Pico Rivera Municipal Code Title 18 Zoning

A. For any and all offenses listed in Section 8.16.220, except as otherwise provided in subsection B of this section, an administrative penalty shall be assessed by means of an administrative citation issued by an enforcement officer, and shall be payable directly to the city treasurer. Penalties shall be set forth in a penalty schedule established by resolution of the city council. A portion of each penalty shall constitute reimbursement for the city's administrative expenses in issuing and processing the citation. Penalties shall be collected in accordance with the procedures specified in this chapter. Payment of a penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city. Each offense is subject to a separate penalty. More than one offense can be charged on an individual citation.

B. Pursuant to Government Code Section 53069.4(a)(2), in the case of violations of the building, plumbing or electrical codes, or other similar structural or zoning issues, that do not create an immediate danger to health or safety, an administrative citation shall not be issued until after the responsible party has been provided notice and a reasonable opportunity to correct the violation, and has failed to do so.

C. Any person who violates the same provision, or fails to comply with the same requirement, of the sections of this code set forth in Section 8.16.220 more than three times within a twelve-month period shall be guilty of a misdemeanor for each violation committed thereafter within that same twelve-month period.

D. Any person who violates or fails to comply with the sections of this code set forth in Section 8.16.220 and who possesses no photo identification or refuses to identify himself or herself to an enforcement officer, making it impossible to issue an administrative citation, shall be guilty of a misdemeanor.

E. Each and every day that a violation exists constitutes a separate and distinct offense for which a penalty may be imposed.

(Ord. 1051 § 1, 2008)

Pursuant to California Penal Code Section 836.5, any enforcement officer as defined herein is hereby authorized to make arrests for violations of the Pico Rivera Municipal Code or other city ordinances, and may issue citations for misdemeanors and infractions pursuant to California Penal Code Title 3, Chapter 5C (commencing with Section 853.5). Any enforcement officer may issue administrative citations for violation of those provisions of the Pico Rivera Municipal Code which are subject to administrative penalty and which he or she has the duty to enforce.

(Ord. 1051 § 1, 2008)

An administrative citation in a form approved by the city manager may be issued to a responsible party by an enforcement officer for violation of those sections set forth in Section 8.16.220 as follows:

A. By Personal Service. The person on whom the citation is served is required to confirm receipt by signing a copy of the citation, but his or her failure to do so shall have no effect on the citation's validity or enforceability, nor shall signing a citation constitute an admission that a person has committed a violation. Service shall be deemed effective on the date of personal service; or

B. By Regular First-Class Mail. Service shall be deemed effective when the citation is deposited in the United States mail;

C. If the enforcement officer is unable to serve the citation under subsections A or B in this section, a copy of the citation may be posted on any real property within the city in which the city has knowledge that the responsible party has a legal interest. Service shall be deemed effective on the date when the notice is posted;

D. If the enforcement officer cannot post the citation under subsections A, B or C in this section, the citation may be published in a newspaper likely to give actual notice to the party subject to the citation. The publication shall be once a week for four successive weeks in a newspaper published at least once a week.

(Ord. 1051 § 1, 2008)

Administrative citations shall contain all of the following information:

A. The date and location of the violation and the approximate time the violation was observed by the enforcement officer;

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

C. The action required to correct the violation and a time period in which such action must be completed;

D. The consequences of failing to correct the violation;

E. The amount of penalty imposed for the violation;

F. A statement explaining the time period by which the penalty shall be paid, acceptable methods of payment and late fees, if not timely paid;

G. Information regarding the procedure to contest the citation, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;

H. The name and signature of the enforcement officer, and the signature of the responsible person if that person can be located and will sign the citation.

(Ord. 1051 § 1, 2008)

A. Upon receipt of a citation, the responsible party must either:

1. Remedy the violation(s) within the time specified in the citation. The time to remedy the violation(s) shall be dependant on the nature of the violation and shall not be sooner than ten days after the issuance of the citation, unless otherwise provided herein, and shall not be more than thirty days after the issuance of the citation. Notwithstanding the preceding, any violation which poses an immediate danger to the public health and safety shall be remedied immediately, the failure of which, shall result in the assessment of all fees and penalties as authorized under this chapter. If the violation is of a nature that it can be remedied, and the responsible party remedies it within the time indicated on the citation, upon providing proof of correction to the enforcement officer the responsible party is required to pay only the administrative reimbursement portion of the penalty; or

2. Request an administrative hearing within ten days after service of the citation. If the responsible party chooses to contest the citation, the party shall do so no later than ten days after service of the citation. The request shall be submitted in writing as directed on the citation and shall include a statement of reasons why the citation is being contested. The request shall be accompanied by a deposit in the full amount of the penalty, inclusive of the administrative reimbursement portion, or written proof of financial hardship, which at a minimum must include tax returns, financial statements, bank account records, salary records or similar documentation demonstrating that the responsible party is unable to deposit the penalty. A hearing will not be scheduled unless the full amount of the penalty is deposited, or the city finds the responsible party financially unable to do so and waives the deposit requirement; or

3. Pay the penalty within thirty days after service of the citation. Payment of the penalty waives the responsible party's right to the administrative hearing and appeal process pursuant to Section 8.16.280. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city.

B. Abatement of a violation shall not excuse the obligation of a responsible person to pay an administrative penalty or any other charges, fees or costs imposed as a result of the citation.

C. Payment of an administrative penalty shall not excuse or discharge a responsible person from the duty to immediately abate a violation of the code, nor from any other responsibility or legal consequences for a continuation or repeated occurrence(s) of a violation.

(Ord. 1051 § 1, 2008)

A. The city manager is authorized to promulgate procedural rules and regulations governing the civil administrative penalty citation and hearing process.

B. The administrative hearing shall be scheduled no later than ninety days after receipt of the request for a hearing to contest the citation. The responsible party will be notified in writing at least ten days prior to the date of the hearing by first class mail of the date and time of the hearing.

C. The hearing shall be conducted by an administrative hearing officer appointed by the city manager to perform such hearings. The employment, performance evaluation, compensation and benefits of the hearing officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.

D. The responsible person may request one continuance of the hearing, but in no event may the hearing begin later than ninety days after receipt of the request for hearing from the responsible person.

E. The individual to whom an administrative citation is issued, or that person's representative, may attend the hearing in person, or in lieu of attending may submit an appearance by written declaration on a form provided by the city for that purpose.

1. If the cited individual or his or her representative fails to attend the scheduled hearing, or fails to submit an appearance by written declaration on the form provided by the city for that purpose, he or she shall be deemed to have waived his or her right to an administrative hearing. Under these circumstances, the administrative hearing officer shall dismiss the challenge to the administrative citation, and shall issue a written notice to that effect. An individual whose challenge to an administrative citation is dismissed under this section shall be deemed not to have availed himself or herself of the right to an administrative hearing as provided in this chapter.

2. An individual who has been issued an administrative citation and who has requested an administrative hearing to challenge the citation as provided in this chapter may request in writing that his or her challenge to the citation be dismissed and the hearing canceled. Upon receipt of such request, the administrative hearing officer shall dismiss the challenge to the administrative citation, cancel the pending hearing, and issue a written notice to that effect. Any individual who requests the dismissal of a challenge to an administrative citation under this section shall be deemed never to have availed himself or herself of the right to an administrative hearing as provided in this chapter.

F. 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. The citation is prima facie evidence of the violation and the enforcement officer who issued the citation is not required to participate in the hearing. The administrative hearing officer shall use preponderance of the evidence as the standard of evidence in deciding the issues. Evidence shall be submitted under penalty of perjury.

(Ord. 1051 § 1, 2008)

A. At the conclusion of the hearing or within fifteen days thereafter, the administrative hearing officer shall render a decision as follows:

1. Determine that the violation for which the citation was issued occurred, and impose a fine in the amount set forth in the penalty schedule, inclusive of the administrative reimbursement portion, and if the violation has not been corrected as of the date of the hearing, order correction of the violation; or

2. Determine that the violation for which the citation was issued occurred, but that the responsible party has introduced credible evidence of mitigating circumstances warranting imposition of a lesser penalty than that prescribed in the penalty schedule, or no penalty at all, and imposing such lesser fine, if any, and if the violation has not been corrected as of the date of the hearing, ordering that the violation be corrected; or

3. Determine that the violation for which the citation was issued did not occur or that the condition did not constitute a violation of the code.

B. The administrative hearing officer shall issue a written decision entitled "Administrative Order" no later than fifteen days after the date on which the administrative hearing concludes. The administrative order shall be served upon the responsible person by first class mail, or if that method fails, by any one of the other methods set forth in Section 8.16.250. The administrative order shall become final on the date of mailing or other service, and shall notify the responsible person of his or her right to appeal as provided in subsection D of this section. The administrative order shall also (1) either set a deadline for compliance with its terms, in the event that the responsible person fails to file an appeal, in no event less than twenty days from the date of mailing or other service, or (2) if the hearing officer determines as described in subsection (A)(2) or (A)(3) of this section, and the responsible party has deposited the penalty with the city, order a partial or full refund of the deposit.

C. If the violation is a continuing violation of the city's building, plumbing, electrical, or zoning code, the administrative order shall provide that the responsible person has not more than thirty days from mailing or other service of the administrative order to correct the violation.

D. Within twenty days after mailing or other service of the administrative order to the responsible person, he or she may seek review of the administrative order by filing a notice of appeal with the Superior 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 final.

E. Failure to comply with a final administrative order directing the abatement of a continuing violation, is a misdemeanor. In that event, or if the city prevails in an appeal of such an order to the Superior Court pursuant to subsection H of this section, and the responsible person fails to comply with the final administrative order, the city may file a criminal misdemeanor action against the responsible person. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with the administrative order. For purposes of this subsection, the term "continuing violation" shall mean a single, ongoing condition or activity in violation of the Municipal Code.

(Ord. 1051 § 1, 2008)