Montclair Municipal Code Ch. 1.04 Administrative Citations

This chapter provides for administrative citations that are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this Code.

(Prior code § 1-6.01)

A. Whenever an Enforcement Officer charged with the enforcement of any provision of this Code determines that a violation of that provision has occurred, the Enforcement Officer shall have the authority to issue an administrative citation to any person responsible for causing, creating, maintaining, suffering, or permitting the violation (whether as an owner or tenant, or agent, manager, or representative of the owner or tenant, or otherwise).

B. In the event the Enforcement Officer determines that a violation constitutes a continuing violation that pertains to building, plumbing, electrical, or other similar structural or zoning issues which do not create an immediate danger to health or safety, the person responsible for such continuing violation shall be given a reasonable period of time, not to exceed 30 calendar days, to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties.

C. Each administrative citation shall contain the following information:

1. The date of the violation(s);

2. The name and address of the responsible person;

3. The address or a definite description of the location where the violation(s) occurred;

4. The section(s) of this Code or any other applicable State statute(s) violated and a brief description of the violation(s);

5. A description of the action(s) required to correct the violation(s), and, if applicable, any deadlines or time limitations for commencing and completing such actions;

6. The amount of the fine for each of the code violation(s);

7. A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;

8. An order prohibiting the continuation or the repeated occurrence of the Code violation(s) described in the administrative citation;

9. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained;

10. A statement that the failure to timely tender the fine(s) and other fees, costs, and/or charges imposed pursuant to this chapter may result in the recordation of a lien and/or the delay in issuance or renewal of any City license and/or permit;

11. The name and signature of the citing Enforcement Officer.

(Prior code § 1-6.03)

(Ord. No. 09-910, § 1, 11-16-09)

A. The amount of the fine for Code violations imposed pursuant to this chapter shall be set forth in the schedule of fines established by resolution of the City Council.

B. The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same responsible person within a 36-month period of time, or, for those violations that would otherwise have constituted infractions, within a 12-month period of time.

C. The schedule of fines shall specify the amount of any late payment charges imposed for the payment of fines after its due date.

D. In addition to any fine imposed pursuant to this chapter, a reinspection fee shall be assessed against any responsible person in an amount established by resolution of the City Council if the responsible person does not timely and completely correct or abate a violation (with all requisite approvals, permits, licenses, and/or inspections) after having received notification from the City to correct or abate same.

(Prior code § 1-6.04)

(Ord. No. 09-910, § 2, 11-16-09)

A. The fine shall be paid to the City within 30 calendar days from the date of the administrative citation.

B. Any administrative citation fine paid pursuant to subsection A of this section shall be refunded in accordance with Section 1.04.090(D), if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

C. Payment of the fine under this chapter shall not excuse or discharge any continuation or repeated occurrence of the Code violation that is the subject of the administrative citation.

D. The City shall use all available legal means to collect past due fines and other related costs.

(Prior code § 1-6.05)

A. Any recipient of an administrative citation may contest its validity by completing a request for hearing form and returning it to the City within 15 calendar days from the date of the administrative citation, together with an advance deposit of the fine or notice that an advance deposit hardship waiver has been filed in accordance with Section 1.04.060.

B. A request for hearing form or an advance deposit hardship waiver form may be obtained from the Code Enforcement Division of the Montclair Fire Department during normal City business hours.

C. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 calendar days prior to the date of the hearing.

D. If the Enforcement Officer submits an additional written report concerning the administrative citation to the Hearing Officer for consideration at the hearing, a copy of this report shall also be served on the person requesting the hearing at least five calendar days prior to the date of the hearing.

(Prior code § 1-6.06)

A. Any person who intends to request a hearing, and who is financially unable to make the advance deposit of the fine as required in Section 1.04.050(A) may file a request for an advance deposit hardship waiver.

B. The request shall be filed with the City Manager on an advance deposit hardship waiver form within 10 calendar days of the date of the administrative citation.

C. The requirement of depositing the full amount of the fine as described in Section 1.04.050(A) shall be stayed unless or until the City Manager or his or her designee makes a determination not to issue the advance deposit hardship waiver.

D. The City Manager or his/her assigned designee may waive the requirement of the advance deposit set forth in Section 1.04.050(A) and issue the advance deposit hardship waiver only if the cited person submits to the City Manager or his or her designee a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the City Manager, or assigned designee, the person's actual financial inability to deposit with the City the full amount of the fine in advance of the hearing.

E. If the City Manager, or his/her assigned designee, determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the City within 10 calendar days of the date of that decision or 30 calendar days from the date of the administrative citation, whichever is later. Determination of the City Manager shall be final.

(Prior code § 1-6.07)

The City Manager shall designate the Hearing Officer for the administrative citation hearing.

(Prior code § 1-6.08)

A. No hearing to contest an administrative citation before a Hearing Officer shall be held unless the fine has been deposited in advance in accordance with Section 1.04.050, or an advance deposit hardship waiver has been issued in accordance with Section 1.04.060.

B. A hearing before the Hearing Officer shall be set for a date that is not less than 15 calendar days and no more than 60 calendar days from the date that the request for hearing is filed in accordance with the provisions of this chapter.

C. At the hearing, the person contesting the validity of the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.

D. The failure of any recipient of an administrative citation to appear at the administrative citation hearing shall constitute a forfeiture of the fine, and a failure to exhaust their administrative remedies.

E. 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.

F. The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the administrative citation prior to issuing a written decision.

(Prior code § 1-6.09)

A. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision to uphold or cancel the administrative citation, and shall list in the decision the reasons for that decision. The decision of the Hearing Officer shall be final.

B. If the Hearing Officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City.

C. 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 forth in the decision a payment schedule for the fine.

D. If the Hearing Officer determines that the administrative citation should be canceled and the fine was deposited with the City, then the City shall promptly refund the amount of the deposited fine.

E. The recipient of the administrative citation shall be provided with a copy of the Hearing Officer's written decision.

(Prior code § 1-6.10)

Any person who fails to pay the City any fine imposed pursuant to the provisions of this chapter on or before the date that the fine is due shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines.

(Prior code § 1-6.11)

The administrative citation process described in this chapter does not preclude the City from recovering any Code violation abatement costs incurred by the City in performing its Code enforcement efforts pursuant to Section 10.44.110 of this Code.

(Prior code § 1-6.12)

A. The City may collect any past due administrative fine or other associated fee or cost by use of all available legal means. Unpaid administrative fines and other charges, fees, or costs imposed in accordance with this chapter shall constitute a debt that may be collected in any manner allowed by law, including, but not limited to the recordation of a lien (secured or unsecured) with the San Bernardino County Recorder's Office and/or with the California Franchise Tax Board "Inter-Agency Offset Program" (pursuant to Section 12419.10 of the California Government Code). The City may also recover its collection costs pursuant to Section 1.12.030 of this Code.

1. Notwithstanding any provision of this Code to the contrary, a Citee is not entitled to a hearing before the City Manager, Planning Commission, City Council, or other hearing officer prior to the recordation of a lien with the San Bernardino County Recorder's Office and/or with the California Franchise Tax Board "Inter-Agency Offset Program" for any delinquent administrative fine that has been deemed final. This section does not affect a Citee's ability to contest an administrative citation in accordance with Section 1.04.050 of this Code or to seek judicial review of an administrative citation in accordance with Section 1.04.130 of this Code.

B. The City may also withhold issuance or renewal of any license, permit, or other entitlement for any property or business whenever an administrative penalty resulting from a Code violation at said property or business remains unpaid.

C. The City shall be entitled to recover its attorney fees and costs arising from an action to collect an administrative fine and other charges, fees, or costs imposed in accordance with this chapter if it is the prevailing party and provided it made the election to seek attorney fees at the commencement of the action. A Citee shall be entitled to recover his or her attorney fees if the City made the election to seek attorney fees at the outset of the action and the Citee prevails thereon.

(Prior code § 1-6.13)

(Ord. No. 09-910, § 3, 11-16-09)

Any person aggrieved by an administrative decision of a Hearing Officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Municipal Court in San Bernardino County in accordance with the timelines and provisions set forth in Section 53069.4 of the California Administrative Code.

(Prior code § 1-6.14)

A. The administrative citation and all notices required to be given by this chapter shall be served on any person responsible for the violation in accordance with the provisions of Section 1.08.090 of this Code.

B. Failure to receive any notice specified in this chapter does not affect the validity of the proceedings conducted hereunder.

(Prior code § 1-6.15)

(Ord. No. 09-910, § 4, 11-16-09)