Lancaster Municipal Code Ch. 1.16 Administrative Remedies

A. This chapter shall be cited as the Administrative Remedies Ordinance.

B. The city council finds there is a need for an alternative method of enforcement for violations of this code. The city council finds an appropriate method of enforcement is through an administrative citation process.

C. The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of this code.

(Ord. 809 (part), 2002)

Any person violating provisions of this code may be issued an administrative citation by an enforcement officer as provided in Sections 1.16.060, 1.16.070 and 1.16.080 of this code.

(Ord. 809 (part), 2002)

The city manager or his designated representatives and enforcement officers shall diligently enforce the provisions of this chapter.

(Ord. 809 (part), 2002)

"City" means the city of Lancaster.

"Code" means the Lancaster Municipal Code, the Lancaster Zoning Code, or any law, rule, regulation, or code which is adopted by reference.

"Community service" means work performed for the benefit the community, including the participation in city-approved voluntary education and social service programs that cited persons may elect to perform as an alternative to paying the penalty.

"Enforcement officer" means any person authorized to enforce violations of this code.

"Hearing officer" means any person appointed by the city manager to preside over the administrative hearings provided for in Section 1.16.090 of this code.

"Party" means any natural person, firm, association, business, trust, organization, corporation, partnership, company or any other entity which is recognized by law as the subject of rights or duties.

"Penalty" shall include "civil penalty" and shall mean the amount assessed for violation of this code pursuant to the administrative citation.

"Person" means any natural person, firm, association, business, trust, organization, corporation, partnership, company or any other entity which is recognized by law as the subject of rights or duties.

"Respondent" means any person or entity who is the registered owner, property owner, legal owner, driver, operator, tenant, lessee or is otherwise liable for penalties in accordance with the applicable section of this code, and who contests or disputes liability for civil penalties.

"Responsible person" shall mean an owner of any property, a person who is responsible for control of the property or the condition of the property or a person who is responsible for repair or maintenance of the property.

(Ord. No. 1097, § 2(Exh. A), 1-10-2023; Ord. 809 (part), 2002)

A. Any person violating any provision of this code may be issued an administrative citation by an enforcement officer as provided in this chapter.

B. Each and every day a violation of any provision of this code exists constitutes a separate and distinct offense. Each section of this code which is violated constitutes a separate violation for any day at issue.

C. A civil penalty for violations of any provision set forth in this code may be assessed by means of an administrative citation issued by the enforcement officer and shall be payable directly to the city.

D. Civil penalties assessed by means of an administrative citation shall be due thirty (30) days from the date of the citation and will be collected in accordance with the procedures specified in this chapter.

(Ord. 809 (part), 2002)

A. Upon discovering or observing any violation of this code for which a civil penalty has been prescribed, the enforcement officer may issue an administrative citation to the violator or property owner in the manner prescribed in Section 1.16.070 of this code. The administrative citation shall be issued on a form prescribed by the city manager.

B. Any party responsible for a violation of this code shall be provided a notice of violation prior to the issuance of an administrative citation. The notice of violation shall specify the action required to correct or otherwise remedy the violation(s). Not less than twenty-four (24) hours shall be allowed from the date of the notice of violation for the party to correct or otherwise remedy the violation. The enforcement officer shall assign a specific reasonable period within which to correct or otherwise remedy each violation. The enforcement officer shall consider the cost of abatement or correction, the time required to obtain permits for correction, the time needed to obtain estimates, drawings and contracts for correction, time required for physical relocation of personal property and the time required to review submittals in determining the reasonable warning period to be assigned for each violation.

C. Failure to comply with any portion of a notice of violation may result in the issuance of an administrative citation.

D. The enforcement officer shall identify the responsible party. A responsible party shall be deemed to be the business or property owner or the person who is in immediate control of the premises or activity which constitutes a violation of this code.

E. Once the party responsible for the violation is identified, the enforcement officer may issue an administrative citation to that person or entity.

(Ord. 809 (part), 2002)

A. Service of an administrative citation may be accomplished as follows:

1. Personal service. The enforcement officer may obtain the signature of the responsible party to establish personal service of the citation. If the responsible party refuses or otherwise fails to sign the administrative citation, the lack of signature shall in no way affect the validity of the citation or the proceedings.

2. The enforcement officer may post the citation by affixing the citation to a surface in a conspicuous place on the property. Conspicuous posting of the citation is not required when personal service is accomplished or when conspicuous posting poses a hardship or is excessively expensive. Failure of a posted notice to remain in place after posting shall in no way affect the validity of the citation or the proceedings.

3. The enforcement officer may serve the citation by first class mail as follows:

a. The administrative citation shall be mailed to the responsible party or property owner(s) by first class mail, postage prepaid, with a declaration of service under penalty of perjury.

b. A declaration of service shall be made by the person mailing the administrative citation showing the date and manner of service by mail and reciting the name and address of the citation addressee.

c. The failure of any responsible party to receive a properly addressed citation shall not affect the validity of the notice.

d. Service of the administrative citation in the manner described above shall be effective on the date of mailing.

(Ord. 809 (part), 2002)

The administrative citation shall include all the following:

A. A brief description of the violation;

B. Date and location of the violation(s) and the approximate time the violation(s) was observed and/or committed;

C. Code section(s) violated;

D. Description of corrective action required;

E. A statement explaining that each day constitutes a new violation;

F. The amount of civil penalty imposed for the violation(s) as set forth in Section 1.12.020 of the Lancaster Municipal Code;

G. A statement advising that the fine shall be paid to the city within sixty (60) days from the date on the administrative citation, procedure for payment, and the consequences of failure to pay;

H. A statement describing the responsible party's rights of appeal;

I. Notice of the process for waiving or reducing payment requirements related to the citation; and

J. A link to the city's website including the online location of the ability to pay form.

(Ord. No. 1097, § 2(Exh. A), 1-10-2023; Ord. 809 (part), 2002)

A. Request for Initial Review of Administrative Citation.

1. A person who has been issued an administrative citation pursuant to this chapter may request an initial review of the citation by the city. The request shall be made in writing and shall state the reason(s) that the citation should be dismissed. The requestor shall include a copy of all pertinent evidence. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. The written request for an initial review must be received by the city clerk's office within fourteen (14) calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to contest the administrative citation; in this event, the citation is final and binding, and payment shall be due within sixty (60) calendar days from the date of the citation's issuance.

2. Upon timely receipt of a written request for an initial review of the administrative citation, the city manager or a person designated by the city manager to act as a reviewing officer shall conduct an initial review of the administrative citation, the written incident report or statement of facts, and the request for review and all evidence submitted with the request. The reviewing officer shall assess whether the evidence shows that the violation occurred and if any extenuating circumstances exist that warrant dismissal, and shall make a decision to preliminarily uphold or dismiss the citation. The reviewing officer shall notify the cited person of the decision in writing by mail and/or email within ninety (90) calendar days from the date of receipt of the request for initial review; provided, however, that the city manager or person designated by the city manager may extend the ninety (90) day deadline upon a finding of good cause.

B. Initial Review of Ability to Pay.

1. Indigency Waiver. The city will provide an ability to pay form on its website and make a physical copy of the form available at city hall and the public safety department office. The city shall waive the citation penalty, any late payment or collection fee, and the payment requirement to appeal for individuals who demonstrate they are indigent. The city will accept that a cited person is indigent if the person fits into one of the following three categories:

i. The person is "very low-income," as defined in Health and Safety Code section 50105;

ii. The person has qualified with another public agency to receive means-tested public benefits, including the following:

1. Supplemental security income or state supplemental payment.

2. Cash assistance program for immigrants ("CAPI").

3. CalWorks.

4. Medi-Cal.

5. General relief.

6. Temporary assistance for needy families ("TANF").

7. In-home supportive services ("IHSS").

iii. The person is "homeless," as defined by 24 C.F.R. section 578.3.

2. To establish eligibility for an indigency waiver, a cited person shall present one of the following forms of proof, dated within sixty (60) days before or after the date of the citation, establishing that they are indigent.

i. Evidence that a person is "very-low income" as defined in Health and Safety Code section 50105: (1) copy of pay stub; (2) copy of tax return; (3) W-2 form; or (4) statement of gross monthly income, signed under penalty of perjury;

ii. Evidence of receipt of means-tested public benefits: (1) benefit verification or "award" letter; (2) notice of action; (3) copy of benefits check stub; (4) Housing Authority of the City of Los Angeles (HACLA) voucher; (5) Medi-Cal card; (6) income and eligibility verification form issued by a public agency administering benefits; (7) monthly reporting form issued by a public agency administering benefits; or (8) benefits card;

iii. Evidence that a person is "homeless": (1) verification of homelessness from Los Angeles Homeless Services Authority; (2) documentation from a service provider demonstrating homelessness; (3) documentation from a shelter demonstrating homelessness; or (4) administrative citation in which the citing officer describes the cited person as "unhoused," "homeless," "transient," or some other term denoting homelessness.

3. The reviewing officer shall make a determination of whether or not the cited person has the ability to pay the full deposit to appeal an administrative citation based on the information provided in the statement of financial worth, and shall notify the cited person in writing by mail and/or email within ninety (90) calendar days from the date of receipt of the request for initial review; provided, however, that the city manager or person designated by the city manager may extend the ninety (90) day deadline upon a finding of good cause.

4. A previously-granted waiver of the payment requirement to appeal based on inability to pay will automatically qualify a cited individual for an indigency waiver of the citation penalty for the same administrative citation. The city will not require a cited individual to furnish documentation establishing inability to pay the same citation more than once.

5. A person for whom the determination has been made that the person does not have the ability to pay the full amount of the citation shall, no later than fourteen (14) calendar days from the date of the determination, coordinate with the department to enroll in and perform community service according to the manner set forth in Sections 1.16.040 and 1.16.095 of this Chapter.

(Ord. No. 1097, § 2(Exh. A), 1-10-2023; Ord. No. 1079(b), § 2(Exh. B), 2-23-2021)

A. Persons receiving an administrative citation may appeal it within ten (10) calendar days from the date the citation is served. The appeal must be in writing and must indicate a return address. It must be accompanied by the penalty amount, specifying the basis for the appeal in detail, and must be filed with the city as indicated in the administrative citation. If the deadline falls any day city hall is closed, then the deadline shall be extended until the next regular business day.

B. As soon as practicable after receiving the written notice of appeal, the city agency shall fix a date, time and place for hearing before a hearing officer. Written notice of the time and place for the hearing may be served by first class mail, at the return address indicated on the written appeal. Service of the appeal notice must be made at least ten (10) days prior to the date of the hearing to the party appealing the citation.

C. The failure of any person with an interest in the property, or other responsible party, to receive such properly addressed notice of the hearing shall not affect the validity of any proceedings under this chapter. Service by first class mail, postage prepaid shall be effective on the date of mailing.

D. Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person's rights to administrative determination of the merits of the citation and the amount of the penalty. If no appeal is filed, the citation shall be deemed a final administrative order.

E. A hearing officer shall be designated by the city manager for all appeal hearings under this chapter. The respondent may request the city manager recuse a hearing officer for reasons of actual prejudice against the party's cause. The hearing officer shall conduct an orderly fair hearing and accept evidence on which persons would commonly rely in the conduct of their ordinary business affairs as follows:

1. A valid citation shall be prima facie evidence of the violation;

2. The hearing officer shall accept testimony by declaration under penalty of perjury relating to the violation and the appropriate means of correcting the violation;

3. The owner, agent, person responsible for the violation, or any other interested person may present testimony or evidence concerning the violation and the means and time frame for correction.

F. The city manager shall establish all appropriate administrative regulations for implementing this chapter, conducting hearings and rendering decisions pursuant to this section.

G. The hearing officer may reduce, waive or conditionally reduce the penalties stated in a citation or any late fees assessed if mitigating circumstances are shown and the hearing officer states specific grounds for reduction or waiver in the written decision. The hearing officer may impose conditions and deadlines for correction of violations or payment of outstanding penalties.

H. The failure of the appellant or duly authorized representative to appear at the hearing shall constitute a forfeiture of the fine and a failure to exhaust the appellant's administrative remedies.

I. The hearing officer shall make findings based on the record of the hearing and make a written decision based on the findings. The city shall preserve all exhibits submitted by the parties and shall serve the decision by first class mail on the respondent within ten (10) working days after the hearing. The decision of the hearing officer dismissing the citation is final and conclusive. The decision of the hearing officer affirming the citation is final and conclusive, subject only to review by the superior court in accordance with state law pursuant to an appeal to superior court filed by the appellant within twenty (20) days of the date that the citation is deemed a final administrative order. There are no appeals to the city council.

(Ord. 809 (part), 2002)

A. As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service. The amount of hours of community service necessary to be performed for each violation is set forth in Section 1.12.020 of Chapter 1.12 of this Code. A cited person who has been granted an indigency waiver pursuant to Section 1.16.085 of Chapter 1.16 of this code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

B. In the event a person who has enrolled in community service fails or refuses to perform the community service in a timely and appropriate manner, as provided in any applicable rules, regulations, policies and procedures, the city may cancel the community service agreement and collect any unpaid balance of the administrative citation in accordance with Section 1.16.100 of this Chapter.

C. To ensure that community service alternatives to citation penalties are equally accessible to persons with disabilities, the city will provide reasonable accommodations. The city will adopt and maintain a process for receiving and addressing disability accommodation requests and grievances related to administrative citations.

(Ord. No. 1097, § 2(Exh. A), 1-10-2023; Ord. No. 1079(b), § 2(Exh. B), 2-23-2021)

A. Every person who violates any of the provisions of this chapter is guilty of an infraction and upon conviction is punishable as provided in Chapter 1.12 of the Lancaster Municipal Code or as otherwise provided in California Penal Code Section 374.4.

Violations of any of the provisions of this chapter may, in the alternative, be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the fee schedule in Section 1.12.020 of Chapter 1.12 of this Code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this code. A cited person who has been granted an indigency waiver pursuant to Section 1.16.085 of Chapter 1.16 of this code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

B. If the violator or property owner fails to correct the violation, subsequent administrative citations may be issued for the same violation(s).

C. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.

D. All penalties assessed shall be payable to the city.

E. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation pursuant to Section 1.16.080(g) shall result in the assessment of an additional late fee. The amount of the late fee shall not exceed thirty dollars ($30.00) per administrative citation.

F. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city. To enforce that debt, the city may file a civil action, impose a special assessment as set forth below, or pursue any other legal remedy to collect such money.

G. The city may impose a special assessment against the property that is the subject of a citation if the citation has been issued to the property owner. The city shall record a notice of lien in the office of the county recorder when the special assessment procedure is used. When so made and confirmed, the cost shall constitute a lien on that property for the amount of the assessment. After confirmation and recordation, a copy shall be turned over to the Los Angeles county tax collector. At that point, it will be the duty of the tax collector to add the amounts of the respective assessments to the next regular property tax bills levied against the lots and parcels of land for municipal purposes. Those amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes. Or, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.

(Ord. No. 1097, § 2(Exh. A), 1-10-2023; Ord. 809 (part), 2002)

Penalties collected in the manner described in this section shall be deposited in the general fund of the city.

(Ord. 809 (part), 2002)

Any administrative citation pursuant to this section shall not prejudice or adversely affect any other action, civil or criminal, that may be brought to abate the public nuisance or violation or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other process regarding the same public nuisance or violation.

(Ord. 809 (part), 2002)

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

(Ord. No. 1079(b), § 2(Exh. B), 2-23-2021)

The city manager, or city manager's designee is authorized to promulgate such rules, regulations, policies and procedures as may be necessary or convenient to implement this chapter.

(Ord. No. 1097, § 2(Exh. A), 1-10-2023)