La Palma Municipal Code Div. 3 Administrative Fines, Penalties and Citations

Footnotes:

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State Law reference— Establishment of amounts, procedures, and appeals for administrative fines and penalties, Government Code § 53069.4.

The City Council finds that there is a need for an alternative method of enforcement for any violation of this Code or City ordinance constituting an infraction ("City ordinance violation"). The City Council further finds that administrative fines are an appropriate method of enforcement.

(Code 1975, § 3-8; Ord. No. 2004-02, § 3)

(a) Nothing in this article shall be construed to mean that a City ordinance violation is not also a crime punishable under criminal proceedings.

(b) The procedures established in this article 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.

(Code 1975, § 3-9; Ord. No. 2004-02, § 3)

A Code Enforcement Official may, upon discovering that a person has committed a La Palma City Code Violation (hereinafter referred to as "offender"), issue an administrative citation to the offender. A Code Enforcement Official may issue an administrative citation for a violation not committed in the official's presence if the official has determined through investigation that the offender did commit the violation. The administrative citation shall be given by personal service on the offender, by registered or certified mail to the offender's last known address, or by posting a copy of the citation on the property in a conspicuous place and by mailing the citation to the property.

(Code 1975, § 3-10; Ord. No. 2004-02, § 3)

To the extent the following information is reasonably available to the Code Enforcement Official, the administrative citation shall:

(1) State the date the administrative citation 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) State the date the violation was discovered by the Code Enforcement Official;

(6) State the amount of fine imposed for the violation;

(7) Explain how the offender may pay the fine, including the location and manner, as well as the time period by which the fine must be paid and the consequences of failure to pay the fine;

(8) Explain the procedure for obtaining an administrative hearing. Specifically, the explanation shall provide notice that the offender must make a written request within 15 days from the date the administrative citation is issued and that the offender will be notified by mail of the date of the hearing; and

(9) Include a warning that a failure to pay the fine or request and appear at an administrative hearing shall result in the penalties described in section 2-387, including a description of the penalties.

(Code 1975, § 3-11; Ord. No. 2004-02, § 3)

(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 City ordinance violation pertains to building, plumbing, electrical, or other similar structural or zoning issues that do not create an immediate danger to health or safety (hereinafter "correction condition"), the offender shall have no less than 30 days to correct or otherwise remedy the City ordinance violation prior to the issuance of an administrative citation and the imposition of a fine. A correction period longer than 30 days may be granted if deemed necessary by the Code Enforcement Official.

(c) Upon discovery of a correction condition, the Code Enforcement Official shall issue a notice ("correction notice") to the offender by personal service on the offender, by registered or certified mail to the offender's last known address, or by posting a copy of the citation on the property in a conspicuous place and by mailing the citation to the property.

(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 correction condition set forth in the correction notice ("compliance period"), the Code Enforcement Official shall inspect the site of the correction condition. If the offender remedies the correction condition within the compliance period, the Code Enforcement Official shall issue the offender a notice of compliance. 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 2-380.

(Code 1975, § 3-12; Ord. No. 2004-02, § 3)

After the issuance of an administrative citation, an offender shall do one of the following to avoid the penalty set forth in section 2-387:

(1) Pay the fine amount designated on the administrative citation within 21 days from the mailing, posting, or personal service of the administrative citation; or

(2) Make a written request for an "administrative hearing" within and including 15 days from the mailing, posting, or personal service of the administrative citation, pursuant to section 2-385.

(Code 1975, § 3-13; Ord. No. 2004-02, § 3)

(a) Amount. Administrative fines shall be set by separate resolution of the City Council.

(1) Except as specifically provided elsewhere in this Code, administrative fines shall not exceed $100.00 for a first violation, $200.00 for a second violation of the same City ordinance violation within one year, and $500.00 for each additional violation of the same City ordinance violation within one year.

(2) Notwithstanding subsection (a)(1) of this section, administrative fines for violations of local building and safety codes shall not exceed $100.00 for a first violation, $500.00 for a second violation of the same City ordinance violation within one year, and $1,000.00 for each additional violation of the same City ordinance violation within one year.

(b) Payments. If the offender does not make a timely request for an administrative hearing, 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 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 an administrative hearing. Therefore, an offender may pay the fine within the 21-day period and also obtain an administrative hearing to protest the imposition of the fine, provided that the offender makes a timely request for an administrative 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 City ordinance violation. Failure to correct the City ordinance violation may result in additional citations.

(Code 1975, § 3-14; Ord. No. 2004-02, § 3)

(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 an administrative hearing.

(c) Notification of administrative hearing. At least 20 calendar days prior to the date of the administrative hearing, the City shall, by registered or certified mail or personal service, give notice to the offender of the time, date, and location of the administrative hearing.

(d) Hearing officer.

(1) The Community Development Director or any other person designated by the City Council ("hearing officer") shall conduct the administrative hearing and hear all facts and testimony presented and deemed appropriate.

(2) Any person designated to serve as a hearing officer is 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 the hearing officer's impartiality by filing a statement with the City Manager objecting to the administrative 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 administrative 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.

(3) Pursuant to California Penal Code § 19.6, an offender shall not be entitled to a jury for an infraction charge. Nor shall an offender be entitled to have the public defender or other counsel appointed at public expense to represent him or her.

(f) Administrative order.

(1) Within ten days of the conclusion of the administrative hearing, the hearing officer shall provide the offender with his or her 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 2-386 for seeking judicial review.

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

(4) If the hearing officer renders a decision in favor of the City, the offender must do one of the following:

a. Comply with the hearing officer's order including paying the administrative fine in full within 20 calendar days of service of the administrative order; or

b. Seek judicial review of the administrative order pursuant to section 2-386.

(g) Failure to attend administrative hearing.

(1) Penalty. If the offender requests an administrative hearing and fails to attend, the penalty in section 2-387 shall immediately be in effect if the offender has not paid the fine and 21 days has passed since the administrative citation was issued. If the offender fails to appear at the administrative hearing and 21 days from date the administrative citation was issued has not passed, the offender has until the end of the 21-day period to pay the administrative fine before the penalty in section 2-387 comes into effect.

(2) Waiver of right to hearing. The offender's failure to appear at the administrative hearing shall constitute a waiver of the right to a hearing. An offender's failure to appear at the administrative hearing shall be presumed an admission of guilt to the City ordinance violation charges as indicated on the administrative citation.

(3) Good cause. Upon a showing of good cause by the offender, the hearing officer may excuse the offender's failure to appear at the administrative hearing and reschedule the hearing. Under no circumstances shall the administrative hearing be rescheduled more than one time unless the offender pays a deposit in the amount of the administrative fine. Nothing in this subsection shall be interpreted to mean the offender is excused from the requirement of paying the administrative fine or appearing at an administrative hearing.

(Code 1975, § 3-15; Ord. No. 2004-02, § 3)

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:

(1) Appeal the administrative order pursuant to California Government Code § 53069.4 within 20 calendar days after service of the administrative order. 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 filed within the 20-calendar-day period, the decision shall be deemed confirmed; or

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

(Code 1975, § 3-16; Ord. No. 2004-02, § 3)

(a) As a penalty for the failure to comply with sections 2-383, 2-385(f)(4), or 2-385(g), 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. However, if the offender requests and fails to attend an administrative hearing, and the date of the administrative hearing is set later than 45 days from the date the administrative citation is issued, the offender shall pay the penalty fine within five days of the date of the administrative hearing.

(b) The failure to pay the penalty fine shall constitute a misdemeanor punishable by a maximum of a $1,000.00 fine and six months in jail, or both.

(c) The City at its discretion may pursue any and all legal and equitable remedies for the collection of unpaid fines and penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and penalties owed by a person under this article have been collected.

(Code 1975, § 3-17; Ord. No. 2004-02, § 3)