Pasadena Municipal Code Ch. 2.355 Administrative Resolution of Code Violations

A. This chapter provides an alternative procedure to formal criminal or civil procedures for resolution of code violations of a minor nature. The procedures of this chapter are cumulative to any other remedy provided by law, and nothing herein shall require the city to use the procedures allowed by this chapter as an alternative to any other remedy, civil or criminal.

B. The procedures in this chapter are primarily intended to be used when a code violation constitutes a continuing use or condition of property or land which violates the mandatory or prohibitory requirements of any provision of this code or city ordinances, and the person responsible for the violation cannot be immediately located or determined by an enforcement officer for citation at the time the violation is observed by that officer.

(Ord. 6229 § 2 (part), 1987)

For purposes of this chapter only, the following terms shall have the following meanings:

A. "Enforcement officer" means any person authorized or eligible for authorization to arrest pursuant to Chapter 2.385 of this code.

B. "Supervising enforcement officer" means the health officer or administrator of housing and neighborhood services.

(Ord. 6229 § 2 (part), 1987)

A. Upon discovering or observing any violation of this code or city ordinance for which an enforcement officer could issue a citation to a violator, the enforcement officer may issue a notice of violation in the form prescribed in Section 2.355.040.

B. If the violation involves an illegally parked or locked vehicle not on a public street or highway and the person chargeable for the violation is not or cannot be found in the vicinity of the vehicle and the enforcement officer determines to issue a notice of violation, then the notice of violation shall be securely attached to the vehicle in a conspicuous place.

C. If the violation relates to the use or occupancy of real property and the person chargeable for the violation cannot be found on the property and the enforcement officer determines to issue a notice of violation, then the notice of violation shall be given to the person apparently in charge of the property, if any, and shall be posted on the property in a conspicuous place.

D. Posting as required herein shall be done at the time the violation is observed.

E. The enforcement officer may leave additional copies of the notice of violation on the property to ensure copies are received by the person chargeable with the violation.

(Ord. 6229 § 2 (part), 1987)

A. Notice of violation issued pursuant to this chapter shall contain the following information:

1. A brief description of the violation, including a reference to the code section or ordinance violated;

2. The approximate time the violation was observed;

3. The location where the violation was observed;

4. The signature of the enforcement officer;

5. If the offense involves a vehicle, the state and license number of the vehicle;

6. A statement that payment of the fine indicated on the notice will act to prevent criminal prosecution for the violation for the day the notice was issued, but will not excuse future violations or excuse any failure to correct the condition constituting the violation;

7. The address and title of the supervising enforcement officer charged with enforcing the code section which constitutes the violation, and a statement that a hearing contesting the violation or the amount of the fine may be obtained with the supervising enforcement officer.

B. The supervising enforcement officers may adopt standard forms for the notices allowed by this chapter.

(Ord. 6229 § 2 (part), 1987)

A. Each supervising enforcement officer shall set forth, in writing, a standard schedule for fines for common violations of code sections and ordinances which he is responsible for enforcing.

B. In no event shall the fine set forth in the schedule exceed $1,000.00.

C. The supervising enforcement officer may direct that notices of violation and fines as provided herein may not be used to enforce specified violations of code sections, but may direct that violations be enforced through any other remedy allowed by law.

D. The amount determined in the standard schedule for fines may be preprinted on the notice of violation.

(Ord. 6229 § 2 (part), 1987)

(Ord. No. 7316, § 1, 1-8-2018)

A. Any person receiving a notice of violation may, within the time stated for payment of the fine, request a hearing before the supervising enforcement officer. A hearing shall be set within a reasonable time after the request.

B. The supervising enforcement officer hearing the matter may reduce, waive, or conditionally reduce the fine stated in the notice of violation.

(Ord. 6229 § 2 (part), 1987)

A. If the fine specified in the notice of violation is not paid within the time specified in the notice, and no administrative hearing is requested, then the notice of violation may be mailed to the registered owner of the vehicle, if the violation relates to a vehicle, or to the person to whom the property is assessed on the latest equalized assessment roll of the Los Angeles County tax assessor, if the violation relates to the use, occupancy or condition of real property. The notices shall specify a date 15 days after the mailing date for payment of the fine or request a hearing.

(Ord. 6229 § 2 (part), 1987)

A. The payment of the fine specified in the notice of violation within the time limit stated in the notice, or the payment of the amount determined after an administrative hearing held pursuant to Section 2.355.060, shall bar further prosecution for the violation stated in the notice.

B. Payment of the fine described herein shall bar prosecution only for the violation committed on the day of the notice, and shall not excuse the failure to abate any violations, or bar prosecution for any violation occurring on any other date.

(Ord. 6229 § 2 (part), 1987)