Laguna Niguel Municipal Code Art. 1 Administrative Citation Procedure

This article provides for administrative remedies for any violation of this title, which remedies may be pursued in lieu of any other legal remedy, criminal or civil, which may be pursued by the city or animal services to address any violation of this title. The city attorney or city prosecutor shall have sole discretion to determine whether a violation will be prosecuted criminally. The remedies and penalties provided in this article are cumulative and in addition to any other remedies available at law or in equity.

(Ord. No. 2022-215, § 5, 6-7-22)

The following words and phrases, when used in the context of this title, shall have the following meanings:

Citation processing center means an approved vendor to the animal services department who holds a current contract to process administrative citations.

Enforcement official means any person authorized to enforce the provisions of the Laguna Niguel Municipal Code or any other code or regulations regulating animal services incorporated by reference by the City of Laguna Niguel.

Legal interest means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is recorded with the county recorder.

Responsible person means any person whom an enforcement official determines is responsible for causing or maintaining a violation of this title. The term "responsible person" includes but is not limited to an animal owner, property owner, tenant, person with a legal interest in real property, or person in possession of real property.

(Ord. No. 2022-215, § 5, 6-7-22)

An enforcement official may issue an administrative citation, on a form approved by the director, to a responsible person, as follows:

(a) By personally delivering the administrative citation to a responsible person, posting an administrative citation in a conspicuous place on the residence of the responsible person or by mailing the administrative citation to the responsible person, the mailing shall be sent by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

(b) If the responsible person is a corporation, the enforcement official shall attempt to locate any one of the following individuals and issue to that individual an administrative citation: the president or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the corporation to receive service of process in a civil action. If the office address of any of the above-listed individuals is known to the city, a copy of the administrative citation also shall be mailed to one of those individuals by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

(c) If the responsible person is a business other than a corporation, the enforcement official shall attempt to locate the business owner and issue the business owner an administrative citation. If the enforcement official can locate only the manager of the business, the administrative citation may be given to the manager of the business. If the address of the business is known, a copy of the administrative citation also shall be mailed to that address to the attention of the business owner or a responsible person. The mailing shall be sent by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

(d) The enforcement official shall attempt to obtain on the administrative citation the signature of the responsible person, or in cases in which the responsible person is a corporation or business, the signature of the person served with the administrative citation. If a responsible person or 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.

(e) If the enforcement official is unable to locate a responsible person for the violation, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

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

(g) If the enforcement official does not succeed in serving the responsible person personally, by certified mail or regular mail, and the city is not aware that the responsible party has a legal interest in any real property within the city, the enforcement official shall cause the administrative citation to be published once a week for four successive weeks in a local newspaper published at least once a week.

(Ord. No. 2022-215, § 5, 6-7-22)

(a) The administrative fine imposed pursuant to this division for any violation of this title shall be in the amount set forth in the administrative citation schedule established by the resolution of the city council . The schedule shall specify the amount of any late payment charges imposed for failure to timely pay the fine. This section does not apply to animal nuisance violations pursuant to section 10-1-48.

(b) At the issuing officer's discretion, an administrative citation for violations listed in division 1, article 3 and 4 of this title may be deemed correctable. It is the responsible person's responsibility to correct the violations and submit proof of the correction to the citation processing center no later than 30 days from the issuance date of the administrative citation. If corrected within the specified time frame the administrative fine will be reduced to the cost of processing the citation.

(Ord. No. 2022-215, § 5, 6-7-22)

The administrative fine shall be paid to the city within 30 days from the issuance date of the administrative citation. If, after a hearing requested pursuant to section 10-3-607, the hearing officer determines that the administrative citation should be canceled, the administrative fine shall be refunded in accordance with section 10-3-613.

(Ord. No. 2022-215, § 5, 6-7-22)

Any responsible person to whom an administrative citation is issued may contest the citation no later than 30 days from the issuance date of the administrative citation by (1) providing an appeal to the citation processing center; and (2) depositing the administrative fine with the citation processing center. The person requesting the hearing shall be notified by of the time and place of the hearing at least ten days before the date of the hearing.

(Ord. No. 2022-215, § 5, 6-7-22)

Only after a request for a hearing is filed, and the responsible person requesting the hearing has deposited the administrative fine in full, shall the citation processing center set the date and time for the administrative hearing. The hearing shall be set for a date not less than 15 days nor more than 60 days after the request for hearing form is filed, and the administrative fine is deposited with the citation processing center. The citation processing center shall send notice of the date, time, and place of the hearing to the person requesting the hearing at least ten days before the date of the hearing.

(Ord. No. 2022-215, § 5, 6-7-22)

The responsible person requesting a hearing may request one continuance, but in no event may the hearing begin later than 90 days after the request for hearing form is filed, and the administrative fine is deposited with the citation processing center.

(Ord. No. 2022-215, § 5, 6-7-22)

The director of the department through which the administrative citation was issued, or his or her designee, shall select an administrative hearing officer. The administrative hearing officer may be, without limitation, a member of the staff of the department through which the administrative citation was issued. In no event, however, shall the enforcement official who issued the administrative citation be the administrative hearing officer.

(Ord. No. 2022-215, § 5, 6-7-22)

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 and to cross-examine witnesses. The city bears the burden of proof at an administrative hearing to establish a violation of this title. The administrative citation and any additional reports submitted by the enforcement official shall constitute prima facie evidence of the facts contained in those documents. The administrative hearing officer must use preponderance of evidence as the standard of evidence in deciding the issues.

(Ord. No. 2022-215, § 5, 6-7-22)

(a) If the responsible person fails to attend the scheduled hearing, the hearing will proceed without the responsible person, and he or she will be deemed to have waived his or her right to an administrative hearing. Notwithstanding this waiver and the time limits set forth in section 10-3-608, if service of the administrative citation is made by posting the citation on real property within the city in which the responsible person has a legal interest, and the responsible person provides verifiable and substantial evidence that removal of the administrative citation from the property by a third party caused the responsible person's failure to attend the scheduled hearing, the responsible person shall be entitled to an administrative hearing.

(b) If the hearing is to contest an administrative citation for a violation of 10-1-48, failure of the animal owner or responsible person to appear at the hearing, unless the hearing was continued by the animal services department prior to the hearing date, shall constitute abandonment and will require the citation fine to be paid. Failure of the complainant to appear at the hearing, unless the hearing was continued by the animal services department, shall constitute abandonment of the complaint and shall be grounds for dismissal of the nuisance violation and citation. The complainant's failure to appear shall be noted and mailed to the animal owner and complainant.

(Ord. No. 2022-215, § 5, 6-7-22)

No later than 30 days after the date on which the administrative hearing concludes, the administrative hearing officer shall issue a written decision to uphold or cancel the administrative citation. The administrative hearing officer shall set forth the reasons for the decision. The decision shall be served upon the responsible person by the applicable method set forth in section 10-3-604. If the administrative hearing officer upholds the administrative citation, the city of Mission Viejo shall retain the fine deposited by the responsible person. If the administrative hearing officer cancels the administrative citation, any fine deposited with the citation processing center shall be promptly refunded. The administrative hearing officer's written decision is final, and shall notify the responsible person of his right to appeal as provided in section 10-3-615.

(Ord. No. 2022-215, § 5, 6-7-22)

The animal services department may collect any past-due administrative fine or late payment charges by use of any available legal means.

(Ord. No. 2022-215, § 5, 6-7-22)

Within 20 days after service of the decision of the administrative hearing officer upon the responsible person, he or she may seek review of the decision by filing a notice of appeal with the municipal court. The responsible person shall serve upon the city clerk of the city of Mission Viejo either in person or by first class mail a copy of the notice of appeal. If the responsible person fails to timely file a notice of appeal, the administrative hearing officer's decision shall be deemed confirmed.

(Ord. No. 2022-215, § 5, 6-7-22)

Failure to pay an administrative fine is a misdemeanor. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with the administrative order. The remedies and penalties provided in this section are cumulative and in addition to any other remedies available at law or in equity."

(Ord. No. 2022-215, § 5, 6-7-22)