Laguna Niguel Municipal Code Art. 2 Administrative Citations

(a) The city council hereby finds that there is a need for an additional method of enforcing the provisions of this Code.

(b) The city council finds that an appropriate additional method of enforcement of this Code is an administrative citation program as authorized by Government Code § 53069.4.

(c) The procedures for the imposition, enforcement, collection, and administrative review of civil fines established in this article shall be in addition to, and not in lieu of, any criminal, civil or other legal remedy established by law and available to the city to address violations of this Code.

(d) The purpose of issuing administrative citations pursuant to this article is to encourage voluntary and complete compliance with the provisions of this Code in order to protect the public health, safety and welfare of the citizens of the city; to provide a method of holding persons responsible when they fail or refuse to comply with the provisions of this Code; and to minimize the expense and delay where the otherwise sole remedy is to pursue responsible persons in the civil or criminal justice system.

(e) The issuance of an administrative citation under this article is solely at the city's discretion and is one option the city has to address violations of this Code. By adopting this article, the city does not intend to limit its discretion to utilize any other remedy, civil or criminal, for such violations that the city may select in a particular case.

(f) This article makes any violation of the provisions of this Code subject to civil fine.

(g) Because of the serious blighting conditions that can result affecting the residents' health and safety, this article is intended to impose strict civil liability upon the owners and lessees of real property for all building, housing, fire and health code and zoning violations that occur upon the subject premises.

(Ord. No. 2006-142, § 1, 2-21-06)

The following definitions apply to the use of these terms for the purposes of this article. The singular shall include the plural.

Administrative citation or citation means a written notice to a responsible person that a violation of this Code has occurred and an assessment of civil fines issued by an enforcement officer of the city.

Building violation means any violation of this Code pertaining to building, plumbing, electrical, or other similar structural or zoning regulations set forth in this Code that does not create an immediate danger to health or safety.

Citee means a person given an administrative citation charging him or her as a responsible person for a Code violation.

City attorney means the city attorney or his/her designee.

Code means the Laguna Niguel Municipal Code or any ordinance adopted by the city council, including but not limited to the subdivision code, the zoning code, the building code, and all uniform codes or other codes or regulations of the state or the county duly adopted by reference or otherwise applicable to the city.

Continuing violation means either:

(1) A particular violation of the Code continuing for more than 24 hours without correction or abatement; or

(2) A repeated, consecutive violation of the same offense without intervening days.

Director means director of the issuing department or his or her designee.

Director of finance means the city director of finance or his/her designee.

Enforcement officer means any officer, employee or agent of the city designated by the city manager in writing to have the authority and responsibility to enforce provisions of this Code, including but not limited to, code enforcement officers and public works inspectors.

Hearing officer means the person appointed by the city manager to serve as the hearing officer for administrative hearings held pursuant to this article.

Issued means giving a citation to the citee and issuance occurs on the date when a citation is personally served on the citee, the date it is mailed to the citee, or the date it is posted on real property where a property related violation occurs.

Issuing department means the city department that has the authority and responsibility for enforcing the Code section(s) designated on a citation as having been violated.

Notice of decision means a written notice used to inform a citee of a decision made regarding an administrative citation issued pursuant to this article.

Notice of violation means a written notice to a responsible person advising that a violation of this Code has occurred and warning that an administrative citation assessing fines will be issued unless the violation is ceased and abated.

Responsible person means any of the following:

(1) A person who causes a Code violation to occur.

(2) A person who maintains or allows a Code violation to continue by his action or failure to act.

(3) A person whose agent, employee, or independent contractor causes a Code violation by its action or failure to act.

(4) A person who is the owner of, and a person who is a lessee or sublessee with the current right of possession of, real property where a property related Code violation occurs.

(5) A person who is the on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities at such premises.

For purposes of this article "person" includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees and general partners of a legal entity.

There shall be a legal rebuttable presumption that the record owner of a parcel according to the county's latest equalized property tax assessment rolls and a lessee or sublessee of a parcel has notice of any Code violation existing on the premises.

For the purposes of this article, there may be more than one responsible person for a Code violation, and a minor at least 14 years of age may be a responsible person subject to the provisions of this article.

Violator means a person given a citation charging him or her as a responsible person for a Code violation.

(Ord. No. 2006-142, § 1, 2-21-06)

(a) Any responsible person violating, causing a violation or maintaining a violation of any provision of this Code may be issued an administrative citation assessing a civil fine as provided in this article.

(b) Any enforcement officer, upon determining that a provision of this Code that he or she is charged to enforce has been violated, has the authority to issue an administrative citation to any responsible person or persons. Pursuant to this authority, the enforcement officer shall determine the appropriate responsible person(s) for each violation.

(c) An enforcement officer may issue a citation for a violation the officer did not see occur if the officer has determined through investigation that the responsible person did commit the violation.

(d) A responsible person to whom a citation is issued shall be liable for and shall pay to the city the fine or fines described in the citation when due pursuant to the provisions of this article.

(e) Each and every day a violation of this Code exists constitutes a separate and distinct violation and will be subject to a separate fine. A single citation may charge a violation for one or more days on which a violation exists, and for violation of one or more Code sections.

(f) Every person who applies for and receives a permit, license, or any type of land use approval (e.g., subdivision maps, site development permits, use permits and variances) shall comply with all conditions imposed upon the issuance of the permit, license or approval. If a person violates any condition of such permit, license or approval, he or she may be issued an administrative citation and be liable for civil fines under the provisions of this article.

(g) The city may take into consideration the fact that a person has been issued citations when the city is determining whether to grant, suspend, revoke, or deny any permit, license, or any type of land use approval for the person and such citations are evidence that the person has committed acts that are not compatible with the health, safety and general welfare of other persons and businesses in the vicinity.

(h) The owner of any premises within the city has the responsibility for keeping such premises free of violations related to the use or condition of the property. The owner of such premises is a responsible person and shall be separately liable for violations committed by tenants or occupants relative to the use or condition of the property.

(Ord. No. 2006-142, § 1, 2-21-06)

(a) In accordance with Government Code § 53069.4, no responsible person shall be assessed a civil fine under this article for a continuing violation pertaining to building, plumbing, electrical, or other similar structural or zoning regulation (building violations) without first receiving a warning and reasonable opportunity to correct or otherwise remedy the violation.

(1) In such circumstance, the enforcement officer shall issue a notice of violation requiring cessation or abatement of the violation within a stated period of time prior to the assessment of civil fines. The stated period available to correct the violation prior to assessment of fines shall be appropriate to the violation as determined by the enforcement officer. The correction period shall be at least five (5) calendar days for violations for which abatement requires construction activities. No correction period is required for violations that can be immediately abated without construction activities, such as illegal temporary signs, banners, balloons, and human signs.

(2) If, after the correction period stated in the notice of violation, the violation is not ceased or abated, the enforcement officer may issue an administrative citation assessing a fine. The fine shall accrue on each day the violation exists without abatement. The citee to whom the administrative citation is issued shall be liable for and shall pay to the city the fine or fines described in the administrative citation which shall be due on the date the administrative citation is issued. Additional citations may be issued and fines imposed for every day the violation continues uncorrected from the date the administrative citation is issued and the citee shall be liable for and shall pay to the city any additional fine which shall be due on the date any new citation is issued.

(b) The enforcement officer may, in his or her discretion, issue a notice of violation to a responsible person where such person did not personally cause the violation and is unaware that the violation is occurring in a manner or place, which would render the person responsible. Such notice of violation shall serve as a written warning of responsibility and require immediate action by the responsible person to cease and abate the violation. The notice of violation shall specify a date by which the violation must be ceased and abated. If, after said correction period following the written warning, the violation is not ceased or abated, the enforcement officer may issue an administrative citation assessing fines in accordance with this article.

(c) Any responsible person cited for a continuing violation may request from the director of the issuing department an extension of time to correct the violation so long as the request is filed with the director before the end of the correction period. The director may at his or her discretion grant an extension of time to correct the violation if the responsible person has supplied sufficient evidence showing that the correction cannot reasonably be made within the stated period. The director's decision shall be in writing and is final. The filing for such an extension does not, unless granted, extend the correction period or any other time periods set by this article.

(d) The procedures of this section shall not apply in the instance of a violation that poses immediate danger to public health or safety. Each department head shall maintain a list for his or her department generally describing those violations that pose an immediate danger to public health or safety.

(e) If upon reinspection the enforcement officer determines the violation has been corrected, he or she will issue a notice of decision to the citee indicating correction has been made.

(Ord. No. 2006-142, § 1, 2-21-06)

(a) Each notice of violation and each administrative citation shall contain the following information:

(1) Name of the person who is charged as a responsible person for the violation(s).

(2) Date and approximate time of the violation(s).

(3) Address or definitive description of the location where the violation(s) was observed.

(4) The Code sections or permit conditions violated and a description of the violation(s).

(5) Whether the offense is a continuing violation that shall accrue fines until properly ceased and abated.

(6) The date on which the citation is issued.

(7) Issuing department for the Code section(s) violated.

(8) The amount of the fine for the violation(s) including the amount due for the initial violation(s) and any prospective daily fine for failure to abate the violation(s) (if applicable to a continuing violation).

(9) An explanation of how the fine shall be paid and the time period by which it shall be paid.

(10) Designation of building violation(s) (if applicable), including the correction period, date the correction period expires, the procedure to request an extension of the correction period, and that an administrative citation will be issued if the building violation has not been timely corrected.

(11) Designation of any prior citations issued for the same Code violation(s), if known by the enforcement officer.

(12) Notice to the responsible person to immediately correct the violation(s) and an explanation of the consequences of failure to correct the violation(s).

(13) An explanation of how the abatement of the violation(s) can be properly verified (if applicable).

(14) Description of the procedure for requesting an administrative hearing to contest the issuance of a citation and/or a waiver of the fine deposit, including a place to obtain a form for making these requests and the date by which these requests must be submitted.

(15) A notice that the Code violation(s) is a nuisance and that collection of unpaid fines and/or nuisance abatement costs can be enforced as an assessment or lien against the property where the violation(s) occurs, and that unpaid assessments can result in the property being sold after three years by the county tax collector.

(16) The name and signature of the enforcement officer and, if possible, the signature of the responsible person.

(17) A self-addressed envelope in which the violator can send the city the fine or request an administrative hearing or a waiver of the fine deposit.

(18) Any other information deemed necessary by the city attorney or director of finance for enforcement or collection purposes.

(Ord. No. 2006-142, § 1, 2-21-06)

An enforcement officer may issue a notice of violation and/or an administrative citation in accordance with this article to a responsible person. The notices of violation and administrative citations shall be on a form approved by the city manager and the city attorney. Service of notices of violation and administrative citations shall be in accordance with the following:

(1) Personal service. In any case where an administrative citation is issued:

a. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation.

b. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings.

(2) Service of citation by mail. If the enforcement officer is unable to locate the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and the certification is returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned.

(3) Service of citation by posting notice. If the enforcement officer does not succeed in personally serving the responsible person, or by certified mail or regular mail, the enforcement officer shall post the administrative citation on any real property within the city in which the city has knowledge that the responsible person has a legal interest, and such posting shall be deemed effective service.

(Ord. No. 2006-142, § 1, 2-21-06)

(a) The amount of the fines for violating this Code that may be imposed by administrative citation are the following:

(1) $100.00 for the first violation of a provision of this Code.

(2) $200.00 for the second violation of the same provision of this Code.

(3) $500.00 for the third and subsequent violations of the same provision of this Code.

(b) The city council may, by adoption of a resolution, establish a schedule of fines for violating particular provisions of the Code. The amount of the fines contained in such a schedule shall supersede the amount of the fines set forth in subsection a.

(c) The schedule of fines may also specify the amount of a late payment penalty, interest and processing fee owed for any fine not paid when due. A late payment penalty and interest shall be owned for fines not paid within 30 days of the date of issuance of the citation.

(d) Fines are due on the day the citation is issued, except when a fine deposit has been waived pursuant to section 1-3-21. If the hearing officer upholds the citation, the fine shall be due on the date the decision is made and personally served on the citee or the date the decision is mailed to the citee.

(Ord. No. 2006-142, § 1, 2-21-06)

(a) Upon receipt of a citation, the responsible person must do the following:

(1) Pay the fine to the city within 30 days from the issuance date of the administrative citation. All fines assessed shall be payable to the city. 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, including, but not limited to, issuing additional administrative citations, initiating and pursuing abatement actions, and filing and pursuing criminal complaints.

(2) Cease and abate the violation(s). If the offense is a continuing violation and the responsible person fails to properly cease and abate, fines shall accrue for each day until the abatement is properly verified. Additionally, subsequent administrative citations may be issued for the same violation(s). The amount of the fine for failure to correct the violation shall increase at a rate specified in this article or by resolution.

(b) At any time following 30 days after the issuance of the citation, the city may deliver a collection bill to the responsible person requiring payment for all outstanding amounts owned for the violation, including the amount due for the initial violation and any accrual of daily fines from the date the citation was issued to the date the abatement of the offense is properly verified (if applicable) plus any appropriate late payment charge, interest and/or processing fee less any amount remitted pursuant to subsection a of this section.

(c) The abatement of a continuing violation must be verified by an enforcement officer of the city. The responsible person shall contact the telephone number designated on the citation and schedule an inspection by an enforcement officer. Fines shall accrue until the abatement is verified, less any days delayed by action of the city in scheduling said inspection.

(d) The director of finance shall establish procedures for the payment, receipt and processing of fines.

(Ord. No. 2006-142, § 1, 2-21-06)

(a) A person issued an administrative citation may request a preliminary review. The request must be made within seven days of the date the citation is issued.

(b) To obtain a preliminary review, the citee shall go to the issuing department, present a copy of the citation and a completed and signed request for preliminary review. The request shall state the reasons why there was no violation or why the citee is not a responsible person for the violation.

(c) The preliminary review shall be conducted by a city employee designated by the director of the issuing department. The reviewer shall not be the enforcement officer who issued the citation. The purpose of the review is to uncover and cancel any mistakenly issued citations due to errors that are easily verifiable, and not to resolve factual disputes concerning the violation that is the subject of the citation.

(d) The preliminary review will be decided at the time the request is filed if reasonably practical as determined by the reviewer. It shall consist of a review of the citation and the written request and any other evidence submitted at the same time as the request by the citee and, at the discretion of the reviewer, any other related information. Where the review is not completed with five working days of receipt of the request, the request shall be deemed denied.

(e) The citee shall be notified of the results of the review by being given a notice of decision stating the decision. The citee may also be given additional notice by telephone or facsimile when practicable.

(f) A request for preliminary review does not extend any time periods for compliance, including the fine due date, the time any correction period ends, and the time to request an administrative hearing.

(g) If the reviewer concludes that no Code violation occurred or that the citee was not responsible for the violation, the citation shall be canceled.

(Ord. No. 2006-142, § 1, 2-21-06)

(a) Any person receiving an administrative citation may contest the citation by filing a request for an administrative hearing. To obtain a hearing, the citee shall file a signed written request on a form provided by the city and state the grounds for contesting the citation and fine. A citee may contest the citation by denying that a violation occurred, by denying that it was not corrected within the correction period, if applicable, or by denying that the citee is a responsible person for the violation.

(b) To be effective and complete, the request must be received by the director of the issuing department within 20 days of the date the citation was issued, and be accompanied by evidence of payment of the full amount of the fine. Where a request and fine deposit are mailed by the citee, the request and fine deposit shall be deemed filed on the date received by the director of the issuing department. All requests shall be date stamped upon receipt.

(c) The director of the issuing department shall establish a date, time and place for the administrative hearing and provide notice of that hearing to the citee at least ten calendar days in advance of the hearing. The hearing shall be held within 30 days of the request for an administrative hearing.

(d) The person requesting the administrative hearing shall personally attend the hearing on the date, time and place specified by the issuing director. A failure to personally attend the hearing will be considered a non-appearance. Non-appearance by the citee shall constitute an abandonment of the request, unless the hearing was continued pursuant to section 1-3-22.

(Ord. No. 2006-142, § 1, 2-21-06)

(a) A person who files a request for an administrative hearing may also request at the same time a hardship waiver of the fine deposit. To seek such a waiver, the citee must check the box indicating this request on the form for requesting an administrative hearing and attach a statement of the grounds for the request. To be effective, the completed form requesting the administrative hearing and the waiver must be received by the issuing director within 20 days of the date the citation is issued.

(b) The person requesting the waiver bears the burden of establishing by substantial evidence that he or she does not have the financial ability to make the deposit of the fine.

(c) The waiver request will be decided by the issuing director based on the information provided by the citee. The issuing director shall send the citee a notice of decision.

(d) If the waiver is denied, the citee shall pay the fine amount within seven days. Failure to make the deposit by the time required shall be deemed an abandonment of the contest. Upon receipt of the fine amount, the administrative hearing to contest the citation shall be set pursuant to section 1-3-22.

(e) The filing of a request for hardship waiver of the fine deposit does not extend any time periods set forth in this article, except the time when the fine deposit must be made.

(f) The issuing director's decision on the waiver request is final and not subject to appeal.

(Ord. No. 2006-142, § 1, 2-21-06)

(a) The hearing shall be conducted by a hearing officer on the date, time and place specified by the issuing director.

(b) The issuing director shall ensure that the pertinent citation records are delivered to the hearing officer for a citation set for a hearing, including information showing all fine deposits and waivers granted. The issuing director shall also make available to the citee before the hearing a copy of any additional reports concerning the citation that are provided to the hearing officer.

(c) The citee shall be given the opportunity to testify and to present evidence relevant to the Code violation specified in the citation.

(d) A parent or legal guardian of a citee who is a minor, under 18 years of age, shall accompany the citee.

(e) The citation and any other reports prepared by the enforcement officer, or at his or her request, concerning the Code violation or attempted correction of the Code violation that are provided to the hearing officer shall be accepted by the hearing officer as prima facie evidence of the Code violation and the facts stated in such documents.

(f) Neither the enforcement officer nor any other representative of the city shall be required to attend the hearing, nor shall the hearing officer require that there be submitted any evidence, other than the citation, that may exist among the public records of the city for the violation. However, such appearance and/or submission may be made at the discretion of the enforcement officer or any city employee or agent.

(g) The hearing officer may continue a hearing if a request is made showing good cause by the citee or a representative of the city. All continuance requests shall either:

(1) Be made in person at the hearing by the citee or his or her representative if the citee is physically unable to attend, or

(2) Be made by a written request received by the issuing director at least 24 hours before the hearing date.

If the continuance is granted, a new hearing date shall be set and held within 45 days. If the continuance is denied, the hearing shall proceed then and there as scheduled, and if the citee is not present the request(s) shall be deemed abandoned in accordance with subsection (i) below.

(h) The hearing shall be conducted informally and the legal rules of evidence need not be followed. The hearing officer does not have the authority to issue subpoenas.

(i) The failure of the citee to appear at the hearing, unless the hearing was continued pursuant to subsection g above, shall constitute an abandonment of the contesting of the citation, and a failure to exhaust administrative remedies concerning the violation set forth in the citation. The failure to appear by the citee shall be noted on the notice of decision by the hearing officer which shall be mailed to the citee by the issuing director. The fine deposit shall be credited by the city against the fine due for the violation. Any fine deposit waiver granted shall be canceled and the fine shall be due on the date the notice of decision is served on the citee.

(Ord. No. 2006-142, § 1, 2-21-06)

(a) After considering all the evidence and testimony submitted at the administrative hearing, the hearing officer shall issue a written decision to uphold or cancel the citation. The hearing officer has no discretion or authority to reduce or modify the amount of any fine. The decision will be made on a notice of decision form and will state the reasons and evidence considered for the decision. The decision of the hearing officer shall be made at the conclusion of the hearing and shall be final. The notice of decision for the administrative hearing shall be personally delivered to the citee at the conclusion of the hearing. In the alternative, the hearing officer may within five days either mail a completed notice of decision to the citee or request that the issuing director mail the completed notice of decision to the citee.

(b) If the decision is to uphold the citation, the city shall keep the fine deposited as payment for the fine. If the decision is to cancel the citation, the city shall refund the fine deposit to the citee within 30 days of the filing of the notice of decision. If the citation is upheld and the fine deposit has been waived, the fine shall be due on the date the decision is served on the citee.

(c) The hearing officer's continued employment, performance evaluation, compensation, and benefits shall not directly or indirectly be linked to the amount of citations upheld or canceled by the hearing officer.

(Ord. No. 2006-142, § 1, 2-21-06)

(a) The citee may seek judicial review of the administrative hearing decision by filing an appeal in accordance with the provisions of Government Code § 53069.4 with the superior court within 20 calendar days after the citee receives a copy of the notice of decision. The appeal filed with the court must also contain a proof of service showing that a copy of the appeal was served upon "City of Laguna Niguel (Attention: City Attorney)." The citee must pay the required filing fee when the appeal is filed.

(b) No appeal is permitted from any of the following:

(1) A decision on a request for preliminary review.

(2) A decision on a request for an extension of the correction period for building violations.

(3) A decision on a request for waiver of a fine deposit.

(4) As to citations where it is deemed the citee has abandoned the contest of the citation by an unexcused nonappearance at the hearing or by failing to deposit the fine.

(c) The city attorney shall forward to the court within 15 days of its request the pertinent citation documents for any case appealed to that court.

(d) If the court cancels any citation, the city will refund any fine deposit made and the appeal filing fee.

(Ord. No. 2006-142, § 1, 2-21-06)

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

(b) The city may refuse to issue, extend, or renew to any person, who has unpaid delinquent fines, penalties, interest, fees, liens or assessments, any city permit, license, or other city approval pertaining to the property that is the subject of the citation and fine.

(c) Any permit, license or land use approval issued by the city to a person who has unpaid fines, penalties, interest and fees related to the permit, license or land use approval totaling $1,000.00 or more that remain delinquent for 30 days or longer shall automatically be suspended. The suspension becomes effective ten days after notice of the suspension is sent via certified, U.S. mail, postage prepaid, addressed to the person and shall continue until the delinquency is paid in full. The person may request a review hearing pursuant to the procedures in section 1-3-19 on only the issue of whether the fine is delinquent. The request must be filed before the ten-day period ends. Continuing to operate under a suspended permit, license or approval shall be grounds for the permit, license or land use approval to be revoked. Revocations may be made by the city council at a public hearing for which the person is given at least ten days prior written notice.

(d) It shall be unlawful for a person issued an administrative citation to fail to pay any civil fine, penalty, interest or fee imposed pursuant to this article. The city attorney, at his or her discretion, may issue a criminal citation or complaint for an infraction to any person issued a citation who fails to make such a payment.

(e) Any violation of this Code shall constitute a nuisance. To compel Code compliance, the city may seek to abate the nuisance and collect the costs incurred by means of a nuisance abatement lien and/or special assessment against the property where a property related violation occurred in accordance with the procedures in Government Code §§ 38773.1 and 38773.5. Any unpaid delinquent civil fines, penalties, interest and fees may be recovered as part of any such lien or special assessment against the property of the responsible person who is the owner of the property where the violation occurred.

(f) To pursue an abatement of a Code violation as a nuisance and recover any delinquent civil fines, penalties, interest and fees as a lien or special assessment, the following conditions must be met:

(1) The city manager must submit to and receive from the city council a resolution certifying the amounts of the liens and special assessments sought to be collected from each property owner.

(2) The total amount of the delinquent fine, penalty, interest or fee against the property owner must be $250.00 or more and be delinquent for 60 days or more.

The city manager may take any steps necessary to enforce collection of the lien or special assessment, including but not limited to the following:

(1) Request the county recorder to record a notice of any lien or special assessment certified by the city council.

(2) Request the county tax collector to collect any lien or special assessment certified by the city council.

The city manager may pursue these remedies whether or not the city is pursuing any other action to terminate an ongoing Code violation that was the basis for the fine.

(g) All administrative citations shall contain a notice that unpaid fines, interest and penalties are subject to the assessment and lien collection procedures of this section. This notice shall satisfy the notice requirements of Government Code §§ 38773.1 and 38773.5, when an administrative citation is personally served on the violator. In addition, the city manager shall by first class mail send notice to each property owner at least ten days before the city council considers the resolution to certify the amounts of the liens and special assessments stating the date, time and location of the meeting. The lien and/or special assessment shall be imposed on the date the administrative citation for the Code violation is issued to the responsible person and becomes effective upon the recording of a notice of lien or special assessment by the county recorder.

(h) A violator may contest the amount and/or validity of any lien or special assessment for an administrative fine at the public hearing when the city council considers the resolution to certify the liens and assessments. Such contests by a violator shall be limited to the issue of the amount and/or validity of the lien or assessment and may not consider whether the underlying Code violation occurred. Pursuit of such a contest by a violator is necessary to exhaust the administrative remedies concerning a legal challenge to the validity of any such lien or special assessment.

(Ord. No. 2006-142, § 1, 2-21-06)