Chapter 1.18 — ADMINISTRATIVE ENFORCEMENT OF PERRIS MUNICIPAL ORDINANCE VIOLATIONS

The terms used in this chapter shall have the following meanings:

Administrative citation has the meaning as defined in section 1.18.010(d).

Administrative citation issuance date means the date the administrative citation is released from the city's possession by any of the methods specified in section 1.18.010(e).

Board of zoning adjustment means the entity established pursuant to section 19.77.010.

City enforcement division means the city agency designated to enforce this Code and the city's ordinances.

City enforcement official means persons designated by the city council pursuant to section 1.16.020 and any other peace officer.

Code means the Perris Municipal Code.

Correction notice has the meaning as defined in section 1.18.010(c).

Correction notice issuance date means the date the correction notice is released from the city's possession by any of the methods specified in section 1.18.010(e).

Day means calendar day.

Designated hearing date means the date of the board of zoning adjustment hearing designated by the city as the time when the offender's case is scheduled to be presented and heard.

Interested party means any competent person.

Municipal ordinance violation means any act or omission that constitutes an infraction as specified in this Code, or any violation of any city ordinance constituting an infraction. Persons shall be deemed guilty of a separate municipal ordinance violation for each and every day during any portion of which any municipal ordinance violation is committed, continued or permitted by such person after the first administrative citation is issued and shall be punished accordingly. For the purposes of this chapter, a municipal ordinance violation is an administrative violation. Nothing in this chapter shall be construed to mean that a municipal ordinance violation is not also a crime punishable under criminal proceedings.

Offender means any person who violates any provision, or fails to comply with any of the requirements of this Code or the city's ordinances.

Representative means a duly appointed representative of the offender. The representative need not be an attorney. For the purposes of this section, the term "duly appointed" means that if the offender is not present at the hearing to consent to his representation by the representative, the offender's representative must present a consent form signed by the offender and notarized as such designating the representative as the offender's representative.

(Code 1972, § 1.18.001; Ord. No. 1034, § 6(part), 1996)

The board of zoning adjustment's jurisdiction is expanded to include conducting hearings on any and all municipal ordinance violations in addition to the board of zoning adjustment's existing powers already set forth in other parts of the Code.

(Code 1972, § 1.18.005; Ord. No. 1034, § 6(part), 1996)

(a)

Issuance of administrative citation. Unless otherwise provided for in this chapter, a city enforcement official, upon determining that a person has committed a municipal ordinance violation, shall present the offender with an administrative citation.

(b)

Correction period. This subsection (b) shall not apply when the city seeks to abate the property under the abatement process set forth in this Code.

(1)

When the municipal ordinance violation pertains to building, plumbing, electrical or other similar structural or zoning issues that do not create an immediate danger to health or safety, the offender shall have no less than 30 days to correct or otherwise remedy the municipal ordinance violation prior to the issuance of an administrative citation and the imposition of a municipal ordinance violation fine. A correction period longer than 30 days may be granted if deemed necessary by the city enforcement official.

(2)

Upon discovery of the municipal ordinance violation that pertains to building, plumbing, electrical or other similar structural or zoning issues that do not create an immediate danger to health or safety, the city enforcement official shall issue a correction notice to the offender.

(c)

Correction notice. The correction notice should contain, to the extent information is reasonably available to the code enforcement official, the following:

(1)

Correction notice's issuance date;

(2)

Offender's name;

(3)

Offender's current residential address and mailing address;

(4)

Offender's date of birth;

(5)

Offender's driver's license number or state issued identification number;

(6)

Municipal ordinance violation number and description;

(7)

Date municipal ordinance violation was discovered by the city enforcement official;

(8)

Potential fine amount if not corrected;

(9)

Action necessary to correct municipal ordinance violation;

(10)

Final date correction must be made by offender; and

(11)

A warning that failure to correct the municipal ordinance violation shall result in a citation.

(d)

Administrative citation contents. The administrative citation should contain, to the extent the information is reasonably available to the code enforcement official, the following:

(1)

Administrative citation's issuance date;

(2)

Offender's name;

(3)

Offender's current residential address and mailing address;

(4)

Offender's date of birth;

(5)

Offender's driver's license number or state issued identification number;

(6)

Municipal ordinance violation number and description;

(7)

Date municipal ordinance violation was discovered by the city enforcement official;

(8)

Fine amount;

(9)

Location and manner offender can pay municipal ordinance violation fine, including the city finance department's address;

(10)

Procedure for appearing at an administrative hearing. Specifically, notice to the offender that the offender must make a written request within ten days of the administrative citation issuance date in order to obtain a hearing and that the offender will be notified by mail of the hearing date; and

(11)

A warning that a failure to pay the municipal code violation or request and appear at a board of zoning adjustment hearing on the scheduled date shall result in the penalties described in section 1.18.040, including a description of the penalties.

(e)

Notice. Administrative citation and correction notices shall be provided by one of the following methods:

(1)

By personal service on the offender;

(2)

By registered or certified mail to the offender's last known address.

(Code 1972, § 1.18.010; Ord. No. 1034, § 6(part), 1996)

(a)

Offender's obligations. After the issuance of the administrative citation, at a minimum, an offender or the offender's representative shall do one of the following to avoid the penalty set forth in section 1.18.025:

(1)

Pay the fine amount designated on the administrative citation within 21 days of the administrative citation issuance date; or

(2)

Within and including ten days of the administrative citation issuance date make a written request for a hearing with the board of zoning adjustment and appear before the board on the designated hearing date and abide by or appeal the board of zoning adjustment's decision. The offender's written request shall be considered timely if it arrives, is delivered, or it reflects a United States mail postmark date within and including ten days from the administrative citation issuance date.

(b)

Payments. Payments shall be sent to the city's finance department.

(c)

No waiver. Under no circumstances shall the payment of the municipal ordinance violation fine designated in the administrative citation constitute a waiver of the offender's right to a board of zoning adjustment hearing. Therefore, an offender may pay the fine within the 21-day period and also appear at the designated hearing to protest the imposition of the fine if the offender made a timely request for a hearing as required in this section.

(d)

Obligation to correct violation. Nothing in this Code shall be interpreted to mean that because an offender has paid the municipal ordinance violation fine that he is not required to correct the municipal ordinance violation. Failure to correct the municipal ordinance violation could result in the issuance of additional citations.

(Code 1972, § 1.18.015; Ord. No. 1034, § 6(part), 1996)

(a)

Hearing. The board of zoning adjustment shall, at the scheduled date and time specified, conduct a hearing where the board can hear and consider any relevant testimony or evidence offered by the offender, any city official or any other interested party. The hearing shall be informally conducted. The formal rules of the California Evidence Code shall not apply, except that irrelevant and unduly repetitious evidence shall be excluded at the board of zoning adjustment's discretion.

(b)

Jury and public defense. Pursuant to California Penal Code section 19.6, an offender shall not be entitled to a jury in a board of zoning adjustment municipal ordinance violation (infraction) hearing nor shall an offender be entitled to have the public defender or other counsel appointed at public expense to represent him.

(c)

Continuances. At its discretion, the board of zoning adjustment may continue the hearing to another date and time.

(d)

Written determination contents. If the offender or the offender's representative appears at the hearing, the board of zoning adjustment shall provide a written determination to the offender and the city enforcement division. The board of zoning adjustment's written decision shall contain the following:

(1)

The board of zoning adjustment's findings of fact and conclusions;

(2)

The procedure described in section 1.18.035 for appealing the board of zoning adjustment's decision.

(e)

Notification of written determination.

(1)

If the board of zoning adjustment produces a written decision, it must do so within ten days of the hearing's conclusion. Written determinations shall be provided by one of the following methods:

a.

By personal service on the offender;

b.

By registered or certified mail to the offender's last known address.

(2)

Written determinations shall be considered timely if they arrive, are delivered or reflect a United States mail postmark date within and including ten days from the conclusion of the board of zoning adjustment hearing where the determination was made.

(3)

Upon written request to the board of zoning adjustment, interested parties shall also be provided a copy of the determination within the time period described in this subsection (e).

(Code 1972, § 1.18.020; Ord. No. 1034, § 6(part), 1996)

violation fine.

(a)

Penalty.

(1)

If the offender fails to pay the municipal ordinance violation fine within the time period specified in section

forth in section 1.18.040. When an offender requests a hearing and fails to appear at the designated hearing date, the penalty in section 1.18.040 shall immediately be in effect if the offender has not paid the municipal ordinance violation fine by the designated hearing date and 21 days has passed since the citation issuance date.

(2)

If the offender fails to appear at the designated hearing date and 21 days from the citation issuance date has not passed, the offender has until the end of the 21-day period to pay the municipal ordinance violation fine before the penalty in section 1.18.040 comes into effect.

(b)

Waiver of right to hearing. The offender's failure to appear on the designated hearing date shall constitute a waiver of the right to a hearing. An offender's failure to appear on the designated hearing date shall be presumed an admission of guilt to the municipal ordinance violation charges as indicated on the administrative citation.

(c)

Good cause. Upon a showing of good cause by the offender or the offender's representative, the board of zoning adjustment may excuse the offender's failure to appear on the designated hearing date and reschedule the offender's hearing. Under no circumstances shall the offender's hearing be rescheduled more than one time unless the offender pays a deposit in the amount of the municipal ordinance violation fine. Nothing in this subsection (c) shall be interpreted to mean the following:

(1)

The offender is excused from the requirement to pay the administrative violation fine or appear at a board of zoning adjustment hearing.

(2)

The board of zoning adjustment may excuse the offender from appearing altogether.

(3)

The board of zoning adjustment may excuse the offender from paying the municipal ordinance violation fine, unless a hearing as described in section 1.18.020 has been conducted and the board of zoning adjustment finds in favor of the offender.

(d)

Written decision. If the offender fails to appear at the hearing, the board of zoning adjustment may, but is not required to render a decision. However, any decision that the board of zoning adjustment does render shall be in favor of the city as the offender's failure to appear constitutes an admission of guilt as specified above. The offender's failure to appear shall not affect the validity of the board of zoning adjustment's decision.

(Code 1972, § 1.18.025; Ord. No. 1034, § 6(part), 1996)

A decision in favor of the offender shall constitute a dismissal of the municipal ordinance violation. The city shall return any moneys paid by the offender as a deposit towards the dismissed municipal ordinance violation fine.

(Code 1972, § 1.18.030; Ord. No. 1034, § 6(part), 1996)

If the board of zoning adjustment conducts a hearing and renders a written decision in favor of the city, the offender must do one of the following:

(1)

Abide by the board of zoning adjustment's order including paying the municipal ordinance violation fine in full within 20 calendar days of service of the board of zoning adjustment's decision;

(2)

Appeal the board of zoning adjustment's decision pursuant to California Government Code section 53069.4 (hereinafter section 53069.4) within 20 calendar days after service of the board of zoning adjustment's decision. Pursuant to section 53069.4, the appealing party shall serve a copy of the appeal notice in person or by first-class mail upon the city. Appeal notices shall be sent to: City Enforcement Division, 155 E. 4th Street, Perris, California 92570-2200. If no appeal notice is filed within the 20-calendar-day period, the board of zoning adjustment's decision shall be deemed confirmed; or

(3)

File a petition for a writ of mandate pursuant to California Code of Civil Procedure section 1094.5 et seq.

(Code 1972, § 1.18.035; Ord. No. 1034, § 6(part), 1996)

(a)

Municipal ordinance violation fine. Municipal ordinance violation fines shall be set by city council resolution, as may be amended from time to time. Municipal ordinance violation fines shall not exceed $100.00 for a first violation, $200.00 for a second violation of the same municipal ordinance violation within one year, and $500.00 for each additional violation of the same municipal ordinance violation within one year. Municipal ordinance violations are not punishable by imprisonment.

(b)

Increase in fine.

(1)

As a penalty for the failure to comply with section 1.18.015, 1.18.025 or 1.18.035, the original municipal ordinance violation fine shall be doubled. An offender can avoid the additional penalty set forth in subsection (c) of this section by paying the doubled municipal ordinance violation fine within 45 days of the administrative citation issuance date.

(2)

If the offender requests a hearing, and the designated hearing date is set later than 45 days from the citation issuance date, and the offender fails to appear at the designated hearing date, the offender may pay the doubled fine within five days of the designated hearing date and avoid the penalty set forth in this subsection (b).

(c)

Misdemeanor. The failure to comply with the provisions set forth in section 1.18.015, 1.18.025, 1.18.035 or

in jail.

(Code 1972, § 1.18.040; Ord. No. 1034, § 6(part), 1996)

(a)

Nothing in chapter 1.16 or 1.18 shall be interpreted to prevent the city from using the abatement procedures set forth in title 19, instead of the administrative hearing procedures set forth in chapter 1.18. In addition to or as an alternative to the administrative abatement procedures set forth in title 19, the city may impose a fine as set forth in this title and chapter 1.18. If a fine is imposed in addition to abatement, the procedural provisions set forth for abatement in title 19 shall be followed and the procedures set forth in this title and chapter 1.18 shall not be followed.

(b)

Nothing in this title or in title 19 shall be interpreted to mean that the appellate process set forth in section

apply to board of zoning adjustment municipal ordinance violation decisions set forth in this title and chapter 1.18. The appellate procedure set forth in section 19.77.030 shall apply only to the board of zoning adjustment's decisions regarding issues set forth in title 19.

(Code 1972, § 1.18.045; Ord. No. 1034, § 6(part), 1996)

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the city council without the incorporation in the Code of any such unconstitutional phrase, clause, sentence, paragraph or section.

(Code 1972, § 1.18.050; Ord. No. 1034, § 6(part), 1996)