Chapter 1.25 — ADMINISTRATIVE PENALTIES—COMPLIANCE ORDERS

This chapter provides for administrative penalties for any continuing violation of this code. Administrative penalties may be pursued in addition to, or in lieu of any other legal remedy, criminal or civil, which may be pursued by the city to address any violation of this code. The city attorney, city prosecutor, or their assistants, have sole discretion to determine whether a violation will be prosecuted criminally. Regardless of whether a violation is criminally prosecuted, the city may proceed with administrative proceedings pursuant to this chapter.

(Ord. No. 7447, § 2, 6-2-2025; Ord. 6761 § 1 (part), 1998)

The following words and phrases, when used in the context of this chapter, shall have the following meanings:

"Administrator" means the enforcement official who is duly authorized to enforce a provision of the Pasadena Municipal Code that is subject to this chapter."

"Legal interest" means any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is recorded with the county recorder.

"Responsible person" means any person whom the administrator determines is responsible for causing or maintaining a violation of the code. The term "responsible person" includes but is not limited to a property owner, tenant, person with a

legal interest in real property, or person in possession of real property.

(Ord. 6896 § 47, 2002; Ord. 6761 § 1 (part), 1998)

Whenever the administrator determines that there exists a continuing violation of any provision of this code that is subject to this chapter, the administrator may issue or cause to be issued a written compliance order to any responsible person.

(Ord. 6761 § 1 (part), 1998)

A compliance order shall contain all of the following information:

A.

The date and location of the violation and the approximate time the violation occurred.

B.

The city code section violated and a description of how the section was violated.

C.

The action required to correct the violation and the date by which such action must be completed. The date for compliance shall not be less than 30 days from the date the compliance order is served.

D.

The consequences of failing to correct the violation, including a description of the administrative hearing procedure and appeal process.

E.

The time period after which administrative penalties will begin to accrue if there is no compliance with the order.

F.

The amount of penalty that will be imposed if there is no compliance with the order.

(Ord. 6761 § 1 (part), 1998)

The administrator may serve, or cause to be served, a compliance order, as follows:

A.

If the responsible person is a corporation, the administrator or his or her designee shall attempt to locate any one of the following individuals and issue to that individual a compliance order: the president or other head of the corporation, a vice- president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the corporation to receive service of process in a civil action. If the office address of any of the above-listed individuals is known to the city, a copy of the compliance order also shall be mailed to one of those individuals by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

B.

If the responsible person is a business other than a corporation, the administrator or his or her designee shall attempt to locate the business owner and issue the business owner a compliance order. If the administrator or his or her designee can locate only the manager of the business, the compliance order may be issued to the manager of the business. If the address of the business is known, a copy of the compliance order also shall be mailed to that address to the attention of the business owner or a responsible person. The mailing shall be sent by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

C.

The administrator or his or her designee shall attempt to obtain on the compliance order the signature of a responsible person, or in cases in which the responsible person is a corporation or business, the signature of the person served with the compliance order. If a responsible person or person served refuses or fails to sign the compliance order, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings.

D.

If the administrator or his or her designee is unable to locate a responsible person for the violation, the compliance order shall be mailed to the responsible person by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.

E.

If the administrator or his or her designee does not succeed in serving the responsible party personally, or by certified mail or regular mail, the administrator or his or her designee shall post the compliance order on any real property within the city in which the city has knowledge that the responsible party has a legal interest, and such posting shall be deemed effective service.

F.

If the administrator or his or her designee does not succeed in serving the responsible party personally, by certified mail or regular mail, and the city is not aware that the responsible party has a legal interest in any real property within the city, the administrator or his or her designee shall cause the compliance order to be published once a week for four successive weeks in a local newspaper published at least once a week.

(Ord. 6761 § 1 (part), 1998)

If the administrator determines that all violations specified in the compliance order have been corrected within the time set forth in the order, no further action shall be taken against the responsible person regarding the violation(s).

(Ord. 6761 § 1 (part), 1998)

If the responsible person fails to fully comply with the compliance order within the time specified therein, the city shall conduct an administrative hearing regarding the violation(s). The administrator or his or her designee shall cause a written notice of hearing to be served on the responsible person in the manner applicable pursuant to Section 1.25.050.

(Ord. 6761 § 1 (part), 1998)

The notice of hearing shall contain the date, time, and place of the hearing. The hearing shall be set for a date not less than fifteen (15) days nor more than sixty (60) days after the date the notice of hearing is served on the responsible person.

(Ord. 6761 § 1 (part), 1998)

The responsible person may request one continuance of the hearing, but in no event may the hearing begin later than ninety (90) days after service of the notice of hearing upon the responsible person.

(Ord. 6761 § 1 (part), 1998)

A.

If the responsible person receiving the notice of hearing is a first-time violator (has not received a previous compliance order for the same violation within the last year, which compliance order proceeded to administrative hearing and was determined at the hearing, or on appeal, to have been violated), the administrator or his or her designee shall select an administrative hearing officer pursuant to Section 1.25.110, and the matter shall proceed pursuant to Sections 1.25.130 through 1.25.170.

B.

If the responsible person receiving the notice of hearing has received a previous compliance order for the same violation within the last year, and the previous order was found by an administrative hearing officer, or on appeal, to have been violated, the administrator or his or her designee shall refer the violation to the administrative hearing board, as that board is constituted pursuant to Section 1.25.120, to conduct a hearing and the matter shall proceed pursuant to Sections 1.25.130 through 1.25.170.

(Ord. 6761 § 1 (part), 1998)

The administrator shall select an administrative hearing officer. The administrative hearing officer may be, without limitation, a member of the staff of the department which issued the compliance order. In no event, however, shall the person who issued the compliance order be the administrative hearing officer.

(Ord. 6761 § 1 (part), 1998)

The administrator shall appoint a three-member administrative hearing board, consisting of city staff members and/or residents of the city, to serve each calendar year. The administrative hearing board shall conduct hearings as necessary on compliance orders issued to responsible persons who were issued at least one compliance order for the same violation within the last year, and who were subsequently found to have violated the provisions of the compliance order.

(Ord. 6761 § 1 (part), 1998)

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 and to cross-examine witnesses. The city bears the burden of proof at an administrative hearing to establish a violation of the city code. The administrative hearing officer or board, whichever the case may be, must use preponderance of evidence as the standard of evidence in deciding the issues.

(Ord. 6761 § 1 (part), 1998)

If the responsible person fails to attend the scheduled hearing, the hearing will proceed without the responsible person, and he or she will be deemed to have waived his or her right to an administrative hearing. Notwithstanding this waiver and the time limits set forth in Section 1.25.080, if service of the notice of hearing is made by posting the order on real property within the city in which the responsible person has a legal interest, and the responsible person provides verifiable and substantial evidence that removal of the notice of hearing from the property by a third party caused the responsible person's failure to attend the scheduled hearing, the responsible person shall be entitled to an additional administrative hearing.

(Ord. 6761 § 1 (part), 1998)

A.

The administrative hearing officer or board, whichever the case may be, shall issue a written decision entitled "administrative order" no later than thirty (30) days after the date on which the administrative hearing concludes. The administrative order shall be served upon the responsible person by the applicable method set forth in Section 1.25.050. The administrative hearing officer or board shall make findings within the administrative order regarding the existence of the violation(s) specified in the compliance order, and regarding whether the responsible person took the required corrective action within the time period set forth in the compliance order. If the administrative hearing officer or board concludes that the violation continues to exist, the administrative order shall set forth a schedule for correction. If the administrative hearing officer or board determines that the violation(s) set forth in the compliance order did not exist, or that the violation(s) was timely corrected, all proceedings regarding the violation(s) shall immediately cease.

B.

The administrative order shall impose administrative penalties as provided in Section 1.25.160, and administrative costs as provided in Section 1.25.170.

C.

The administrative order shall become final on the date of service, and shall notify the responsible person of his right to appeal as provided in Section 1.25.180. The administrative order shall set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal.

(Ord. 6761 § 1 (part), 1998)

A.

The administrative hearing officer or board shall assess against the responsible person an administrative penalty for any violation found to exist, or for any violation which was not timely corrected. The penalty shall be in the amount set forth in the administrative citation schedule established by resolution of the city council for the particular violation. Because a new and separate offense occurs under Section 1.24.030 each day during which a violation of any provision or requirement of this code is committed, the administrative hearing officer or board may further assess a penalty in the amount set forth in the administrative citation schedule for each day from the date the compliance order was issued until the date the violation is corrected as determined by the administrator or his or her designee. The administrative order shall specify the date by which the penalty must be paid.

B.

Administrative penalties assessed by the administrative hearing officer or board are a debt owed to the city.

C.

If the responsible person provides written notice to the administrator or his or her designee that the violation has been corrected, and if the administrator or his or her designee finds compliance, the administrator or his or her designee shall

deem the date the written notice was postmarked or personally delivered to the administrator or his or her designee to be the date the violation was corrected. If, however, a final inspection confirmed compliance before mailing or personal delivery of a written notice, or if no written notice is provided, the date of final inspection shall be deemed to be the date the violation was corrected.

(Ord. 6761 § 1 (part), 1998)

The administrative hearing officer or board shall assess against the responsible person administrative costs for any violation found to exist, or for any violation which was not timely corrected. The administrative costs include any and all costs incurred by the city in connection with prosecuting the violation, including but not limited to costs of investigation, staffing costs in preparation for the administrative hearing and for the hearing itself, and costs for all inspections necessary to enforce the compliance order and the administrative order. The administrative order shall specify the date by which the costs must be paid to the city.

(Ord. 6761 § 1 (part), 1998)

Within 20 days after service of the administrative order upon the responsible person, he or she may seek review of the administrative order by filing a notice of appeal with the municipal court. The responsible person shall serve upon the city clerk either in person or by first class mail a copy of the notice of appeal. If the responsible person fails to timely file a notice of appeal, the administrative order shall be deemed confirmed.

(Ord. 6761 § 1 (part), 1998)

Failure to comply with an administrative order after it becomes final is a misdemeanor. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with the administrative order.

(Ord. 6761 § 1 (part), 1998)