§ 1-5

(a) This chapter provides for administrative citations which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of the Municipal Code or applicable state codes. (b) The administrative citations process set forth in this chapter applies to both transient and continuing violations. (c) Use of this chapter shall be at the sole discretion of the City. (Ord. 2628, eff. March 6, 1997)

As used in this chapter: (a) “Code Enforcement Manager” shall mean any individual or his/her designee responsible for the day to day management of the Code Enforcement Division. (b) “Continuing violation” shall mean a building, plumbing, electrical, or other similar structural, or zoning violation which does not create an immediate danger to health or safety. (c) “Enforcement Officer” shall mean any individual employed, or otherwise charged, by the City of Ontario to enforce codes, ordinances, mandates, regulations, or laws adopted by City Council or other regulatory bodies. (d) “General penalty” shall mean a penalty assessed to a violation which constitutes a public nuisance to the aesthetics of the community and presents a detriment to property values in the area. For example: trash and debris, dilapidated or damaged sheds or fences, overgrown vegetation, graffiti, unmaintained yards, illegal wall/fence, living in garages/trailers/sheds, illegal business, illegal commercial signs, and other similar type violations. (e) “Health and safety penalty” shall mean a penalty assessed to a violation which constitutes any threat to life, health or the safety of individuals or the public at large. For example: collapsing structures, broken and/or dilapidated fence or gate protecting swimming pool/spa area, stagnant pools, exposed electrical, sewage outflow, no heat, no water, unsecured buildings, subsidence or surface water draining, no smoke detectors, plumbing leaks, filthy conditions, rodent and pest infestations, and other similar type violations.

(f) “Minor penalty” shall mean a penalty assessed to a lesser violation which does not warrant assessment of a general penalty. For example: trash containers stored in public view, Christmas lights displayed for longer than ninety (90) days, pet violations (including chickens and roosters), illegal home business, illegal vendors, banners, pennants, and other similar type violations. (g) “Transient violation” shall mean a violation which is of a brief or nonpermanent nature, and which can be remedied rapidly. (Ord. 2628, eff. March 6, 1997)

(a) Whenever an Enforcement Officer charged with the enforcement of any provision of the Municipal Code determines that a transient violation of the provision has occurred, the Enforcement Officer shall have the authority to issue an administrative citation to any person responsible for the violation. (b) Whenever an Enforcement Officer charged with the enforcement of any provision of the Municipal Code determines that a continuing violation of that provision had occurred, the Enforcement Officer shall provide a reasonable period of time, but no more than twenty-one (21) days, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical or other similar structural or zoning issues that do not create an immediate danger to health or safety. (c) Each administrative citation shall contain the following information: (1) The date of the violation; (2) The address or a definite description of the location where the violation occurred; (3) The section of the Code violated and a description of the violation; (4) A description of the action required to correct the violation; (5) The type of penalty and the amount of the fine for the Code violation; (6) 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; (7) An order prohibiting the continuation or repeated occurrence of the Code violation described in the administrative citation; (8) 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 an initial review form to contest the administrative citation may be obtained; and (9) The name and signature of the citing Enforcement Officer. (10) A statement that unpaid fines and late payment fees are subject to lien or special assessment collection procedures and that property subject to aspecial assessment may be sold after three (3) or more years by the tax collector for unpaid delinquent assessments. (d) Enforcement. Notwithstanding any other provision of law, alleged violations of this Chapter shall be enforced exclusively by the City of Ontario pursuant to Municipal Code § 1-5.03. Violations of this Chapter shall be subject to an administrative fine of up to $500 for an initial violation, and up to $1,000 for a subsequent violation. “Violation” means each incident when an alleged violation was committed, without reference to the number of employees affected by the alleged violation. (Ord. 2628, eff. March 6, 1997, as amended by § 3, Ord. 2920, eff. May 20, 2010, § 7, Ord. 3326, eff. February 19, 2026)

The amount of fines pursuant to this chapter shall be set forth and amended by resolution of the City Council. (Ord. 2628, eff. March 6, 1997, as amended by § 1, Ord. 2942, eff. December 1, 2011)

(a) The fine shall be paid to the City within thirty (30) days from the date of the administrative citation. (b) A late payment fee of Twenty Dollars ($20.00) shall be charged if the fine is not paid within fifty (50) days from the date of the administrative citation. (c) Any administrative citation fine paid pursuant to subsection (a) of this section shall be refunded in accordance with § 1-5.09 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. (d) Payment of a 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. (e) The City shall use all available means to collect any past due fines and other related costs, including but not limited to, the use of property liens and special assessments in accordance with § 1-5.13(c). (Ord. 2628, eff. March 6, 1997, as amended by § 3, Ord. 2920, eff. May 20, 2010)

(a) Any recipient of an administrative citation may contest that there was a violation of the Code or that he or she is the responsible party by completing a request for initial review form and returning it to the City within fifteen (15) days from the date of the administrative citation. (b) A request for initial review may be made to the Code Enforcement Division by telephone, in writing by mail, or in person. There is no charge for this review. (c) After the initial review, if the Code Enforcement Division is satisfied that the Code violation did not occur, or the recipient of the administrative citation is not responsible for the violation, or that unique circumstances make dismissal of the citation appropriate in the interest of justice, the Code Enforcement Division shall cancel the administrative citation. (d) The Code Enforcement Division shall mail the results of the initial review to the person contesting the notice. (e) If the person is not satisfied with the results of the initial review, this person may request a hearing of the violation no later than fifteen (15) days following the mailing of the results of the Code Enforcement Division's initial review. (f) The request for a hearing may be made by telephone, in writing by mail, or in person. The person requesting the hearing shall deposit the amount of the fine specified on the administrative citation with the Code Enforcement Division within seven (7) days from the date of the request. (Ord. 2628, eff. March 6, 1997)

The Hearing Officer for the administrative citation hearing shall be designated by the City Manager. In addition to any other requirements of employment, the Hearing Officer shall demonstrate those qualifications, training, and objectivity prescribed by the City Manager as are necessary and which are consistent with the duties and responsibilities of such Hearing Officer. (Ord. 2628, eff. March 6, 1997)

(a) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. (b) 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 § 1-5.06(f) or an advance deposit hardship waiver has been issued in accordance with § 1-5.12. (c) A hearing before the Hearing Officer shall be set for a date that is not less than fifteen (15) days and not more than fifty (50) days from the date that the request for hearing is filed in accordance with the provisions of this chapter. (d) If the Enforcement Officer submits an additional written report concerning the administrative citation to the Hearing Officer for consideration at the hearing, then a copy of this report shall also be served on the person requesting the hearing at least five (5) days prior to the date of this hearing. (e) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation. (f) The failure of the recipient of an administrative citation to appear at the administrative citation hearing shall constitute forfeiture of the fine and a failure to exhaust his/her administrative remedies. (g) 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. (h) 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. (i) The Hearing Officer is not required to provide transcriptions of hearings, but is required to make available tapes of hearings for a fee. (Ord. 2628, eff. March 6, 1997)

(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 served with a copy of the Hearing Officer's written decision. (f) The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the Hearing Officer. (Ord. 2628, eff. March 6, 1997)

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 §§ 5-22.07 and

5-22.08 of this Code. (Ord. 2628, eff. March 6, 1997)

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 Superior Court in San Bernardino County in accordance with the timeliness and provisions set forth in Cal. Gov't Code § 53069.4. (Ord. 2628, eff. March 6, 1997, § 4, Ord. 3230, eff. January 19, 2023)

(a) Any person who intends to request a hearing to contest the results of the initial review and who is financially unable to make the advance deposit of the fine as required in § 1-5.06(f) may file a request for an advance deposit hardship waiver. (b) The request shall be filed with the Code Enforcement Division on an advance deposit hardship waiver application form, available from the Code Enforcement Division, within seven (7) days of the date of the request for a hearing. (c) The requirement for depositing the full amount of the fine as described in § 1-5.06(f) shall be sustained unless or until the Code Enforcement Manager makes a determination to issue the advance deposit hardship waiver. (d) The Code Enforcement Manager may waive the requirement of an advance deposit set forth in § 1-5.06(f) and issue the advance deposit hardship waiver only if the cited party submits to the Code Enforcement Manager a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the Code Enforcement Manager 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 Code Enforcement Manager determines not to issue an advance deposit hardship waiver, the person shall remit the deposit to the City within ten (10) days of that decision or thirty (30) days from the date of the administrative citation, whichever is later. (f) The Code Enforcement Manager shall issue a written determination listing the reasons for his or her determination to issue or not issue the advance deposit hardship waiver. The written determination of the Code Enforcement Manager shall be final. (g) The written determination of the Code Enforcement Manager shall be served upon the person who applied for the advance deposit hardship waiver. (Ord. 2628, eff. March 6, 1997)

(a) The administrative citation and all notices required given by this chapter shall be served on the responsible party by personal delivery or first class mail to the citee at his or her last-known business or residence address as same appears in public records of the City, the San Bernardino County Tax Assessor's Office, and/or the Secretary of State. Service by mail is deemed complete upon deposit with the United States Postal Service. If service cannot be accomplished personally or by mail for citations involving a real property-related violation of the Code, the officer shall post the citation on the real property where the violation is alleged to have occurred. (b) Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder.

(c) The City may elect to issue administrative citation penalties that may be collected through means of property liens and special assessments in accordance with § 1-4.05 of this Code for special assessments or in the manner provided in § 5-22.07(b) of this Code for liens. Upon the issuance of any administrative penalty citation in accordance with this subsection (c), the City may file in the office of the San Bernardino County Recorder a notice of the pendency of the administrative action. (Ord. 2628, eff. March 6, 1997, as amended by § 3, Ord. 2920, eff. May 20, 2010, § 4, Ord. 3230, eff. January 19, 2023)