. The Code Enforcement Official may, in his or her own discretion, waive payment of the penalty fine.

(Ord. No. 18-06, Exh. A, 4-24-18)