Pomona Municipal Code § 2-1189 Judicial review

Footnotes:

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State Law reference— Administrative fines or penalties, Government Code § 53069.4.

It is the purpose and intent of this division to provide an alternative method of enforcement for violations of this Code and any other city ordinances (collectively referred to as the "Code"). The city council finds that an administrative citation program is an appropriate method of enforcement.

(Ord. No. 3950, § 1(5.2-1), 3-4-2002)

(a) The city manager or his/her designee (hereinafter referred to as the "enforcement official") shall have the authority to administer and enforce this division and to promulgate rules and regulations for uniform policies and procedures to be followed in the implementation of the administrative citation program. In addition, the enforcement official shall have the authority to nullify or void a citation which was issued in error or to the wrong person.

(b) The city manager hereby designates the shelter manager, as defined in chapter 6 of this Code, and his/her deputies and assistants to be the "enforcement official" and issue administrative citations for violations of such chapter.

(Ord. No. 3950, § 1(5.2-2), 3-4-2002; Ord. No. 4152, § 1, 1-23-2012; Ord. No. 4162, § 3, 8-6-2012)

(a) For purposes of this division only, the enforcement official has discretion to treat any violation of this Code as an infraction. This division shall apply only to violations of this Code determined to be infractions (referred to as "municipal ordinance violations"). A fourth and subsequent violation of the same code provision within a twelve-month time period may be charged and prosecuted as a misdemeanor, even if such violation would otherwise be described as an infraction.

(b) The procedures established in this division supplement and are an addition to or an alternative to any criminal, civil or other remedy available or established by law or under other sections of this Code.

(Ord. No. 3950, § 1(5.2-3), 3-4-2002; Ord. No. 4358, § 2, 4-7-2025)

(a) Issuance. Except as set out in section 2-1185 for correction conditions, the enforcement official, upon determining that a person has committed a municipal ordinance violation (referred to as "responsible party"), may issue an administrative citation to the responsible party using the procedures set out in this section. As used in this division, the term "responsible party" shall mean the occupant or owner of the property or the person otherwise responsible for complying with Code requirements. The administrative citation shall be served by personal service on the responsible party or by regular U.S. mail, to the responsible party's last known address. The responsible party's refusal to accept the administrative citation shall not affect the validity of the administrative citation or any proceeding undertaken under this division.

(b) Contents. To the extent the following information is reasonably available to the enforcement official, the administrative citation shall:

(1) State the date the administrative citation is issued;

(2) State the responsible party's name, current residential address, and mailing address;

(3) Refer to the Code section violated and describe how the responsible party violated the Code section;

(4) State the date the violation was discovered by the enforcement official;

(5) State the amount of fine imposed for the violation;

(6) Explain how the responsible party may pay the fine, including the location and manner, as well as the time period by which the fine must be paid and the consequences of failure to pay the fine (i.e., 21 days to pay the fine);

(7) Explain the procedure for obtaining an administrative hearing; specifically, notice that the responsible party must make a written request within 21 days from the date the administrative citation is issued, that the written request shall be accompanied by full payment of the administrative fine or written proof that the fine has been waived or deferred by the enforcement official, and that the responsible party will be notified by mail of the date of the hearing;

(8) Include a warning that a failure to pay the fine and/or failure to appear at a requested administrative hearing may result in the penalties described in section 2-1190(b);

(9) Describe the action necessary to correct the municipal ordinance violation and explain that failure to do so may result in the issuance of additional administrative citations and the imposition of additional fines; and

(10) Indicate in Spanish that the responsible party may contact the code compliance division for assistance in translating the notice.

(Ord. No. 3950, § 1(5.2-4), 3-4-2002, Ord. No. 4152, § 2, 1-23-2012)

(a) Issuance of correction notice. This section shall apply when the municipal ordinance violation pertains to building, plumbing, electrical, landscape maintenance, or other similar structural or zoning issues that do not create an immediate danger to health or safety (referred to as "correction condition").

(b) Correction period. A responsible party shall have a reasonable period of time to correct or otherwise remedy a correction condition prior to the issuance of an administrative citation and the imposition of a fine.

(c) Correction notice. Upon discovery of a correction condition, the enforcement official shall issue a written correction notice to the responsible party by personal service or by certified mail, return receipt requested, to the responsible party's last known address. The responsible party's refusal to accept the correction citation shall not affect the validity or any other proceeding set forth in this division.

(d) Correction notice contents. To the extent the following information is reasonably available to the enforcement official, the correction notice shall:

(1) Refer to the Code section violated and describe how the responsible party violated the Code section;

(2) Describe the action necessary to correct the municipal ordinance violation;

(3) State the final date by which the correction must be completed; and

(4) Include a warning that failure to correct the violation may result in the issuance of an administrative citation and imposition of an administrative fine and shall state the amount of the fine to be imposed for the violation.

(e) Procedure upon expiration of correction period. If the responsible party does not remedy the municipal ordinance violation within the period set forth in the correction notice, the enforcement official may issue the responsible party an administrative citation pursuant to section 2-1184.

(Ord. No. 3950, § 1(5.2-5), 3-4-2002)

State Law reference— Time period to correct certain violations required, Government Code § 53069.4(a)(2).

Within 21 days from the date the administrative citation is issued, the responsible party shall pay the fine amount designated on the administrative citation and may also make a written request for an administrative hearing. As used herein, the "date the administrative citation is issued" shall mean the date the administrative citation is released from the enforcement official's possession by any of the methods specified in section 2-1184.

(Ord. No. 3950, § 1(5.2-6), 3-4-2002, Ord. No. 4152, § 3, 1-23-2012)

(a) Amount. The amount of administrative fines shall be determined by resolution of the city council, which shall include penalty charges for late payments and increased fines for repeated violations. The fine amounts for infractions set forth in other sections of this Code shall not apply to this division and shall in no way limit the amounts which may be imposed for administrative fines. However, except for administrative fines authorized by division 2 of article X, the fine amounts shall not exceed the maximums set forth in Government Code § 36900(b).

(b) Continuing violation. Each and every day during any portion of which any municipal ordinance violation is committed, continued, or permitted shall constitute a separate offense.

(c) Payment of fine. The responsible party must pay the administrative fine within 21 days from the date the administrative citation is issued.

(d) Obligation to correct violation. Nothing in this division shall be interpreted to mean that, because a responsible party has paid the administrative fine, he or she is not required to correct the municipal ordinance violation. Failure to correct the municipal ordinance violation may result in additional fines.

(Ord. No. 3950, § 1(5.2-7), 3-4-2002, Ord. no. 4152, § 4, 1-23-2012; Ord. No. 4291, § 2, 6-29-2020)

(a) Ability to contest administrative citation. Any responsible party to whom an administrative citation has been issued may contest that there was a violation of this Code or that he or she is the responsible party by filing a written request with the enforcement official for a hearing within 21 days from the date of issuance of the administrative citation. Such request shall be accompanied by full payment of the administrative fine or written proof that the fine has been waived or deferred by the enforcement official. No hearing shall be set without full payment of the administrative fine or written proof that the fine has been waived or deferred. The enforcement official may waive or defer the fine based on the criteria set forth in section 50-218(a) of this Code. The enforcement official shall set a date for a hearing within 60 days of the request.

(b) Notification of hearing. At least 21 days prior to the date of the hearing, the city shall, by certified mail, return receipt requested, or personal service, give notice in English and Spanish to the responsible party of the time, date and location of the hearing. The city also shall provide the responsible party in advance with any materials provided to the hearing officer.

(c) Hearing officer. Appointment and responsibilities of the hearing officer shall be in accordance with the following:

(1) The enforcement official shall appoint a person who shall preside at the hearing and hear all facts and testimony presented and deemed appropriate (hereinafter referred to as the "hearing officer").

(2) Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified pursuant to Code of Civil Procedure § 170.1. The responsible party may challenge the hearing officer's impartiality by filing a statement with the enforcement official objecting to the hearing before the hearing officer and setting forth the grounds for disqualification. The question of disqualification shall be heard and determined in writing by the enforcement official within 30 days following the date on which the disqualification statement is filed.

(d) Administrative hearing procedures. Administrative hearing procedures are as follows:

(1) The administrative hearing is intended to be informal in nature. Formal rules of the Evidence Code and discovery shall not apply, except that irrelevant and unduly repetitious evidence may be excluded at the hearing officer's discretion.

(2) Each party shall have the opportunity to offer testimony and evidence and cross examine witnesses in support of his case.

(3) Pursuant to Penal Code § 196, a responsible party shall not be entitled to a jury for an infraction charge, nor shall a responsible party be entitled to have the public defender or other counsel appointed at public expense to represent him.

(4) The hearing officer may continue the hearing or request additional information from either side.

(e) Administrative order. The administrative order shall be issued in accordance with the following:

(1) Within ten working days of the conclusion of the hearing, the hearing officer shall provide the responsible party with his decision in writing (referred to as "administrative order"). The hearing officer shall provide the responsible party with the administrative order by personal service or by certified mail, return receipt requested, to the responsible party's last known address.

(2) The administrative order shall contain the hearing officer's reasons for the decision and the procedure described in section 2-1189 for seeking judicial review.

(3) A decision in favor of the responsible party shall constitute a dismissal of the municipal ordinance violation. The city shall promptly return any monies paid by the responsible party.

(4) If the hearing officer renders a decision in favor of the city, the responsible party must comply with the administrative order or seek judicial review of the administrative order pursuant to section 2-1189.

(f) Failure to attend administrative hearing. The effects of failing to attend the administrative hearing are as follows:

(1) Waiver of right of hearing. The responsible party's failure to appear at a hearing shall constitute a waiver of the right to a hearing, a forfeiture of the fine, and a failure to exhaust administrative remedies.

(2) Good cause. Upon a showing of good cause by the responsible party, the hearing officer may excuse the responsible party's failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than one time.

(Ord. No. 3950, § 1(5.2-8), 3-4-2002; Ord. No. 4152, § 5, 1-23-2012)

Cross reference— Administrative hearings on validity of impoundment of vehicles by police, § 14-141 et seq.

If an administrative order is rendered in favor of the city pursuant to this division, the responsible party may seek judicial review of the administrative order by filing an appeal, pursuant to Government Code § 53069.4, within 20 calendar days after service of the administrative order. Pursuant to Government Code § 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 the city clerk. If no appeal notice is filed within the 20-calendar-day period, the decision shall be deemed confirmed and final.

(Ord. No. 3950, § 1(5.2-9), 3-4-2002; Ord. No. 4152, § 6, 1-23-2012)

State Law reference— Judicial review, Government Code § 53069.4(b).

(a) Definition. As used in this section, the term "default" shall mean any of the following occurrences:

(1) The responsible party fails to either pay the administrative fine within ten working days from the date the administrative citation is issued.

(2) The responsible party fails to either comply with the administrative order or to seek judicial review of the administrative order.

(b) Late penalty. The occurrence of a default may result in the city increasing the administrative fine, not to exceed the maximum amounts set forth in the council resolution adopted pursuant to section 2-1187(a).

(c) Account receivable. Upon the occurrence of a default, the city may treat the administrative fine or penalty fine, whichever is applicable, as an account receivable, subject to the established policy for delinquent accounts receivable.

(d) Misdemeanor. Except for the failure to pay an applicable administrative fine, a default shall constitute a misdemeanor punishable by a maximum fine of $1,000.00 or six months in jail or both.

(e) Collection. The city may use all appropriate legal means to collect the fines imposed pursuant to this division.

(f) Lien against property. The city council may pass a resolution to place a lien on the real property upon which the violation occurred to collect any unpaid administrative and/or penalty fines as a special assessment against the real property. The resolution shall further direct that the city clerk shall file with the county auditor and the county tax assessor and tax collector certified copies of the resolution. The clerk shall direct the auditor to enter the amounts of the fines against the real property described in the resolution as it appears on the current assessment roll. The amount of the fines shall constitute a lien against the real property against which the fines have been imposed. The tax collector shall include the amount of the fines on bills for taxes levied against the real property. Thereafter, the amount of the charges shall be collected at the same time and in the same manner and by the same person as, together with and not separately from, the general taxes for the city and shall be subject to the same penalties and interest upon delinquent payment.

(Ord. No. 3950, § 1(5.2-10), 3-4-2002)