La Quinta Municipal Code Ch. 1.09 Administrative Citation

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 any violation addressed in this chapter. Use of the enforcement procedures set forth in this chapter shall be at the sole discretion of the city.

(Ord. 564 § 1, 2017; Ord. 379 § 1, 2002)

For the purpose of this chapter:

A. The term "responsible person" means any natural person, the parent or the legal guardian of any natural person under the age of eighteen (18) years, any corporation, association, organization, estate, group, combination acting as a group, or any officer, agent, employee, or servant of any of the foregoing, that cause or maintain a violation(s) of the La Quinta Municipal Code, any code adopted by the city council, applicable state laws or condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this code or any adopted code.

B. The term "enforcement officer" means any individual employed, contracted or otherwise charged by the city to enforce codes, ordinances, mandates, regulations, resolutions, rules or other laws adopted by the city.

C. The term "issued" shall have the same meaning as that set forth in Section 1.01.300 of this code.

(Ord. 564 § 1, 2017; Ord. 524 § 3, 2015; Ord. 379 § 1, 2002)

A. Any person or entity violating any provision of the La Quinta Municipal Code or applicable state law may be issued one (1) or more administrative citations by an enforcement officer as provided in this chapter. A violation of this code includes, but is not limited to, all violations of the municipal code or other codes adopted by the city council, or failure to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this code or any adopted code.

B. Each and every day a violation of the municipal code or applicable state law exists constitutes a separate and distinct offense and shall be subject to citation.

C. A civil fine shall be assessed by means of an administrative citation issued by an enforcement officer and shall be payable as instructed on the administrative citation.

D. Fines shall be assessed in the amounts specified by ordinance of the city council, and shall not exceed the maximum amount allowed by state law or this code, in which the latter amount shall be as follows:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance or permit within one (1) year from the date of the first violation; and

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance or permit within one (1) year from the date of the first violation.

(Ord. 578 § 1, 2019; Ord. 564 § 1, 2017; Ord. 524 § 3, 2015; Ord. 379 § 1, 2002)

The failure of any person or entity to pay the civil fines assessed by an administrative citation may result with the city pursuing any and all legal remedies to collect the civil fines. The city may also move to recover its collections costs according to proof.

(Ord. 564 § 1, 2017; Ord. 524 § 3, 2015; Ord. 379 § 1, 2002)

Each administrative citation shall contain the following information:

A. Date and approximate time of the violation(s);

B. Address or definite description of the location where the violation(s) was observed;

C. Name and current residential address and mailing address, if known, of person or entity alleged to have committed the violation(s);

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

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

F. An explanation of how the fine shall be paid and the time period by which it shall be paid;

G. Identification of appeal rights, including the time within which the administrative citation may be contested and how to obtain a request for hearing form to contest the citation; and

H. The name and signature of the enforcement officer and, if possible, the signature of the responsible person.

(Ord. 564 § 1, 2017; Ord. 524 § 3, 2015; Ord. 379 § 1, 2002)

Upon receipt of a citation, the responsible person must pay the fine within fifteen (15) calendar days from the date the administrative citation is issued. Responsible persons shall pay all fines assessed as instructed on the administrative citation. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city. If the responsible person fails to correct the violation(s) subsequent to the administrative citation, the city may issue further citations for the same violation(s) or the city may choose to utilize another means of enforcement. The amount of the fine for failure to correct the violation(s) for each additional occurrence shall increase at a rate specified in this chapter or by ordinance.

(Ord. 564 § 1, 2017; Ord. 524 § 3, 2015; Ord. 379 § 1, 2002)

Any recipient of an administrative citation may contest that there was a violation(s) of the La Quinta Municipal Code or that he or she is the responsible person by completing a request for hearing form and returning it to the address stated on the form within twenty-one (21) calendar days from the issue date of the administrative citation, together with an advanced deposit of the full amount of the fine. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person or entity charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.

(Ord. 564 § 1, 2017; Ord. 469 § 1, 2009; Ord. 379 § 1, 2002)

A. The director of the department of the city who is overseeing the matter which is the subject of the administrative citation shall appoint a person or contract an agency to provide a person who shall preside at the hearing and hear all facts and testimony presented and deemed appropriate. ("hearing officer").

B. The employment, performance, evaluation, compensation, and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned on or in any way related to the results or prior decisions issued by said hearing officer.

C. 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 Section 170.1. The responsible person may challenge the hearing officer's impartiality by filing a statement, with the city clerk, objecting to the hearing officer and setting forth grounds for disqualification. The question of disqualification shall be heard and determined in writing by the city manager within ten (10) calendar days following the date which the disqualification statement is filed.

(Ord. 564 § 1, 2017; Ord. 524 § 3, 2015; Ord. 379 § 1, 2002)

A. No hearing to contest an administrative citation before a hearing officer shall be held unless both a request for hearing form has been completed and submitted and the fine for the citation has been deposited in advance. Any deposit shall be held in a separate account, in trust, pending final resolution of the hearing.

B. A hearing before the hearing officer shall be set for a date that is not less than fifteen (15) calendar days but no more than ninety (90) calendar days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The responsible person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) calendar days prior to the date of the hearing.

C. The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the recipient of the administrative citation has caused or maintained the violation(s) of the municipal code or other applicable state law on the date(s) specified on the administrative citation.

D. The administrative citation and any additional documents submitted by an enforcement officer shall constitute prima facie evidence of the facts contained in those documents.

E. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall also be served by mail on the responsible person requesting the hearing at least ten (10) calendar days prior to the hearing date.

F. At least ten (10) calendar days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citations, reports, and other documents submitted or relied upon by the enforcement officer. Personal information regarding a reporting party, if any, shall not be disclosed. No other discovery is permitted. 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.

G. The hearing officer may continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

H. The failure of a recipient of an administrative citation to appear at the administrative citation hearing shall constitute forfeiture of the fine and a failure to exhaust administrative remedies.

(Ord. 564 § 1, 2017; Ord. 524 § 3, 2015; Ord. 379 § 1, 2002)

A. Within ten (10) working days of the hearings conclusion, the hearing officer shall issue the responsible person with a notice of decision and decision in writing ("administrative order") in accordance with Section 1.01.300 of this code.

B. The administrative order shall contain the hearing officer's findings of fact and conclusions, and a statement regarding the procedure described in Section 1.09.100 if this code for seeking judicial review. The decision of the hearing officer shall be final except as provided for in Section 1.09.100 of this code.

C. If the hearing officer renders a decision in favor of the responsible person, the administrative order shall constitute a dismissal of the municipal ordinance violation(s) and the city shall return any monies paid by the responsible person towards the dismissed administrative citation.

D. If the hearing officer renders a decision in favor of the city, the responsible person must comply with the administrative order, or seek judicial review of the administrative order pursuant to Section 1.09.100 of this code.

(Ord. 564 § 1, 2017; Ord. 524 § 3, 2015; Ord. 379 § 1, 2002)

Any person or entity aggrieved by an administrative order of a hearing officer on an administrative citation may obtain review of the administrative order by filing a petition seeking review with the Superior Courts of California, county of Riverside in accordance with the statutes of limitations and provisions set forth in California Government Code Section 53069.4, a copy of which the city will provide with any administrative order issued in favor of the city.

(Ord. 564 § 1, 2017; Ord. 524 § 3, 2015; Ord. 379 § 1, 2002)

A. The administrative citation and all notices to be given by this chapter shall be served on the responsible person in accordance with the provisions of Section 1.01.300 of this code.

B. Failure to receive any notice specified in this chapter shall not affect the validity of any proceeding conducted hereunder.

(Ord. 564 § 1, 2017; Ord. 524 § 3, 2015; Ord. 379 § 1, 2002)