Mammoth Lakes Municipal Code Ch. 1.18 Civil Penalties

(a) The Town Council finds that there is a need for an alternative method of Code enforcement to the traditional civil, criminal or administrative abatement actions, to effect compliance with this Code, other codes adopted by the Town, and applicable State codes. The Town Council further finds that an appropriate alternative method of enforcement for Code violations is an administrative citation program as authorized by Government Code § 53069.4.

(b) The procedures established in this chapter shall be in addition to criminal, civil or administrative abatement or any other legal remedy established by law, which may be pursued to address violations of this Code, its adopted codes or applicable State codes.

(c) Use of this chapter shall be at the sole discretion of the Town.

(Code 1990, § 8.32.010; Ord. No. 12-01, § 7(exh. B), 3-7-2012)

The following words, terms and phrases, when used in Sections 1.18.010 through 1.18.110, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative citation means the written notice provided to a responsible person to inform that person of a violation of this Code, its adopted codes or applicable State codes.

Enforcement officer means any officer or employee, including designee, with the authority to enforce this Code, its adopted codes or applicable State codes.

Hearing officer means the hearing officer or officers appointed by the Town Manager. The hearing officers may be a Town employee, but in that event the hearing officers shall not have had any responsibility for the investigation, prosecution or enforcement of this chapter and shall not have had any personal involvement in the proceeding to be heard within the past 12 months or possess any disqualifying interest in the outcome of the proceeding. In the event more than one person is appointed hearing officer for a proceeding, all decisions shall be made by a majority vote of all hearing officers.

Non-emergency health or safety violation means a violation of any building, plumbing, electrical or other similar structural or zoning ordinance which does not create an immediate danger to health or safety.

Responsible person means either of the following:

(1) Any individual or legal entity who is the owner, tenant, co-tenant, lessee, sub-lessee, occupant or other person with any right to possession of the real property, owner or authorized agent of any business, company or entity, or the parent or the legal guardian of any person under the age of 18 years, who causes, permits or maintains a violation of this Code, its adopted codes or applicable State codes.

(2) Any individual, legal entity or the parent or the legal guardian of any person under the age of 18 years, who causes, permits or maintains a violation of this Code, its adopted codes or applicable State codes.

(Code 1990, § 8.32.020; Ord. No. 12-01, § 7(exh. B), 3-7-2012)

(a) Any responsible person violating any provision of this Code, its adopted codes or applicable State codes may be issued an administrative citation by an enforcement officer as provided in this chapter. A violation of this Code includes, but is not limited to, all violations of this Code, other codes adopted by the Town Council, applicable State codes, or failure to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this Code.

(b) Each day or portion thereof that a violation described in Subsection (a) of this section exists constitutes a separate and distinct offense.

(c) A civil fine shall be assessed by means of an administrative citation issued by an enforcement officer and shall be payable directly to the Town.

(d) Except where otherwise provided in this Code, fines for offenses, which are punishable as infractions, shall be assessed in the amounts specified by resolution of the Town Council, or where no amount is specified, fines shall be assessed in an amount not exceeding:

(1) $100.00 for a first violation;

(2) $200.00 for a second violation of the same provision (other than a Building and Safety Code provision) within one year, and $500.00 for a violation of a Building and Safety Code provision;

(3) $500.00 for each additional violation of the same provision (other than a Building and Safety Code provision) within one year, and $1,000.00 for a violation of a Building and Safety Code provision.

(e) Except where otherwise provided in this Code, fines for offenses, which are punishable as misdemeanors, shall be assessed in the amounts specified by resolution of the Town Council, or where no amount is specified, fines shall be assessed in an amount not exceeding $1,000.00 per violation.

(Code 1990, § 8.32.030; Ord. No. 12-01, § 7(exh. B), 3-7-2012)

An administrative citation on a form approved by the Town Manager shall be issued to the responsible person by an enforcement officer for violations of this Code, other codes adopted by the Town Council, or applicable State codes in the following manner:

(1) Personal service. The enforcement officer shall attempt to locate and personally serve the responsible person and, if possible, obtain the signature of the responsible person on the administrative citation. If the served responsible person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.

(2) Service of citation by mail.

a. 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 return receipt requested. Simultaneously, the administrative citation may be sent by first class mail.

b. Service by mail shall be sent to the responsible person's address as shown on public records or as known to the Town. If the administrative citation is sent by certified mail and returned unsigned, then service shall be deemed effective by first class mail, provided the administrative citation sent by the first class mail is not returned.

c. Service of the administrative citation shall be deemed effective three days following deposit of such citation in the U.S. mail.

(3) Service of citation by posting notice.

a. If the enforcement officer does not succeed in serving the responsible person personally or by certified or first class mail, the enforcement officer shall post the administrative citation in a conspicuous location on any real property within the Town in which the Town has knowledge that the responsible person has a legal interest.

b. Posting of the administrative citation shall be deemed effective service as of the date that the citation is actually posted.

(Code 1990, § 8.32.040; Ord. No. 12-01, § 7(exh. B), 3-7-2012)

Each administrative citation shall contain the following information:

(1) Date, approximate time and address or definite description of the location where the violations was observed;

(2) The Code sections or conditions violated and a description of the violations;

(3) A description of the action required to correct the violations;

(4) An order to the responsible person to correct the violations by a correction date and an explanation of the consequences of failure to correct the violations;

(5) The amount of the fine for the violations;

(6) An explanation of how the fine shall be paid, the deadline by which it shall be paid, and the place to which the fine shall be paid;

(7) An order prohibiting the continuation or repeated occurrence of the Code violations described in the administrative citation;

(8) Identification of rights of appeal, including the time within which the administrative citation may be contested and the place to obtain a notice of appeal and request for hearing form to contest the administrative citation; and

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

(Code 1990, § 8.32.050; Ord. No. 12-01, § 7(exh. B), 3-7-2012)

(a) Upon receipt of an administrative citation, the responsible person shall do the following:

(1) Remedy the violation if the violation is of such a nature that it can be remedied. If a non-emergency health or safety violation is corrected before the correction date provided on the administrative citation, no fine shall be imposed.

(2) Pay the fine to the Town within 15 calendar days from the correction date on the administrative citation. Payment of a fine shall not excuse or discharge the failure to correct the violations nor shall it bar further enforcement action by the Town.

(b) If the responsible person fails to correct the violations set forth in the administrative citation, subsequent administrative citations may be issued for the same violations. The amount of the fine for failure to correct the violation shall increase at the rate specified in Section 1.18.030, if applicable.

(Code 1990, § 8.32.060; Ord. No. 12-01, § 7(exh. B), 3-7-2012)

(a) Any recipient of an administrative citation may contest that there was a violation of this Code or that such person is the responsible person by completing a notice of appeal and request for hearing form and filing it with the Town Clerk within ten calendar days from the date of issuance of the administration citation, together with an advance deposit of the total amount of the fine, or the timely filing of a request for an advance deposit hardship waiver form pursuant to Section 1.18.080. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violations or that there was no violations as charged in the administrative citation.

(b) In addition to the requirements listed in Subsection (a) of this section, any appeal of the administrative citation shall include a detailed written explanation as to the grounds for appeal of the administrative citation. Any appeal shall be limited to such written grounds.

(c) Appeals of administrative citations shall be conducted pursuant to the following procedures:

(1) A hearing shall be set for a date that is not less than 15 days and not more than 90 days from the date that the request for hearing is filed in accordance with the provisions of this chapter. No additional fines for the underlying alleged violation shall accrue during the pendency of the hearing.

(2) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.

(3) The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

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

(Code 1990, § 8.32.070; Ord. No. 12-01, § 7(exh. B), 3-7-2012)

(a) Any person who intends to request a hearing to contest an administrative citation and who is financially unable to make the advance deposit of the fine may file a request for an advance deposit hardship waiver form, available from the Town Clerk.

(b) The request shall be filed with the Town Clerk within five days of the date of the issuance of the administrative citation.

(c) The requirement of depositing the full amount of the fine as described in Section 1.18.070 shall be stayed unless or until the Town Manager makes a determination not to issue the advance deposit hardship waiver.

(d) The Town Manager may waive the requirement for advance deposit only if the cited party submits to the Town Manager a declaration under penalty of perjury supported by evidence that shows to the Town Manager's reasonable satisfaction that such party is financially unable to deposit the total amount of the fine in advance of the hearing.

(e) If the Town Manager determines not to issue an advance deposit hardship waiver, the cited party shall remit the deposit to the Town within five days of the date of that decision or 15 days from the date of issuance of the administrative citation, whichever is later.

(f) The Town Manager shall list the reasons for granting or not granting an advance deposit hardship waiver in writing and serve it on the cited party. The Town Manager's decision is final.

(Code 1990, § 8.32.080; Ord. No. 12-01, § 7(exh. B), 3-7-2012)

(a) The hearing officer shall make the decision within a reasonable time after the hearing. If the hearing officer determines that the administrative citation should be upheld, then the Town shall retain the fine amount on deposit with the Town.

(b) If the hearing officer determines that the administrative citation should be upheld, and the fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set a fine payment schedule for the payment of the fine and shall remind the violator of the obligation to correct the violation as applicable. As appropriate, the hearing officer may prescribe a reasonable time for the violator to cure the violation.

(c) If the hearing officer determines that the administrative citation should be canceled and the fine was deposited with the Town, then the Town shall promptly refund the amount of the deposited fine.

(Code 1990, § 8.32.090; Ord. No. 12-01, § 7(exh. B), 3-7-2012)

(a) The failure of any person to pay the civil fines assessed by an administrative citation within the time specified on the citation may result in the matter being referred to the Town Attorney to file a claim with the applicable court. Alternatively, the Town may pursue any other legal remedy to collect the civil fines, including, but not limited to, a lien pursuant to Section 8.24.110 or special assessment pursuant to Section 8.24.120.

(b) Any person who fails to pay to the Town any fine imposed pursuant to this chapter on or before the date that fine is due also shall be liable for the payment of a onetime late payment charge in the amount of $25.00, plus interest at the maximum rate permitted by law. The late charge and interest imposed by this subsection shall apply to each individual fine for any violation of this Code.

(c) The payment of any administrative fine shall not excuse or otherwise provide any defense to the continued violation of any provision of this Code.

(Code 1990, § 8.32.100; Ord. No. 12-01, § 7(exh. B), 3-7-2012)

(a) The administrative citation and all notices to be given by this chapter shall be served on the responsible person in accordance with the provisions of Section 1.18.040.

(b) Failure to receive actual notice specified in this chapter does not affect the validity of proceedings conducted hereunder.

(Code 1990, § 8.32.110; Ord. No. 12-01, § 7(exh. B), 3-7-2012)

Sections 1.18.120 through 1.18.230 govern the procedures relating to the issuance and recordation of administrative notices of violation.

(Code 1990, § 8.32.190; Ord. No. 93-12, § 1, 1993)

(a) The Council finds and determines that there is a need for alternative methods of enforcement for violations of this Code which are found to exist on real property. The Council further finds and declares that an appropriate method of enforcement for this type of violation is the issuance and recordation of notices of violation.

(b) The procedures established in this section shall be in addition to criminal, civil or any other remedy established by law which may be pursued to address violations of this Code.

(Code 1990, § 8.32.200; Ord. No. 93-12, § 1, 1993)

The following words, terms and phrases, when used in Sections 1.18.120 through 1.18.230, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Director means and includes the Director of the following departments: planning, building, public works, finance, police, parks and recreation, animal control, and any other designated agents or representatives.

Financial institution means any entity or person that holds a recorded mortgage or deed of trust on the property in violation.

Notice of violation means a written notice prepared by the Director's enforcement staff containing the following information:

(1) The name of the property's owner of record;

(2) Street address;

(3) Code sections in violation;

(4) General description of the property's condition which violates the applicable codes;

(5) General list of necessary corrections to bring the property into compliance with this Code;

(6) Deadline or specific date to correct the violations listed on the notice of violation;

(7) Fines, penalties, associated fees, costs and interest;

(8) Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline, including, but not limited to, criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, recordation of the notice of violation and withholding of future municipal permits.

Property owner means the record owner of the real property based on the County Assessor's records and/or persons in possession of the property, i.e., leaseholders, when applicable.

(Code 1990, § 8.32.210; Ord. No. 93-12, § 1, 1993)

(a) Once the Director has issued one or more notices of violation and the property remains in violation after the deadline established in the latest notice of violation, the Director may record a notice of violation with the County Recorder's office.

(b) Before recordation, the Director shall provide to the property owners, and any applicable financial institution, a letter informing these parties that a notice of violation will be recorded unless one of the parties files a written request to appeal pursuant to the procedures outlined in Section 1.18.170.

(c) The Director shall serve this letter by any one of the following means:

(1) Personal service;

(2) Certified mail, postage prepaid, return receipt requested; or

(3) Posting the letter conspicuously on or in front of the property on which the violation is located.

Service by certified mail in the manner described above shall become effective on the date of mailing. Service by personal service or posting shall become effective on the date of personal service or posting.

(d) If the Director does not receive the written request to appeal within the prescribed time period, the Director shall record the notice of violation if any of the listed violations remain.

(e) The recorded notice of violation shall include the name of the property owner or owners and any affected financial institution (if known), assessor's parcel number, the parcel's legal description, and a copy of the latest notice of violation.

(Code 1990, § 8.32.215; Ord. No. 93-12, § 1, 1993)

A copy of the recorded notice of violation shall be served upon the property owners and applicable financial institutions pursuant to the procedures in Section 1.18.150(c).

(Code 1990, § 8.32.220; Ord. No. 93-12, § 1, 1993)

(a) The property owners or financial institution may challenge the recording of the notice of violation within ten calendar days of the effective date of service of the letter required in Section 1.18.150(c) by filing a written appeal, including any required appeal fees, with the Director.

(b) The Director shall either request the Town Manager to appoint a hearing officer or schedule this appeal before an appropriate departmental hearing or appeal board. Written notice of the date, time and place of the hearing shall be served upon the appellant at least ten calendar days prior to the date of the hearing by any one of the methods listed in Section 1.18.150(c).

(c) The failure of any person to file an appeal in accordance with these provisions shall constitute a waiver of the right to an administrative hearing and shall not affect the validity of the recorded notice of violation.

(Code 1990, § 8.32.230; Ord. No. 93-12, § 1, 1993)

(a) The Hearing Officer or Board shall consider any written or oral evidence regarding the existence of the violations, any notices issued, the recordation procedures and other relevant testimony.

(b) These hearings shall be conducted consistent with regulations as issued by the Town Manager or set forth by the appropriate board.

(c) The Hearing Officer or Board shall review all evidence and testimony presented to determine whether or not recordation of the notice of violation is proper pursuant to these sections. If the Hearing Officer or Board determines that recordation is improper, the Hearing Officer or Board shall order the Director not to record the notice of violation.

(d) The decision of the Hearing Officer or Board shall be the final administrative order and becomes effective immediately. A copy of the Hearing Officer's or the Board's decision shall be served on the property owners or financial institution in the manner provided in Section 1.18.150(c).

(Code 1990, § 8.32.240; Ord. No. 93-12, § 1, 1993)

(a) Recordation of the notice of violation shall provide the property owner and successors in interest with constructive notice of the Code violations specified therein.

(b) The failure of any person with a financial, ownership or equitable interest in the property to receive such notice shall not affect the validity of the recorded notice or any proceedings taken under this section.

(Code 1990, § 8.32.250; Ord. No. 93-12, § 1, 1993)

If no written request to appeal has been timely filed or after an appeal hearing which confirms the Director's decision to record, the Town may withhold permits for any alteration, repair or construction pertaining to any existing or new structures or signs on the property, or any permits pertaining to the use and development of the real property or the structures. The Town may withhold such permit until a notice of compliance has been issued by the Director, except permits which are necessary to obtain the notice of compliance or which are necessary to correct serious health and safety violations.

(Code 1990, § 8.32.260; Ord. No. 93-12, § 1, 1993)

(a) When the violations listed on the notice of violation and any other existing violations have been corrected, the property owners or financial institution may file with the Director a written request for a notice of compliance.

(b) Once the Director receives this request, a reinspection shall be performed within ten working days to determine whether all necessary permits have been issued and final inspections have been performed.

(c) The Director shall issue and serve a notice of compliance to the property owners or financial institution in the manner provided in Section 1.18.150(c) if the Director determines that:

(1) All violations listed in the recorded notice of violation have been corrected;

(2) The property complies with the applicable Code provisions;

(3) All necessary permits have been issued and finalized; and

(4) The party requesting the notice of compliance has paid an administrative fee to reimburse the Town for all administrative costs and expenses incurred in the investigation, inspection, reinspection, title searches, appeal hearing, and any other processing costs and fines associated with the violations specified on the notice of violation and simple interest thereof at 1½ percent per month or portion thereof.

a. Such interest shall accrue from the time of recordation of the notice of violation until the issuance of the notice of compliance. The Director shall establish this fee based on salaries, costs and overhead applicable at the time the costs and expenses are incurred by the Town.

b. The Director is authorized to impose reasonable conditions upon the issuance of the notice of compliance in order to ensure compliance with this Code.

(d) If the Director denies the request for a notice of compliance, a written denial, containing the reasons for the denial, shall be served upon the property owners or financial institution in the same manner as outlined in Section 1.18.150(c).

(Code 1990, § 8.32.270; Ord. No. 93-12, § 1, 1993)

Upon request by the property owners or financial institution, the Director shall record the notice of compliance with the County Recorder's office. A recordation fee shall apply. If the property owners or financial institution request a notice of compliance pursuant to Section 1.18.210 but do not request the Director to record such notice, it shall be the responsibility of the property owners or financial institution to record such notice. Recordation of the Town-approved notice of compliance shall have the effect of canceling the recorded notice of violation.

(Code 1990, § 8.32.280; Ord. No. 93-12, § 1, 1993)

(a) If the Director denies the request for a notice of compliance, the property owners or financial institution may appeal such denial by filing written request to appeal with the Director within ten calendar days from the date of the service of the Director's written denial. The Director shall request the Town Manager to appoint a hearing officer or may utilize an appropriate departmental hearing or appeals board to fix the date, time and place of the hearing. Written notice of the date, time and place of the hearing shall be served upon the property owner or responsible party at least ten calendar days prior to the date of the hearing by any of the methods listed in Section 1.18.150(c).

(b) The hearing officer or board shall consider any written or oral evidence regarding the denial of the notice of compliance, including the appropriate Code sections, the violations, the efforts to bring the property into compliance and all other relevant evidence. The property owners or financial institution may present testimony or evidence concerning the violations and the means and timeframe used to correct the violations.

(c) These hearings shall be conducted consistent with regulations as issued by the Town Manager or as set forth by the appropriate hearing board.

(d) The hearing officer or board shall review all of the evidence and testimony presented to determine whether or not the Director's denial was reasonable and supported by sufficient evidence. If the hearing officer or board overrules the Director's denial, the hearing officer or board shall direct the issuance of the notice of compliance by the Director. The hearing officer or appropriate board has the authority to impose reasonable conditions upon the issuance of the notice of compliance in order to ensure compliance with this Code.

(e) This appeal is the final administrative remedy and becomes effective immediately.

(Code 1990, § 8.32.290; Ord. No. 93-12, § 1, 1993)