Montebello Municipal Code Ch. 1.14 Administrative Fines and Penalties

A. This chapter authorizes the imposition of administrative fines on any person who violates any provision of this code in order to encourage and obtain compliance with the provisions of this code for the benefit and protection of the entire city. This chapter governs the imposition, enforcement, collection and administrative review of all administrative fines imposed under the authority of California Government Code Section 53069.4 and the police power of the city.

B. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city authorized hereunder. The issuance of a citation to any person constitutes but one remedy of the city to address violation of the code by any person and obtain immediate compliance. By adopting this chapter, the city does not intend to limit its authority to employ any other remedy, civil or criminal, to address any violation of this code by any person, which the city may otherwise pursue.

C. Every person who applies for and receives a permit, license, land use approval (e.g., subdivision map, conditional use permit, variance) or any other approval required by the city shall comply will all conditions imposed upon the issuance of such permit, license or approval. A violation of any condition of such permit, license or approval shall be subject to an administrative fine under the provisions of this chapter. Likewise, any person who fails to obtain any permit, license, land use approval or any other approval from the city when such a person is so required by this code shall be subject to an administrative fine pursuant to this chapter.

D. Because of the serious blighting conditions that result from persistent or prolonged failure to comply with the provisions of this code and the effect of such conditions on the desirability and marketability of surrounding properties and the adverse impacts on the public health, safety and welfare, this chapter imposes strict civil liability upon the owners of real property for all violations of this code existing on their real property.

(Ord. 2284 § 3 (part), 2005)

The following definitions shall apply to for purposes of administering this chapter:

"Citee" means any person served with an administrative citation charging him or her as a responsible person for a violation of this code.

"Citation" means an administrative citation issued pursuant to this chapter to remedy a violation.

"Code" means the Montebello Municipal Code and any code adopted by reference.

"Code enforcement officer" mean any employee or agent of the city designated by the city manager to enforce any provisions of this code.

"City manager" means the city manager of the city or his or her designee.

"Costs" shall have the meaning set forth in California Code of Civil Procedure Section 1033.5, including, without limitation, attorney's fees. In addition to such items, all of the following shall be included within the definition of "costs:"

1. Personnel costs of the city, as actually incurred by the city (for contractors and consultants) or based on established rates of employee costs as adopted by resolution of the city council from time to time. Such personnel costs shall include, but not be limited to, the costs incurred by the city to pay any contractor to abate a public nuisance.

2. Costs of administrative hearing, including, hearing officer costs and reporter costs.

3. Accrued interest at the maximum rate established by law.

"Day" means a calendar day.

"Department" means any department of the city that shall have issued an administrative citation.

"Issuance," "issued" or "served" means any of the following:

1. The preparation and service in the same manner as a summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure; or

2. Mailing by certified mail, return receipt requested, to the address if the owner of the subject property, as shown on the last equalized assessment roll or the supplemental roll, whichever is more current.

"Hearing officer" means the person, whether a city employee or third party, selected by the city manager to serve as the hearing officer for administrative hearings held pursuant to this chapter.

"Non-transient violation" means any violation of this code that pertains to zoning, building, plumbing, electrical, or other similar building, structural or zoning issue, that does not create an immediate danger to public health or safety.

"Person" means a natural person or a legal entity that is also an owner, tenant, lessee or other person with any right to possession or control of the property where a violation of this code exists.

"Responsible person" means a person who causes a violation of this code to occur, or allows a violation to exist or continue to exist, by his or her action or failure to act, or whose agent, employee, or independent contractor causes a violation to occur, or allows a violation to exist or continue. There is a rebuttable presumption that the record owner of a parcel, as shown on the county's latest equalized property tax assessment rolls, and a lessee of a parcel has notice of any violation existing on said property. For the purposes of this chapter, there may be more than one responsible person for a violation.

"Transient violation" means any violation of this code other than a non-transient violation.

"Violation" or "violates" refers to any violation of any provision of this code and also means the failure to comply with any condition or requirement imposed on any permit, license, land use approval, or any other approval issued to a person under or pursuant to this code.

(Ord. 2284 § 3 (part), 2005)

A. An administrative fine or fines may be issued to any responsible person for a violation of any provision of this code or for a failure to comply with any condition or requirement imposed on any permit, license, land use approval or other approval issued under or pursuant to this code by the issuance of a citation hereunder as a remedy to enforce compliance with the provisions of this code.

B. Any violation of this code shall be deemed a public nuisance.

C. Any peace officer, code enforcement officer of any other person designated by the city manager and the Montebello Municipal Code may issue an administrative citation to a responsible person pursuant to this chapter.

D. A citee shall be liable for and shall pay to the city the fine or fines described in the citation unless: (i) such person corrects the violation or violations described in the citation within the period specified in the citation; or (ii) such person appeals the imposition of such fine or fines as provided herein and is relieved of the obligation to pay such fine or fines. However, the payment of such a fine or fines shall not relieve any person from any further violation of the provisions of the code for which such fine or fines have been imposed and paid. Any such person shall continue to be responsible for complying with the provisions of the code and correcting any and all violations of the code.

E. Each administrative citation shall contain the following information:

1. The name of the person charged with any violation of the code.

2. The date or dates on which the person violated the code.

3. The section or sections of the code so violated.

4. The location where the violation occurred.

5. The amount of the daily fine to be imposed for each violation of the code.

6. The date or dates when the fine or fines will be imposed unless the violation or violations of the code are corrected prior to the date or dates specified in the citation.

7. A notice that each violation of the code also constitutes a nuisance and that collection of any unpaid fines or nuisance abatement costs may be enforced as an assessment or lien against the real property where the code violation occurred and that unpaid assessments can result in the property being sold after three years by the county assessor.

8. A notice of the procedure to request an administrative hearing to contest the citation.

9. The amount of the proposed fine for each violation listed in the citation.

10. The signature of the person who issued the citation.

11. The date the citation is issued.

12. Any other information deemed necessary by the city manager for enforcement or collection purposes.

F. In the event the city intends to collect the fine as a lien or assessment, the owner of the property, as shown on the last equalized assessment roll or the supplemental roll, whichever is more current, shall be issued the citation. Nothing contained in this section shall be construed as limiting the authority of the city to issue citations to, or collect, by other means, amounts due from, any responsible person.

(Ord. 2284 § 3 (part), 2005)

A. Each person who violates any provision of this code or who fails to comply with any condition imposed on any permit, license, land use approval or other approval issued under or pursuant to this code shall be subject to the imposition and payment of an administrative fine or fines as provided herein. Likewise, any person who fails to obtain any permit, license, land use approval or any other approval from the city when such a person is so required by the code shall be subject to an administrative fine under this chapter.

B. The amount of the applicable administrative fines for various violations shall be established by separate resolution of the city council.

C. In the case of a violation of the code that is a transient violation, a fine shall be imposed without an opportunity to cure or correct such violation, and the citee shall be required to abate the violation, if necessary, immediately. On the second and each subsequent time that a person is used a citation for the same violation in any twelve-month period, the fine shall be doubled, and the citee shall be liable for the amount of the fine until it is paid, in addition to being responsible for abating the violation. However, the code enforcement officer shall have discretion to issue a citation for any violation referred to in this subsection under the procedures set forth in subsection D of this section.

D. In the case of a violation of this code that is a nontransient violation, the code enforcement officer may grant a responsible person or citee a reasonable period of time to correct the violation or violations without incurring any liability to the city for the payment of such fine or fines. Such reasonable period of time shall depend on the nature of the violation and the amount of time needed to correct the violation. The reasonable period of time shall be provided to the responsible party or citee in writing. However, the director of the department that issued the citation may, in his or her sole discretion, extend such period for up to thirty additional days; provided that the violation is of such a nature that requires additional time to correct and the responsible party or citee demonstrates that he or she has made substantial progress to correct the violation or violations, that he or she has been diligent in correcting such violation or violations, and that he or she was unable to correct such violation or violations within the initial reasonable correction period. The responsible party or citee must submit a written request, within five business days of the issuance of the citation to such director seeking such an extension. The request shall contain a description of the corrections made, the corrections remaining to be made, the date when the violation or all of them shall be corrected, and the facts indicating why correcting the violation or violations is not possible or practicable within such initial correction period. The director of the department that issued the citation shall respond in writing within three business days of receipt of the request; and the decision of the director shall be final. Unless the responsible party or citee causes the correction of all of the violations described in the citation within the correction period or such other extended period as may have been granted, the fine or fines imposed by the citation shall become effective on the day following the expiration of the correction period or such other extended period as may have been granted and such fine or fines shall continue to accrue on a daily basis until such violation or violations have been corrected in compliance with the applicable city code provision.

On the second and each subsequent time that a person is issued a citation for the same violation in any twelve-month period, the fine shall be effective immediately, without any waiting or correction period, and the responsible party or citee shall be liable for the amount of the fine until it is paid, in addition to being responsible for abating the violation.

E. All administrative fines imposed hereunder shall be made payable to the city. Payment of any fine or fines shall not excuse the citee from complying with the provision of the code so violated. The issuance of a citation or payment of any fine, or both, shall not bar the city from instituting any other enforcement action or remedy to obtain compliance with the provisions of the code so violated including the issuance of additional civil and/or criminal citations. In the event such other enforcement action includes a court action, and the citation has not been both appealed and resolved in the citee's favor, said court may include in any order issued by that court, an order or judgment requiring payment of any fines theretofore issued and unpaid.

(Ord. 2291 § 1, 2006; Ord. 2284 § 3 (part), 2005)

A. Any citee may contest a citation issued to the citee and the proposed fine by filing a written request for an administrative hearing. To request a hearing, the citee shall sign and file the request form provided by the city clerk. The request form shall state the grounds for contesting the citation and/or the proposed fine. A citee may contest the citation and the proposed fine by denying that the citee owns, possesses, or controls the property where the violation exists, denying that the citee is responsible for the violation described in the citation, denying that a violation exists or existed, or proving that the violation was corrected within the period described in the citation or such further period granted by the applicable director. A citee may not raise any issue or defense at the hearing, or in any subsequent court action, that was not included on the request form.

B. To be effective, the request for an administrative hearing must be filed with the city clerk within five business days of the date the citation was issued. If the citee mails the request form, the request form shall be deemed filed with the city clerk on the date on which it is received in the office of the city clerk. Any reference in this chapter to the "city clerk" means the city clerk or his or her designee.

C. A citee who has requested an administrative hearing must deposit with the city the amount of the proposed fine to ensure his or her appearance at the hearing. A request for a hearing shall not be complete and shall not be accepted unless it is accompanied by the deposit required by this section.

D. Notwithstanding subsection C of this section, any citee who intended to request an administrative hearing and is financially unable to make the advance deposit of the fine or penalty as required herein, may file a request for an advance deposit hardship waiver. The citee shall complete an advance deposit hardship waiver form and return it to the city clerk or his or her designee along with the written request for hearing. The citee may request an advance deposit hardship waiver form by telephone, mail or in person, but shall be solely responsible for assuring its receipt, completing and returning it within the required time. The city clerk or his or her designee may waive the requirement of an advance deposit and issue the advance deposit hardship waiver only if the citee submits the required advance deposit hardship waiver form and includes a sworn affidavit and any supporting documents or materials demonstrating to the satisfaction of the city clerk or his or her designee that it would be a significant financial detriment on the citee to the deposit the full amount of the fine or penalty in advance of the hearing. The requirement for depositing the full amount of the fine or penalty shall be sustained unless or until the city clerk or his or her designee makes this determination. The city clerk's office shall serve written notice of the city clerk or his or her designee's determination on the hardship waiver by certified mail, return receipt requested. Service shall be deemed complete at the time the notice is deposited into the mail and addressed to the citee at the address indicated on the administrative hearing request form. The notice shall include a brief description of the reasons for the city clerk or his or her designee's determination to issue or not issue the advance deposit hardship waiver. The written determination of the city clerk or his or her designee shall be final. If the city clerk or his or her designee determines not to issue an advance deposit hardship waiver, the citee shall remit the deposit amount to the city clerk or his or her designee with ten days of service of that decision, or thirty calendar days from the date of the administrative decision.

E. In the event that the citee files a timely request a hearing, the city clerk shall immediately forward such request to the city manager who shall advise the citee by letter, no later than five days after receiving the citee's request for a hearing, of the date, time, and place set for the hearing. The hearing shall be set on a date that is no less than ten days and no more than forty-five days after the date of the notice. The city manager shall also advise the citee that the citee may review those writings in the city's files concerning the violation or violations for which the citation was issued and that the city intends to introduce such writing as the administrative hearing. Upon payment of the city's actual reproduction costs, the citee may have copies thereof. The failure of the citee to appear at the administrative hearing shall constitute a waiver of the citee's right to a hearing on the citation and any defense to the citation that the citee may have had, and the citee's deposit shall be forfeited without further action.

(Ord. 2284 § 3 (part), 2005)

An administrative hearing conducted pursuant to this chapter shall comply with the following:

A. The hearing shall be conducted by an impartial hearing officer on the date, time and place specified in the citation. The hearing shall proceed solely on the issues or defenses raised in the request for a hearing filed by the citee and all matters not contested in said request shall be deemed admitted.

B. The city shall have the burden to establish the truth of any matter in the citation that has been contested by the citee by a preponderance of the evidence. The citation shall be admitted into evidence and shall constitute prima facie evidence of all matters contained therein. In addition, the city may present such other evidence and reports as may be necessary or helpful to the hearing officer to resolve the issues raised by the citee.

C. The citee shall be given the opportunity to testify and to present written and oral evidence relevant to the matters raised in the request regarding the violation or violations described in the citation.

D. The citation, and other reports prepared by the officer issuing the citation, or at his or her request, concerning the violation or violations or their attempted correction shall be accepted by the hearing officer as prima facie evidence of the violation or violations.

E. The hearing shall be conducted informally and the rules of evidence need not be followed provided that the decision of the hearing officer on any material issue may not be based upon hearsay evidence alone.

F. The unexcused failure of the citee to appear at the hearing shall constitute a waiver of his or her contest to the citation and the proposed fine or fines and a failure to exhaust administrative remedies concerning the violation or violation described in the citation, and the citee's deposit shall be forfeited without further action. Such failure to appear shall constitute an admission of the truth of all matters contained in the citation and a validation of the fine or fines imposed in the citation, which shall be ordered in the decision of the hearing officer.

(Ord. 2284 § 3 (part), 2005)

A. The hearing officer shall be selected by the city manager and when the hearing officer selected is not an employee of the city, may be compensated for the time expended in providing such services based upon a written agreement for that purpose. The hearing officer's employment or compensation shall not be based on the number of citations affirmed or denied by the hearing officer. If the citee so elects in writing prior to the hearing, the citee shall be entitled to pay for one-half of the costs of the services of the hearing officer.

B. The hearing officer may continue the hearing on a citation upon the request of the citee, or other citee's representative, or the representative of the city, upon a showing of good cause. All continuance requests shall be made in person or in writing at or before the hearing. If the continuance is granted, a new hearing date shall be set within fifteen days. The citee shall deposit the amount of the estimated costs of the continued hearing as a condition of granting a continuance if the hearing is continued beyond the period that the citee is required to comply with the citation. The hearing officer shall have the authority to issue subpoenas.

C. After considering all the evidence and testimony submitted at the hearing, the hearing officer shall issue his or her written decision on the contested citation within five business days. The decision of the hearing officer shall, either uphold or deny the citation or any portion thereof and state the facts and reasons supporting the decision. If the citation is upheld, the hearing officer shall also order the imposition of a fine in the amount stated in the citation, as well as any costs, and compliance with the code within five days or such time as the hearing officer deems reasonable. If the citation is denied, the hearing officer shall order the return of the deposited fine, which return shall occur within sixty days following the written order of the hearing officer. The written decision shall be filed with the city clerk and a copy thereof shall be mailed to the citee.

D. All decisions and orders of a hearing officer shall become final unless appealed by the citee as provided herein.

(Ord. 2284 § 3 (part), 2005)

A. The citee or the city may seek judicial review of the decision of the hearing officer by filing an appeal with the Superior Court within twenty calendar days after the citee or the city receives a copy of the decision in accordance with the provisions of California Government Code Section 53069.4. No appeal shall be permitted from a decision based upon the failure of the citee or the city to appear at the administrative hearing or upon any other waiver of the administrative hearing by the citee or the city.

B. If an appeal of any decision or order of a hearing officer that ordered the citee to pay any fine or fines, or costs, to the city is affirmed, in whole or part, the judicial officer hearing the appeal shall enter an order requiring the citee to pay such fine or fines, and any costs, to the city and said order on appeal shall constitute a money judgment in favor of the city against the citee.

(Ord. 2284 § 3 (part), 2005)

A. Each final order of a hearing officer that establishes the amount if a fine or fines, or costs, payable by a citee to the city shall constitute a money judgment. Each such money judgment shall be enforceable pursuant to the general laws of the state of California.

B. Each final order of a hearing officer that establishes the amount of a fine or fines, and any costs, payable by a citee to the city shall also constitute a sister state judgment. To enforce any such sister state judgment, the city may apply for the entry of a judgment pursuant to Chapter 1 (commencing with Section 1710.10) of Title 11 of Part 3 of the Code of Civil Procedure.

C. In addition to any other remedy available to the city, the city may also request that the fine or fines, and any costs, imposed by an order of a hearing officer be collected as a lien or assessment against the property on which the violation or violations occurred by requesting the city council to adopt an appropriate resolution to record such lien or place the amount of said fine or fines, and any costs, on the Los Angeles County tax rolls for collection. For assessments, the resolution of the city council shall conform with the county of Los Angeles auditor/controller-recorder's policies and procedures for applying special assessments to the tax rolls. The following procedures shall apply to such liens or assessments:

1. A notice of proposed lien or assessment shall be served on the owner of the property in the same manner as the administrative citation that was served on the owner. The notice shall state the amount of the fine or fines, and any costs, sought to be imposed as a lien or assessment, the legal description of the property on which the lien or assessment is sought to be imposed and the owner's right to appeal said proposed action by filing a written appeal within ten days from the date of service or mailing of said notice. The notice shall warn the owner that a failure to file a written appeal with the city clerk within said ten-day period shall constitute a waiver of the owner's right to appeal the imposition of the proposed lien or assessment on the owner's property. If the city council, by resolution, adopts a fee to defray the expenses to process and conduct a hearing on said appeal, the notice also shall state the amount of the fee and payment of the fee is a condition precedent to the effectiveness of the owner's right to appeal.

2. Within ten days from the date of service or mailing of said notice, the property owner may file a written appeal to the proposed lien or assessment and any shall deposit required fee with the city clerk or his or her designee or waive the right to such an appeal. The city council shall hear the appeal at its first regular meeting that is at least fourteen calendar days after the date on which the appeal was filed. Written notice of the hearing date shall be served on the owner, at least, ten days prior to the hearing on the appeal. At the hearing on the appeal, the city council shall consider the order of the hearing officer imposing the fine or fines on the citee, the computation of the amount of the proposed lien or assessment, the evidence that the owner owns the property on which the lien or assessment is sought to be imposed, evidence that the record owner of the property on which the lien or assessment is sought has been served with the citation in accordance with this chapter, and evidence that the violation or violations supporting the order of the hearing officer occurred at or was related to the property on which the assessment lien is sought to be imposed. At the conclusion of the hearing, the city council may adopt, or decline to adopt, a resolution to place a lien or assessment on the property of the owner. The city council also may modify the amount of the proposed lien or assessment. The decision of the city council shall be final.

3. If no appeal is filed pursuant hereto, the city manager shall also cause the preparation and submittal of a resolution to the city council that imposes a lien or assessment on the property of the owner. The city council shall adopt the proposed resolution unless it determines that such a lien or assessment would not be appropriate.

4. The tax collector's power of sale shall not be affected by the failure of the property owner to receive notice. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the citation relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the amount shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.

D. Notwithstanding any of the remedies for collection of unpaid fines contained in this section, the city manager is authorized to enter into agreements with responsible parties or citees for the payment of fines and penalties over a fixed term upon terms that are acceptable to the city manager.

(Ord. 2291 § 2, 2006; Ord. 2284 § 3 (part), 2005)