Lomita Municipal Code Ch. 5 Administrative Citations and Penalties

(a) This chapter is adopted pursuant to the city's police powers and Government Code § 53069.4 for the purpose of making certain violations of the Lomita Municipal Code subject to an administrative fine and to set forth procedures for the imposition and collection of such fines.

(b) The purpose and intent of this chapter is to ensure the health, safety and welfare of the city's residents and to provide an efficient and cost effective method of enforcing the Lomita Municipal Code and the city's ordinances. The purpose and intent of the city's imposition of fines is to encourage compliance with and deter future violations of the Lomita Municipal Code.

(c) The administrative enforcement procedures set forth in this chapter are in addition to all other legal remedies, criminal or civil, which the city may choose to pursue. Nothing in this chapter is intended to, or does, supersede, replace or otherwise limit the now existing powers of the city to enforce its laws. The use of this chapter is at the sole discretion of the city.

(Ord. No. 769, § 1, 6-2-14)

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Administrative citation or citation means a citation issued pursuant to this chapter.

Day means a calendar day, unless otherwise specifically expressed.

Department director means the director or designee for the department responsible for issuing a citation pursuant to this chapter.

Enforcement officer means any police officer or city employee or agent of the city designated by the director of any city department who has the authority and responsibility to enforce the provisions of this Code as provided for herein.

Responsible person means the person(s) to whom an enforcement officer issued an administrative citation pursuant to this chapter, and includes 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 or her 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/or a person who is a lessee or sub lessee 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 on such premises.

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

Violation means any condition caused or permitted to exist in violation of any provision of this Code or any ordinance of the city or of any condition of any permit or license required by this Code and issued by the city. A violation may include failure to correct, abate or remove any condition expressly prohibited by this Code or any ordinance of the city or any such permit or license.

(Ord. No. 769, § 1, 6-2-14)

(a) In addition to any criminal, civil or other legal remedy established by this Code or other law that may be pursued to address violations of the municipal code, any violation of the Lomita Municipal Code is subject to the administrative penalty procedures and other provisions of this chapter.

(b) Use of the provisions of this chapter does not waive the city's ability to use any other enforcement remedies authorized by law.

(Ord. No. 769, § 1, 6-2-14)

(a) Issuing administrative citations. The following procedures shall be used in serving administrative citations:

(1) Personal service. In any case where an administrative citation is issued by personal service 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. If the responsible person served refuses or fails to sign the citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings. Additionally, service under this subsection is effective at the time the notice is personally served.

(2) Service of citation by mail. If the enforcement officer is unable to immediately issue the citation directly to 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 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. If the enforcement officer is unable to effectuate service of the citation under subsections (1) or (2) preceding, a copy of the citation may be posted on any real property within the city in which the city has a reasonable belief that the responsible person may be found or in which the responsible person has a legal interest. Service under this subsection shall be deemed effective on the date when such notice is posted.

(4) Service of citation by publication. If the enforcement officer is unable to serve the citation by any of the preceding methods, the citation may be published in a newspaper likely to give actual notice to the responsible person. The publication shall be once a week for four (4) successive weeks in a newspaper published at least once a week. Service under this subsection is deemed effective twenty-four (24) hours after the fourth weekly publication of the notice.

(b) The administrative citation shall contain the following information:

(1) The date the administrative citation is issued;

(2) The Code section(s) violated and a brief description of the conditions resulting in the violation(s);

(3) The date, approximate time, and address or description of the location where the violation(s) occurred;

(4) The amount of fine imposed for the violation;

(5) The manner by which the administrative citation may be paid, including location where payments may be tendered and the due date for paying the fine;

(6) A description of the penalties for failure to pay the fine;

(7) A deadline for any requested corrections of existing violations which triggered the issuance of the administrative citation;

(8) A brief description of the administrative citation review process, including the time within which the administrative citation may be contested and the manner in which a request for review of the citation may be requested;

(9) To the extent reasonably practical, the full legal name of the responsible person, the responsible person's current residential address and mailing address, the responsible person's telephone number and the responsible person's signature;

(10) An order prohibiting the continued or repeated occurrence of the violation described in the administrative citation; and

(11) The name of the enforcement officer.

(Ord. No. 769, § 1, 6-2-14; Ord. No. 846, § 3(A), 3-21-23)

Upon receipt of an administrative citation, the responsible person must do one of the following:

(a) Pay the fine. Any responsible person is subject to the payment of fines as set out in the penalty schedule for administrative fines as adopted by city council resolution. An administrative penalty may be assessed by means of an administrative citation issued by an enforcement officer, and is payable directly to the city's finance director, or his or her designee. A portion of each penalty constitutes reimbursement for the city's administrative expenses in issuing and processing the citation. Penalties must be collected in accordance with the procedures specified in this chapter. Payment of a penalty does not excuse the failure to correct the violation, nor does it bar further enforcement action by the city. In the case of violations of the building, plumbing or electrical codes, or Title X of this Code, an administrative citation cannot be issued until after the responsible person is provided notice and a reasonable opportunity to correct the violation, and failed to do so.

(1) Payment of administrative fines. An administrative citation fine must be paid to the city within thirty (30) days from the date of the administrative citation fine or, if a request for an initial administrative review is submitted and the review is upheld, the fine must be paid within fifteen (15) days after the conclusion of that initial administrative review.

(2) Delinquency penalty. Any responsible person who fails to pay to the city the amount of any fine imposed pursuant to the provisions of this section, is liable for the payment of an additional delinquency penalty. The delinquency penalty is equal to one hundred (100) percent of the amount due to the city not to exceed one hundred dollars ($100.00), or if a portion of the fine amount was timely paid one hundred (100) percent of the amount of the fine remaining unpaid to the city not to exceed one hundred dollars ($100.00).

(3) Failure of any person to pay the fines assessed by an administrative citation may result in the matter being referred for collection which may include, without limitation, the filing of a small claims court action.

(b) Remedy the violation within the time given. If the violation is of a continuing nature that can be remedied and is deemed by the enforcement officer not to create an immediate danger to health and safety and was corrected within the time specified by the city, no fine shall be imposed; or

(c) File an administrative review. An administrative review shall be filed in accordance with the time limits and other provisions of section 1-5.07. In the event the responsible person fails or refuses to select and satisfy any of the alternatives set forth above, then the penalty shall be immediately due and owing to the city and may be collected in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquent penalty shall not preclude issuance of additional citations to the responsible person should the violations persist.

(Ord. No. 769, § 1, 6-2-14; Ord. No. 846, § 3(B), 3-21-23)

If an enforcement officer issues an administrative citation because the responsible person lacks a required permit or license required by this Code, and the fine is delinquent, the city shall not issue the permit or license, until the delinquent fine, and any applicable penalties and interest, is paid. Similarly, no permit or license shall be renewed until any and all outstanding administrative citations have been paid in full, regardless of the violation which triggered the administrative citation.

(Ord. No. 769, § 1, 6-2-14)

(a) Initial administrative review—Request. The responsible person may request an initial administrative review of the citation within fifteen (15) days of its issuance by submitting an online request as directed on the issued citation. This request must be made in writing and set forth with particularity the reasons the responsible person believes a violation did not occur or that the responsible person was not responsible for the violation(s); must include a copy of the citation; and contain the address to which the conclusions of the city's review should be mailed. A request for an initial administrative review is a mandatory prerequisite to a request for an administrative hearing.

(b) Initial administrative review-Procedure. The initial administrative review request shall be forwarded to the department director supervising the enforcement officer who issued the administrative citation for review.

(c) Initial administrative review—Decision.

(1) Within fifteen (15) days upon receiving the request, the department director shall review the request and provide the city clerk, or his or her designee, with written notification that:

a. The citation should be vacated because there was no violation, or the responsible person was not responsible for the violation, and setting forth the basis for that conclusion; or

b. There is no justification found for vacating the citation; or

c. a reduction in fine amount for a violation justified by meaningful progress per department director supervising the enforcement officer who issued the administrative citation for review.

(2) A copy of the decision shall be mailed to the responsible person at the address on the request for initial administrative review along with a notice establishing the fine due date and the procedure for requesting an administrative hearing.

(d) Request for hearing. If the responsible person wishes to contest the conclusion of the initial administrative review, the responsible person shall request an administrative hearing within fifteen (15) days after the date the city served the responsible person with notice of the initial administrative review decision. Requests must be submitted online as directed by the issued citation and be accompanied by an advance deposit of the fine.

(1) Hardship waiver. Any responsible person who requests a hearing to contest an administrative citation and who is financially unable to deposit the fine amount may file a request for an advance deposit hardship waiver. The request shall be filed with [the] city clerk on an advance deposit hardship waiver application form, available from the city, no later than ten (10) days after service of the administrative citation. The city manager or his or her designee may issue an advance deposit hardship waiver only if the person requesting the waiver submits to the city manager or his or her designee a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the city manager or his or her designee the person's financial inability to deposit with the city the full amount of the fine in advance of the hearing. Written proof of financial hardship, at a minimum, must include tax returns, financial statements, bank account records, salary records or similar documentation demonstrating that the responsible person is unable to deposit the fine. The city manager or his or her designee shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be final and shall be served upon the person requesting the waiver in person, by first class mail, or similar method of delivery. If the city manager or his or her designee determines that the waiver is not warranted, the person shall remit the full amount of the fine as a deposit within ten (10) days of mailing/sending of the decision. If the full amount of the fine is not deposited within the ten (10) day period, the request for hearing shall be deemed incomplete and waived, and the citation shall be deemed final. The fine shall be immediately due and owing to the city and may be collected in any manner allowed by law for collection of a debt.

(e) Notification of hearing. Upon receipt of the payment of the administrative fine and request for a hearing, the city shall give notice to the responsible person of the time, date, and location of the hearing. The hearing shall be held not less than fifteen (15) days nor more than sixty (60) days after the receipt of the request. Any documentation, other than the administrative citation, that the enforcement official has submitted or will submit to the hearing officer shall be sent to the responsible person by regular first-class mail at least five (5) days before the date on which the hearing is scheduled. The documentation shall be made available upon request at the time of the hearing.

(f) Selection of hearing officer. The city manager may designate the hearing officer for the administrative citation hearing by appointment, contract, or through an administrative citation processing service. The hearing officer must be selected in a manner that avoids the potential for pecuniary or other bias.

(g) Evidentiary rules. The city bears the burden of proving a violation of the Code by a preponderance of the evidence. The administrative citation and any additional reports submitted by the enforcement official constitutes prima facie evidence of the respective facts contained in those documents. Both the responsible person and the enforcement officer have the opportunity to testify, cross-examine witnesses and present additional evidence concerning the administrative citation. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. Formal rules of evidence do not apply, but all evidence presented must be relevant and material to the issues of whether the violation alleged in the citation occurred or whether the responsible person was responsible for the violation.

(h) Waiver of personal appearance at hearing. In lieu of personally appearing at an administrative hearing, the responsible person may request that the hearing officer decide the matter based upon the citation itself and written argument and any documentary evidence signed under penalty of perjury submitted prior to the time of the scheduled hearing by the responsible person.

(i) Failure to appear at hearing. Failure of a responsible person to appear at the hearing is deemed a waiver of the right to be personally present at the hearing. The hearing officer may then decide the matter based upon the citation itself, any documentary evidence previously submitted, and any additional evidence that may be presented at the hearing by the enforcement officer.

(j) Attendance of enforcement officer. The enforcement officer who issued the administrative citation may, but is not required to, attend the administrative hearing. If the enforcement officer does not attend, the enforcement officer may before the hearing date submit reports, photos, or other documentation regarding the violation to the hearing officer for consideration at the hearing.

(k) Continuation of hearings. The hearing officer may continue any hearing and request additional information from the enforcement officer or responsible person before issuing a written decision.

(l) Decision of hearing officer. Based upon the evidence presented, the hearing officer shall provide a written decision to the parties within fifteen (15) days of the hearing with one of the following determinations:

(1) Determine that the violation for which the citation was issued occurred and impose a fine in the amount set forth in the fine and penalty schedule, and if the violation has not been corrected as of the date of the hearing, order correction or abatement of the violation. In this event, the city can retain the fine deposited by the responsible person.

(2) Determine that the violation for which the citation was issued occurred, but that the responsible person has introduced credible evidence of mitigating circumstances warranting imposition of a lesser fine than that prescribed in the fine and penalty schedule, or no fine at all, and impose such lesser fine, if any; and if the violation has not been corrected as of the date of the hearing, order correction or abatement of the violation. In this event, the city can retain all or a portion of the fine deposited by the responsible person as applicable.

(3) Determine that the violation for which the citation was issued did not occur or that the condition did not constitute a violation of this Code, or that the person cited was not the responsible person. In this event, the city shall refund the deposit, if any, within fifteen (15) days of the decision. A finding by the hearing officer that no violation occurred constitutes a dismissal of the administrative citation at issue but does not have any effect on any other administrative citations issued or any other action taken by the city.

(m) The administrative hearing officer's decision must explain the basis for the decision and be served upon the responsible person by first class mail to the address stated on the request for hearing form. If applicable, the order must set forth the date by which compliance must be achieved and the imposed fine paid to the city. The order is final on the date of mailing, which is deemed the "date of service," and must notify the responsible person of the right to appeal to the superior court, as further described in section 1-5.08. There is no right to an appeal other than as provided in section 1-5.08. The administrative hearing officer's decision shall be the final administrative order and decision pursuant to Government Code section 53069.4(b).

(Ord. No. 769, § 1, 6-2-14; Ord. No. 846, § 3(C, D), 3-21-23; Ord. No. 858, § 3, 10-17-23)

If an administrative order is rendered in favor of the city, the responsible person may seek judicial review of the administrative order in the Los Angeles County Superior Court, by filing an appeal of the administrative order pursuant to, and paying the fee required by, Government Code § 53069.4 within twenty (20) days after service of the administrative order. Pursuant to Government Code § 53069.4, the appealing party must serve a copy of the notice of appeal in person or by first-class mail upon the city clerk. If no notice of appeal is filed within the twenty-day period, the decision is final.

(Ord. No. 769, § 1, 6-2-14)

Recovery of administrative citation fines and costs. In addition to any other legal remedy, the city may pursue collection of delinquent citations, including penalties and interest, by all legal means including, but not limited to, initiation of a collection action with the superior court or sending the amount to other collection services.

(Ord. No. 846, § 3(C, D), 3-21-23)

Editor's note— Ord. No. 846, § 3(E), adopted March 21, 2023, amended § 1-5.09 in its entirety, in effect repealing and reenacting said § 1-5.09 to read as set out herein. The former § 1-5.09, pertained to collection and lien procedures and derived from Ord. No. 769, § 1, adopted June 2, 2014.

In the absence of a timely appeal to the superior court, failure to comply with a final administrative order directing the abatement of a continuing violation by the date specified in the order is a misdemeanor offense for each day thereafter, or any portion thereof, that the violation is maintained or permitted. In the event of a timely appeal to the superior court pursuant to section 1-5.08, and provided the city prevails thereon, the responsible person shall be guilty of a misdemeanor offense for each day, or any portion thereof, that a continuing violation is maintained or permitted after a court ordered abatement date. Filing a misdemeanor action does not preclude the city from pursuing any other remedies to gain compliance provided in this Code or under state law. For purposes of this chapter, a "continuing violation" shall mean a single, ongoing condition or activity in violation of the Municipal Code.

(Ord. No. 769, § 1, 6-2-14)