Chapter 1.06

COMMUNITY IMPROVEMENT AND ADMINISTRATIVE CITATIONS

• (a) This chapter provides for administrative citation remedies, which 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, including any codes adopted by reference, or other public nuisance.

• (b) This chapter establishes an administrative citation process and monetary penalties to encourage and expedite compliance with the provisions of the Palm Springs Municipal Code. This chapter encourages voluntary compliance through the implementation of a process that informs responsible parties of violations by giving a written warning before taking action and allowing reasonable time lines for compliance.

• (c) The goals of this chapter focus on minimizing the number of code violations made by property owners, renters, business owners, and other stakeholders of the city by instituting a citation process and promoting a positive city image. The goals of this chapter are as follows:

  • (1) To improve the quality of life for Palm Springs residents and business owners by reducing the number of code violations through the encouragement of expedient compliance;

  • (2) To protect the health, safety, and welfare of the general public by minimizing potentially harmful municipal code violations;

  • (3) To provide a simplified administrative citation process in order to encourage its implementation;

  • (4) To minimize the time and expense associated with code enforcement action;

  • (5) To provide a methodology to hold noncompliant parties responsible for continuous violations; and

  • (6) To provide for the enhanced collection of delinquent code enforcement fines, costs, fees and penalties by conditioning issuance and renewal of city licenses and permits upon payment of such delinquent code enforcement fines, costs, fees and penalties.

• (d) The council finds that the enforcement throughout the city of the provisions of this code, including such codes as have been incorporated by reference and any applicable state codes, is an important public service. Code enforcement is vital to the protection of the public's health, safety, and quality of life. The council recognizes that code enforcement depends upon the codification and implementation of fair, reasonable, and consistent regulations that can be effectively applied in administrative and judicial proceedings. The council further finds that a comprehensive code enforcement system that uses a combination of judicial and administrative remedies is critical to gain compliance with this code and the regulations contained in this code.

• (Ord. 1669 § 5, 2005)

In construing the provisions of this chapter, the following definitions shall apply:

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City of Palm Springs, CA § 1.06.020

PALM SPRINGS CODE

§ 1.06.030

"Administrative citation" means a monetary penalty issued after failure to abate a violation of the Palm Springs Municipal Code.

"City manager" means the city manager of the city or the city manager's designee or designees.

"Enforcement officer" means a code compliance officer, police officer, building inspector, or any other city employee designated by the city manager to enforce the provisions of the Palm Springs Municipal Code and granted authority to issue notices and administrative citations pursuant to this title. The term "enforcement officer" also includes any city employee or official expressly provided enforcement authority pursuant to the provisions of this code.

"Hearing" means a hearing conducted by a hearing officer regarding an appeal of the issuance of an administrative citation submitted by a responsible party.

"Hearing officer" means an individual or board (including, but not limited to, the administrative appeals board) as may be designated by the city manager to conduct hearings, including appeals hearings, and make decisions as provided in this chapter.

"Public safety officer" means a police officer or the fire chief of the city or the fire chief's designee authorized under the laws of the State of California or this code to enforce the provisions of the Palm Springs Municipal Code. A "public safety officer" is an "enforcement officer" as defined in this chapter.

"Responsible party" means the owner of property upon which a violation of the Palm Springs Municipal Code exists. This term shall also include any non-owner, occupant, or other person or entity in control of the property who is creating, causing, or maintaining any condition in violation of the Palm Springs Municipal Code.

(Ord. 1669 § 5, 2005; Ord. 1679 § 3, 2005)

• (a) Whenever an Enforcement Officer charged with the enforcement of any provision of this Code determines that a violation of that provision has occurred, either by receiving a complaint or being witness to the violation, the Enforcement Officer has the authority to take the actions identified in this Section and issue an administrative citation to a responsible party for the violation, as provided herein, unless the violation is deemed to be an immediate threat to life and safety, at which time the matter shall be referred to the Building Official, Police Department, Fire Department, or other applicable agency, depending on the nature of the violation, for immediate action. A Public Safety Officer shall not be required to issue a pre-citation or courtesy notice as provided in Subsection (b) of this Section; however, a Public Safety Officer, in the discretion of such officer, may issue such courtesy notice. The City Manager may by administrative rule or regulation or by direction or order authorize an Enforcement Officer to issue an administrative citation without first complying with the pre-citation or courtesy notice requirements as otherwise required pursuant to Subsection (b) of this Section.

• (b) Prior to issuing an administrative citation for a violation of this code that does not create an immediate danger to health or safety, the enforcement officer shall serve a pre-citation or courtesy notice on the responsible party for the violation containing the following information:

  • (1) The date the violation was observed;

  • (2) The address or a definite description of the location where the violation was observed;

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City of Palm Springs, CA

GENERAL PROVISIONS

§ 1.06.030

§ 1.06.040

• (3) The section of this code violated and a description of the violation;

• (4) The compliance date by which the violation shall be corrected or otherwise remedied, which shall be no less than fifteen days and no more than sixty days from the date the pre-citation notice is given, as determined to be reasonable by the code enforcement official;

• (5) A statement that if the violation is not corrected by the specified compliance date, that an administrative citation will be issued which imposes a fine, for the amount of which will be specified; and

• (6) The name, signature and department of the enforcement officer issuing the precitation notice.

• (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 this code violated and a description of the violation;

  • (4) The amount of the fine for the code violation;

  • (5) 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;

  • (6) An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

• (7) 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; and

  • (8) The name, signature, and department of the citing enforcement officer.

(d) An administrative citation shall be issued and served in accordance with Section 1.06.040. (Ord. 1669 § 5, 2005; Ord. 1679 § 4, 2005; Ord. 1848 § 1, 2014)

• (a) First Administrative Citation. If the violation is not abated by the date set forth in the courtesy notice, a first administrative citation shall be issued. The first administrative citation shall carry a fine of one hundred dollars, or such amount as the city council may establish by resolution, and shall require abatement of the violation within ten calendar days from the date of the first administrative citation. If an extension of the compliance date set forth in the first administrative citation is requested and approved in accordance with Section 1.06.050, the fine must be paid prior to the city's grant of the extension. The first administrative citation shall warn the responsible party of an additional two hundred fifty dollar penalty, or such amount as the city council may establish by resolution, for not abating the violation by the compliance date set forth in the first administrative citation or the extension period granted by the city.

• (b) Second Administrative Citation. If the violation continues after the compliance date in the

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City of Palm Springs, CA § 1.06.040

PALM SPRINGS CODE

§ 1.06.050

first administrative citation or any extension period granted by the city, or a second violation of the same provision of this code occurs within one year of the compliance date of the first such violation, a second administrative citation shall be issued. The second administrative citation shall carry a fine of two hundred fifty dollars, or such amount as the city council may establish by resolution, and shall require abatement of the violation within ten calendar days from the date of the second administrative citation, and shall clearly indicate "SECOND ATTEMPT TO OBTAIN COMPLIANCE." If an extension of the compliance date set forth in the second administrative citation is requested and approved in accordance with Section 1.06.050, the full amount of all fines must be paid prior to the city's grant of the extension. The second administrative citation shall warn the responsible party of an additional five hundred dollars penalty for not abating the violation by the compliance date set forth in the second administrative citation or the extension period granted by the city.

• (c) Third Administrative Citation. If the violation continues after the compliance date in the second administrative citation or any extension period granted by the city, or a third or subsequent violation of the same provision of this code occurs within one year of the compliance date of the first such violation, a third administrative citation shall be issued. The third administrative citation shall carry a fine of five hundred dollars, or such amount as the city council may establish by resolution, and shall require abatement of the violation within ten calendar days from the date of the third administrative citation, and shall clearly indicate "FINAL ATTEMPT TO OBTAIN COMPLIANCE – FAILURE TO COMPLY MAY RESULT IN PUBLIC NUISANCE PROCEEDINGS AND OTHER ENFORCEMENT ACTIONS – ALL COSTS ASSOCIATED WITH PUBLIC NUISANCE PROCEEDINGS MAY BE LIENED AGAINST THE SUBJECT PROPERTY IF NOT PAID BY THE RESPONSIBLE PARTY." If an extension of the compliance date set forth in the third administrative citation is requested and approved in accordance with Section 1.06.050, the full amount of all fines must be paid prior to the city's grant of the extension.

• (Ord. 1669 § 5, 2005; Ord. 1679 §§ 5, 6, 2005)

• (a) Upon receipt of an administrative citation, the responsible party must take one of the following actions to avoid additional penalties:

  • (1) Correct the violation, pay the corresponding fine(s), if any, and contact the city to request a re-inspection, prior to the compliance date specified in the administrative citation; or

  • (2) Request an extension of time in writing, which shows a reasonable hardship pursuant to subsection (b) of this section, prior to the compliance date specified in the administrative citation; or

  • (3) Request a hearing to appeal the administrative citation pursuant to subsection (c) of this section.

• (b) All requests for extensions must be made in writing, submitted to the enforcement officer, and present a reasonable hardship. The enforcement officer may grant a one-time extension at his/her discretion after payment of the fine due. The extension shall not exceed thirty days unless the matter is referred to the city manager for additional time. The city manager

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City of Palm Springs, CA

GENERAL PROVISIONS

§ 1.06.050

§ 1.06.060

may grant additional time as determined in the city manager's reasonable discretion, considering all relevant facts and circumstances of the hardship. If the case has been referred or appealed to the hearing officer, extensions may not be granted.

• (c) A responsible party receiving an administrative citation may appeal such citation within ten calendar days from the date the citation is deemed served, or such extended date, if an extension is granted pursuant to Section 1.06.050.

  • (1) The appeal must be in writing and must indicate the appellant's full name and mailing address. It must be accompanied by the penalty amount and appeal fee which shall be set by city council resolution, must specify the basis for the appeal in detail, and must be filed with the city clerk's office. If the appeal deadline falls on a day City Hall is closed, then the deadline shall be extended until the next regular business day.

  • (2) As soon as practicable after receiving the written notice of appeal, the city manager shall fix a date, time, and place for the hearing before a hearing officer. Hearings shall take place once per month at a set time and date, unless the city finds it necessary to conduct hearings more frequently. Written notice of the time and place for the hearing may be served by first class mail, at the mailing address indicated on the written appeal. Service of the appeal notice must be made at least ten calendar days prior to the date of the hearing to the party appealing the administrative citation.

  • (3) The failure of any person with an interest in the property, or other responsible party, to receive such properly addressed notice of the hearing shall not affect the validity of any proceedings under this chapter. Service by first class mail, postage prepaid shall be effective on the date of mailing.

• (4) Failure of any responsible party to file an appeal in accordance with the provisions of this section shall constitute a waiver of that responsible party's rights to administrative determination of the merits of the administrative citation and the amount of the penalty. If no appeal is filed, the administrative citation shall be deemed a final administrative order and a failure to exhaust the responsible party's administrative remedies.

• (Ord. 1669 § 5, 2005)

• (a) The city manager shall designate a hearing officer or hearing officers to conduct appeals under this chapter. Each hearing officer shall be an individual or appointed person or board, subject to the provisions of the Political Reform Act of 1974 and all other laws, ordinances, or regulations of the state or the city relating to conflicts of interest. All costs associated with the hearing officer shall be paid from the appeal hearing fees and fines collected from administrative citations. The responsible party may request the city manager to excuse a hearing officer upon a showing of actual prejudice against the party's cause. The hearing officer shall conduct an orderly fair hearing and accept evidence on which persons would commonly rely in the conduct of their ordinary business affairs as follows:

  • (1) A valid citation shall be prima facie evidence of the violation.

  • (2) The hearing officer shall administer oaths and accept testimony by declaration under penalty of perjury relating to the violation and the appropriate means of correcting the violation.

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 1.06.060

§ 1.06.070

• (3) The owner, agent, person responsible for the violation, or any other interested person, may present testimony or evidence concerning the violation and the means and time frame for correction.

• (b) The city manager shall establish all appropriate administrative regulations for implementing this chapter, including the conduct of hearings and rendering decisions pursuant to this section.

• (c) The hearing officer may modify the penalties stated in an administrative citation depending upon the circumstances of each case and the evidence presented and the hearing officer provides specific grounds for such modification in the written decision. The hearing officer has authority to reduce, conditionally reduce, or increase the amount of any penalties, subject to the fine amounts or limits established by the council by resolution. The hearing officer may impose conditions and deadlines for correction of violations or payment of outstanding penalties.

• (d) The failure of the responsible party or duly authorized representative to appear at the hearing shall constitute a forfeiture of the fine and appeal fees and a failure to exhaust the responsible party/appellant's administrative remedies.

• (e) The hearing officer shall make findings based on the record of the hearing and make a written decision based on the findings. The city shall preserve all exhibits submitted by the parties and shall serve the decision by first class mail on the appellant within ten calendar days after the hearing. The decision of the hearing officer dismissing the administrative citation is final and conclusive. The decision of the hearing officer affirming the administrative citation is final and conclusive, subject only to review by the Superior Court in accordance with state law pursuant to an appeal to Superior Court filed by the appellant within twenty days of the date that the administrative citation is served upon the appellant. There are no appeals to the city council.

• (f) If the hearing officer dismisses the administrative citation, all fines and appeal fees shall be refunded to the responsible party/appellant within thirty calendar days.

• (g) The responsible party who requested the hearing may obtain review of the hearing officer's administrative decision regarding the administrative citation by filing a petition for judicial review pursuant to the provisions of California Government Code Section 53069.4.

• (Ord. 1669 § 5, 2005; Ord. 1679 § 7, 2005)

• (a) The failure of any person to pay a fine assessed by administrative citation within the time specified on the administrative citation constitutes a debt to the city. To enforce that debt, the city manager may file a civil action, impose a special assessment as set forth below, or pursue any other legal remedy to collect such debt, including reasonable costs of collection and attorneys' fees.

• (b) The city council may impose a special assessment against the property that is the subject of a citation if the citation has been issued to the property owner. The city manager shall record a notice of lien in the office of the county recorder when the special assessment procedure is used. When so made and confirmed, the cost shall constitute a lien on that property for the amount of the assessment.

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City of Palm Springs, CA

GENERAL PROVISIONS

§ 1.06.070

§ 1.06.090

• (c) After confirmation and recordation, a copy shall be turned over to the Riverside County tax collector. At that point, it will be the duty of the tax collector to add the amounts of the respective assessments to the next regular property tax bills levied against the lots and parcels of land for municipal purposes. Those amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes. Or, after recording, the lien may be foreclosed by judicial or other sale in the manner and means provided by law.

• (d) Non-payment of fines which the city has made reasonable effort to collect shall be deemed a misdemeanor for which the responsible party may be prosecuted.

• (e) Administrative citation fines collected pursuant to this chapter shall be deposited into a an appropriate fund to be administered in furtherance of the purposes of this chapter and to fund such code enforcement and public nuisance abatement actions and proceedings as the city council may identify or proscribe.

• (Ord. 1669 § 5, 2005)

Any administrative citations pursuant to this chapter shall not prejudice or adversely affect any other action, civil or criminal, that may be brought to abate the public nuisance or violation or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other process regarding the same public nuisance or violation. (Ord. 1669 § 5, 2005)

The city manager shall cooperate with neighborhood organizations and the neighborhood involvement committee, as may be organized pursuant to the provisions of Chapter 2.55 of this code, in the implementation of this chapter. Such cooperation may include the provision of information and the establishment of forums for dialogue and communication on the requirements of the city's code and the city's enforcement of the code. Nothing in this chapter shall be construed as authorizing the city manager to appoint or designate any member of any neighborhood organization or the neighborhood involvement committee as an enforcement officer.

(Ord. 1669 § 5, 2005)

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City of Palm Springs, CA

GENERAL PROVISIONS

§ 1.08.010

§ 1.08.060