Chapter 1.13 — ADMINISTRATIVE CITATIONS

As used in this chapter:

"Enforcement Officer" means any officer or employee acting on behalf of the City with the authority to enforce the Norwalk Municipal Code or applicable State codes in accordance with the provisions of this Code.

"Hearing officer" means the person appointed by the City Manager, pursuant to Section 1.13.080, to serve as the hearing officer for the review of administrative citations other than those administrative citations pertaining to violations related to housing, building, plumbing, electrical or other similar structural issues, as more specifically defined by Section 2.18.040(B) of this Code, designating the subject matter under the jurisdictional review of the Housing and Building Local Appeals Board.

"Land use approval" means any discretionary approval required for a development or use of land, including, but not limited to, permits, licenses, conditional use permits, precise development plans, variances or subdivision maps issued pursuant to the Norwalk Municipal Code.

"Housing and Building Local Appeals Board" has the same meaning as the "Local Appeals Board" and "Housing Appeals Board" as set forth in Health and Safety Code Sections 17920.5 and 17920.6 respectively and California Building Code Sections 1.8.8.2 and 1.8.8.3. Consistent with the provisions of Section 2.18.040 of this Code, the Housing and Building Local Appeals Board shall be authorized to: (1) hear appeals as defined and set forth in Sections 1.8.8.2 and 1.8.8.3 of the California Building Code; and (2) conduct administrative hearings for those responsible persons contesting administrative citations pertaining to violations related to housing, building, plumbing, electrical or other similar structural issues, including when the subject matter of a decision, order or determination relates to building requirements, or the use, maintenance and change of occupancy of buildings and structures, including requirements governing alteration, additions, repair, demolition and moving. Nothing precludes the City Council from designating the existing Property Maintenance and Building Rehabilitation Appeal Board, as established pursuant to Norwalk Municipal Code Section 15.32.120, to also serve as the Housing and Building Local Appeals Board, assuming no conflict exists and each member meets the minimum qualification requirements as designated in Chapter 2.18 of this Code. In the event that a Housing and Building Local Appeals Board has not been appointed, the City Council shall act as the Housing and Building Local Appeals Board

"Owner" means the record owner of a parcel according to the County's latest equalized property tax assessment roll.

"Person" means and includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustee and general partners of a legal entity.

"Responsible person" means any person or legal entity that the Enforcement Officer determines is responsible for causing, or maintaining a violation of the Norwalk Municipal Code or violates any condition of a land use approval. The term "responsible person" includes, but is not limited to, a property owner, tenant, or person in possession of real property, or an owner or authorized agent or person of any business, company or entity, or the holder or the agent of the holder of any land use approval or any other permit or entitlement.

(Ord. 07-1589 § 2, Exh. A; Ord. 21-1722 § 2; Ord. 21-1725 §§ 2, 3)

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City of Norwalk, CA

GENERAL PROVISIONS

§ 1.13.020

§ 1.13.030

• A. Notwithstanding the provisions set forth in Chapter 1.16 of the Norwalk Municipal Code, any person violating any provision of the Norwalk Municipal Code or applicable State codes, or who breaches or violates any condition of a land use approval or other permit, approval or license issued pursuant to this Code, may be issued an administrative citation by an Enforcement Officer as provided in this chapter.

• B. An administrative citation shall be preceded by a written warning from the Enforcement Officer and shall allow a reasonable period of time, which shall be included in the written warning, but no more than 21 days unless the Enforcement Officer determines that some longer period of time is reasonably warranted and/or necessary under the circumstances, for a responsible person to correct or otherwise remedy a continuing violation prior to the imposition of administrative fines or penalties, when such continuing violation pertains to building, plumbing, electrical or other similar structural or zoning issues that do not create an immediate danger to health and safety.

• C. Every person who applies for and receives any type of land use approval or entitlement shall comply with all conditions imposed upon the issuance of the land use approval or entitlement. Violation of any condition of such land use approval or entitlement may be subject to administrative fines or penalties in accordance with the provisions of this chapter.

• D. Each and every day a violation of this Code exists shall be a separate and distinct violation and may be subject to a separate fine or penalty. An administrative citation may charge a violation for one or more days on which a violation exists and for violation of one or more Code sections.

• (Ord. 07-1589 § 2, Exh. A; Ord. 21-1722 § 2)

An administrative citation shall be on a form approved by the City Manager and shall contain all of the following information:

• A. Name of the responsible person;

• B. Date, time, and address, or definite description, of the location where the violation(s) was observed;

• C. The Code section(s) or condition(s) violated and a description of the violation(s);

• D. A description of the action required to correct the violation(s) or condition(s);

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

• F. The amount of the fine for the violation(s);

• G. An explanation of how the fine shall be paid and the time period by which it shall be paid, including the time period, determined by the Enforcement Officer, of the reasonable time within which the responsible person may correct the violation without being subject to a fine, pursuant to subsection A of this section;

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City of Norwalk, CA

NORWALK CODE

§ 1.13.030

§ 1.13.050

• H. Notification of the right to appeal, including the time within which the administrative citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;

• I. The name and signature of the Enforcement Officer;

• J. Date the citation was issued; and

• K. Any other information deemed necessary by the City Manager. (Ord. 07-1589 § 2, Exh. A; Ord. 21-1722 § 2)

An administrative citation may be issued to the responsible person by an Enforcement Officer using any of the following methods:

• A. Personal Service. The Enforcement Officer may issue the administrative citation by personal delivery to a responsible person. The Enforcement Officer shall make a reasonable attempt to obtain the signature of the responsible person on the administrative citation. If the responsible person refuses to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.

• B. Mail. The Enforcement Officer may mail the administrative citation to the responsible person by certified mail, return receipt requested and by regular, first class mail addressed to the last known business or residence address as shown on public records, unless otherwise known by the City. Service by mail shall be deemed effective as of the date of deposit in the U.S. mail.

• C. Service of Citation by Posting. If service cannot be accomplished by personal service, or by mail, the Enforcement Officer shall post the administrative citation on any real property within the City in which the responsible person is known to have a legal interest or possession of the property or portion thereof. The date of posting shall constitute the issuance date of the administrative citation.

• (Ord. 07-1589 § 2, Exh. A; Ord. 21-1722 § 2)

• A. The amount of fine for a violation imposed pursuant to this chapter shall be established by resolution of the City Council.

• B. The fine shall be paid to the City within 30 days from the date of service of the administrative citation.

• C. A late payment fee shall be charged in an amount to be established by resolution of the City Council, if the fine is not paid within the time prescribed herein.

• D. If, after a hearing requested pursuant to Section 1.13.060 of this chapter the hearing officer or the Housing and Building Local Appeals Board, as the case may be, determines that the administrative citation should be cancelled, the fine shall be promptly refunded.

• E. Payment of a fine under this chapter shall not excuse or discharge the responsible person from the duty to immediately abate the violation, nor from any other responsibility or legal consequences for a continuation or repeated occurrence of any violation that is subject to

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City of Norwalk, CA

GENERAL PROVISIONS

§ 1.13.050

§ 1.13.070

an administrative citation, nor shall it bar further enforcement action by the City.

• F. Abatement of a violation shall not excuse the obligation of the responsible party to pay a fine, or any late charge imposed on the untimely payment of the fine.

• (Ord. 07-1589 § 2, Exh. A; Ord. 21-1722 § 2; Ord. 21-1725 § 4)

• A. Any responsible person to whom an administrative citation is issued may contest the citation by completing a request for hearing form, and returning it to the Community Development Department within 15 days from the date of service of the administrative citation, together with an advanced deposit of the fine.

• B. For administrative citations pertaining to violations related to housing, building, plumbing, electrical or other similar structural issues, a hearing before the Housing and Building Local Appeals Board shall be set for a date that is not less than 15 or more than 60 days from the date the request for hearing is filed in accordance with the provisions of this chapter. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 days prior to the date of the hearing.

• C. For all other administrative citations, a hearing before the Hearing Officer shall be set for a date that is not less than 15 or more than 60 days from the date the request for hearing is filed in accordance with the provisions of this chapter. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 days prior to the date of the hearing.

• (Ord. 07-1589 § 2, Exh. A; Ord. 21-1722 § 2; Ord. 21-1725 § 5)

• A. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case. The City bears the burden of proof to establish a violation of the code. The administrative citation and any additional reports submitted by the enforcement officer shall constitute prima facie evidence of the facts contained in those documents. In the discretion of the Hearing Officer or the Housing and Building Local Appeals Board, the evidence submitted in the hearing before the Hearing Officer or the Housing and Building Local Appeals Board may be either in the form of written declarations or by way of oral testimony. The Enforcement Officer who issued the citation is not required to attend or participate. All written declarations shall be made under penalty of perjury in compliance with Section 2015.5 of the California Code of Civil Procedure. The responsible person may bring an interpreter to the hearing provided there is no expense to the City therefor. The evidentiary standard to be used by the hearing officer or Housing and Building Local Appeals Board in finding a violation of the code or of any fact at issue in the hearing is the preponderance of evidence standard.

• B. No hearing to contest an administrative citation shall be held unless and until a request for hearing form has been completed and filed and the fine has been deposited.

• C. At least 10 days prior to the hearing, the recipient of an administrative citation shall be provided with copies of any and all citations, reports, and other documents submitted or relied upon by the Enforcement Officer.

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City of Norwalk, CA

NORWALK CODE

§ 1.13.070

§ 1.13.100

• D. If the responsible person fails to attend the administrative hearing, the hearing will proceed without the responsible person, and the responsible person will be deemed to have waived the right to an administrative hearing and any further appeals as set forth in this chapter.

• E. The hearing officer or Housing and Building Local Appeals Board may continue the hearing and request additional information from the enforcement officer or the responsible person prior to issuing a written decision.

• (Ord. 07-1589 § 2, Exh. A; Ord. 21-1722 § 2; Ord. 21-1725 § 6)

The City Manager or designee shall establish procedures for the selection of the Hearing Officer. Notwithstanding, the minimum qualifications for a hearing officer shall include, but are not limited to: must be able to conduct a hearing as designated in this chapter; shall be knowledgeable of, and be able to interpret and analyze the City's Municipal Code, and adopted and incorporated ordinances, resolutions and regulations; weigh evidence; and make unbiased and impartial judgments based on evidence and testimony presented. Hearing Officers shall further be qualified by experience or training to conduct the hearing. A person is not eligible for selection as a Hearing Officer unless he or she has a minimum of five years of relevant professional experience in the subject of the hearing. Hearing Officers shall be selected in a manner that avoids the potential for pecuniary or other bias. In no event shall the Hearing Officer be the enforcement officer. Compensation, if any, of the Hearing Officer shall be paid by the City. Compensation shall not be directly or indirectly conditioned upon whether or not administrative citations are upheld by the Hearing Officer. At his or her discretion, the City Manager shall also have the authority to contract with established panels of administrative hearing officers, such as the California Office of Administrative Hearings or JAMS. (Ord. 07-1589 § 2, Exh. A; Ord. 21-1722 § 2; Ord. 21-1725 § 7)

• A. No later than 20 days after the date on which the administrative hearing concludes, the hearing officer or local appeals board shall issue a written decision. The decision shall set forth the reasons for the decision along with notice of the right to appeal pursuant to Section 1.13.120 of this chapter.

• B. If the hearing officer or Housing and Building Local Appeals Board upholds the administrative citation, the City shall retain the fine deposited by the responsible person.

• C. If the hearing officer or Housing and Building Local Appeals Board cancels the administrative citation, any fine deposited with the City shall be refunded within 30 days.

• D. The hearing officer or Housing and Building Local Appeal Board's written decision shall be served by first class mail and shall be deemed to be served on the date the decision is deposited with the United States Postal Service.

• E. The hearing officer or Housing and Building Local Appeal Board's decision shall be final. (Ord. 07-1589 § 2, Exh. A; Ord. 21-1722 § 2; Ord. 21-1725 § 8)

• A. If the responsible person fails to satisfy in full the assessed fines by the time specified in the hearing officer or Housing and Building Local Appeal Board's decision, and no timely

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City of Norwalk, CA

GENERAL PROVISIONS

§ 1.13.100

§ 1.13.110

appeal of the decision has been filed with the Los Angeles Superior Court, the City may recover the outstanding fines by imposing a lien against the real property on which the violation occurred.

• B. Prior to the recording of the lien with the Los Angeles County Recorder's office, the City Council shall conduct a hearing to hear any protest or objection to the lien. The Enforcement Officer shall serve notice of the hearing upon the owner of record of the real property based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of hearing shall include the time, date, and place of the hearing and shall be served upon the owner of record by regular mail in accordance with this chapter at least 10 days before the date of the hearing.

• C. If the City Council determines that the lien should be imposed, the responsible person will have 45 days to satisfy the assessed administrative fines in full. If after that time the assessed administrative fines are not paid in full, the Enforcement Officer shall then prepare and file with the City Clerk a report stating the amount due and owing. The fines, in addition to applicable processing costs as set by the City Council, shall become a special assessment against the property and placed on the regular tax rolls for collection in the same manner as ad valorem tax without further hearing.

• D. After the report is filed with the City Clerk, the Enforcement Officer may cause the lien to be recorded with the County Recorder. Once recorded, the lien shall have the force and effect and priority of a judgment lien governed by the provision of Section 697.340 of the Code of Civil Procedure, or its successor, and may be extended as provided in Sections683.110 to 683.220, inclusive, of the Code of Civil Procedure or their successors.

• E. The remedies set forth in this section are not exclusive and may be used in addition to those set forth elsewhere in this Code or by law. The City may collect any past-due fines and costs by use of any available legal means.

• (Ord. 07-1589 § 2, Exh. A; Ord. 21-1722 § 2; Ord. 21-1725 § 9)

• A. The City at its discretion may pursue any and all legal and equitable remedies, to which the City may be entitled, for the collection of unpaid fines and penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies.

• B. Any responsible person who has unpaid and/or delinquent fines, may be refused the issuance of a land use approval, or other City approval pertaining to the property, real or personal, that is the subject of the citation issued pursuant to this chapter.

• C. Any fine required by the provisions of this chapter shall be paid or deposited with the Finance Department or the designee.

• D. Administrative fines shall be a debt to the City and subject to all remedies for debt collection as allowed by law.

• E. Administrative fines that are not associated with real property and unpaid within the prescribed time may be recorded with the Los Angeles County Recorder's office as an unsecured lien against the name of the violator and/or with the California Franchise Tax Board "Inter-Agency Offset Program" pursuant to Section 12419.10 of the California Government Code. Unsecured liens shall be subject to all other means of debt collection as

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City of Norwalk, CA § 1.13.110

NORWALK CODE

§ 1.13.130

allowed by law.

• F. Unpaid administrative fines shall be a misdemeanor for which the responsible person may be prosecuted.

• (Ord. 07-1589 § 2, Exh. A; Ord. 21-1722 § 2)

Any person aggrieved by a decision of the Hearing Officer or Housing and Building Local Appeals Board on an administrative citation may obtain review of the administrative decision by filing an appeal of the final decision or order in the Los Angeles County Superior Court in accordance with the requirements of California Government Code Section 53069.4. Judicial review shall not be available without first participating in a hearing as provided in this chapter. (Ord. 07-1589 § 2, Exh. A; Ord. 21-1722 § 2; Ord. 21-1725 § 10)

Except as specifically provided in this chapter, all notices to be given by this chapter shall be served on the responsible person in accordance with the provisions of Section 1.08.010 of the Norwalk Municipal Code. Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted in this chapter.

(Ord. 07-1589 § 2, Exh. A; Ord. 21-1722 § 2)

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City of Norwalk, CA

GENERAL PROVISIONS

§ 1.16.010

§ 1.16.020