Rancho Palos Verdes Municipal Code Ch. 1.16 Administrative Penalties

This chapter provides for an administrative remedy for any violation of this Code, including, but not limited to, violations related to building, plumbing, electrical, or other similar structural or zoning issues, violations of chapter 12.08 (Trees and Shrubs), or any violation of any condition of any city approval. This remedy may be exercised in place of, or in addition to, any administrative, criminal, civil, or equitable remedy allowed by law. The city attorney or city prosecutor or their respective assistants shall have sole discretion to determine whether a violation will be prosecuted criminally.

(Code 1981, § 1.16.010; Ord. No. 473, § 1(part), 2008; Ord. No. 584, § 3, 7-19-2016; Ord. No. 636, § 3, 5-19-2020)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative citation or citation means a written notice to a responsible person issued by the citing official that a violation of this Code has occurred.

Administrative compliance order or compliance order means a written notice to a responsible person issued by the citing official that there exists a continuing violation of this Code related to building, plumbing, electrical, or other similar structural or zoning issues.

Citing official means any city employee, any member of the Los Angeles County sheriff's department, any member of the Mountains Recreation and Conservation Authority providing park ranger services, and any other person designated by the city manager who is authorized to enforce provisions of this Code.

Legal interest means any ownership interest of any person as hereafter defined in real or personal property as evidenced by title or ownership documents or instruments recorded with the Los Angeles County recorder's office or on file with, or in possession of, any other governmental entity. The term "legal interest" also includes the property interest of lessees or tenants of real property, as well as all sublessors thereof.

Responsible person means any person whom a citing official determines is responsible for causing, maintaining, permitting, or allowing a violation of this Code. The term "responsible person" includes, but is not limited to, any person who has an ownership or possessory interest in real or personal property; any agent thereof with actual or apparent authority, possession, or control of real or personal property; or any other person, who creates, maintains, permits, or allows a violation of this Code.

(Code 1981, § 1.16.020; Ord. No. 473, § 1(part), 2008; Ord. No. 512, § 2, 8-3-2010)

Except as provided below, the citing official may issue an administrative compliance order, citation, or other notice to a responsible person on a form approved by the city manager using either of the following methods:

A. Personal service. The citing official may issue the administrative compliance order, citation, or other notice by personal delivery to a responsible person. The citing official shall attempt to obtain the signature of the responsible person on the administrative compliance order or citation. If the responsible person or person served refuses or fails to sign the administrative compliance order or citation, the failure or refusal to sign shall not affect the validity of the compliance order or citation or of any subsequent proceedings.

B. Mail. The citing official may mail the administrative compliance order, citation, or other notice to the responsible person by first class mail, postage prepaid, return receipt requested, addressed to the owner, agent of the owner, lessee, occupant, or person in possession of the premises described at such person's last-known address. Simultaneously, the same notice may be sent by regular mail and also may be posted on any real property within the city in which the city has knowledge that the responsible person has a legal interest. If no address is known or made known to the citing official, then the citing official may mail the administrative compliance order, citation, or other notice to the owner's last-known address as the name appears on the latest equalized assessment roll.

Service is effective when personally served or when deposited into the United States mail. The citing official must complete a declaration of service, a copy of which shall be maintained in the files of the city's department of planning, building and code enforcement (department). Failure to receive any notice does not affect the validity of the proceedings conducted under this chapter.

(Code 1981, § 1.16.030; Ord. No. 473, § 1(part), 2008)

Upon service of an administrative compliance order or citation, the responsible person shall do the following:

A. Pay the administrative fine no later than 30 days from the date of service of the administrative citation. Payment of the fine shall not excuse or discharge the failure to correct the violation, nor shall it bar further enforcement action by the city.

B. Comply with the compliance order to remedy the violation within the time specified on the compliance order.

(Code 1981, § 1.16.040; Ord. No. 473, § 1(part), 2008)

Whenever the citing official determines that there exists a continuing violation of any provision of this Code related to building, plumbing, electrical, or other similar structural or zoning issues that does not create an immediate danger to health or safety, the citing official shall issue or cause to be issued a written compliance order to any responsible person.

(Code 1981, § 1.16.050; Ord. No. 473, § 1(part), 2008)

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 the violation;

C. The action required to correct the violation and the date by which such action must be completed. Except as otherwise provided in this section, 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 fines will begin to accrue if there is no compliance with the order;

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

G. The name and signature of the citing official.

(Code 1981, § 1.16.060; Ord. No. 473, § 1(part), 2008)

If the citing official 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 violations.

(Code 1981, § 1.16.070; Ord. No. 473, § 1(part), 2008)

If the responsible person fails to fully comply with the compliance order within the time specified in the compliance order, the citing official may issue an administrative citation as provided in this chapter. The issuance of the administrative citation does not obviate the responsible person's obligation to fully comply with the compliance order. The administrative citation shall be served by the applicable method set forth in section 1.16.030 (Procedure for service).

(Code 1981, § 1.16.080; Ord. No. 473, § 1(part), 2008)

Any person violating any section of this Code that is subject to this chapter may be issued an administrative citation by a citing official as provided in this chapter.

(Code 1981, § 1.16.090; Ord. No. 473, § 1(part), 2008)

An administrative citation shall contain all of the following information:

A. The date and location of the violation and the approximate time the violation occurred or was detected;

B. The Code section violated and a description of the violation;

C. The amount of the fine imposed for the violation, and the time within which and the place at which the fine shall be paid;

D. An order prohibiting another occurrence of the Code violation;

E. A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a request for hearing form to contest the administrative citation;

F. The name and signature of the citing official.

(Code 1981, § 1.16.100; Ord. No. 473, § 1(part), 2008)

A. The fine imposed pursuant to this chapter for a particular violation shall be in the amount set forth in the administrative citation penalty schedule established by resolution of the city council, provided that, in the case of a violation of chapter 12.08 (Trees and Shrubs), there may be imposed an order to replace the tree of the same caliper as those cut down, mutilated, injured, removed, or in any way impaired in its natural growth, a fine as provided herein and, pursuant to Code of Civil Procedure § 733, the imposition of treble the amount of damage caused by the violation of such chapter, such damage to be calculated based upon the appraised value of the damaged/removed tree by a licensed arborist. The administrative citation penalty schedule shall specify the amount of any late payment charges imposed for failure to timely pay the fine. For any violation of this Code for which no specific administrative penalty is established in this Code or by the city council, the fine shall be in the same amount as listed in section 1.08.010 (Misdemeanors; infractions; nuisances).

B. Pursuant to section 1.08.010 (Misdemeanors; infractions; nuisances), each day during which a violation of any provision or requirement of this Code is committed, continued, or permitted, constitutes a separate offense. Accordingly, the citing official may assess a fine according to the schedule referred to in subsection A of this section for each day from the date for compliance specified in the compliance order until the date the violation is fully corrected as determined by the enforcement official. The administrative citation shall specify the date by which the fine must be paid.

C. Administrative fines assessed for failing to fully comply with a compliance order or administrative citation are a debt owed to the city.

D. If the responsible person provides written notice to the citing official that the violation has been corrected, and if the citing official finds compliance, the citing official shall deem the date the written notice was postmarked or personally delivered to the citing official to be the date when 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 when the violation was corrected.

(Code 1981, § 1.16.110; Ord. No. 473, § 1(part), 2008; Ord. No. 512, § 4, 5, 8-3-2010; Ord. No. 584, § 4, 7-19-2016; Ord. No. 636, § 3, 5-19-2020)

The administrative fine shall be paid to the department of planning, building and code enforcement within 30 days from the date of service of the administrative citation. If, after a hearing requested pursuant to section 1.16.130 (Request for administrative hearing), the hearing officer determines that the administrative citation should be cancelled, the administrative fine shall be refunded promptly.

(Code 1981, § 1.16.120; Ord. No. 473, § 1(part), 2008)

A. Any responsible person to whom an administrative citation is issued may contest the citation by:

(1) Completing a request for hearing form and returning it to the department of planning, building and code enforcement; and

(2) Either depositing the administrative fine with the department of planning, building and code enforcement or providing notice that a request for an advance deposit hardship waiver has been filed pursuant to section 1.16.140 (Advance hardship waiver deposit).

A request for hearing form may be obtained from the department of planning, building and code enforcement.

B. The department of planning, building and code enforcement must receive a completed request for hearing form and the administrative fine or completed hardship waiver form pursuant to section 1.16.140 (Advance hardship waiver deposit) within 30 days from the date of service of the administrative citation. If not, the responsible person waives the right to a hearing.

C. The citing official shall notify the person requesting the hearing by regular mail in accordance with section 1.16.030 (Procedure for service) of the time and place of the hearing at least 20 days before the date of the hearing. The citing official shall serve any documentation, other than the administrative citation, that the citing official has submitted or will submit to the hearing officer on the person requesting the hearing by regular mail in accordance with section 1.16.030 (Procedure for service) at least ten days before the date of the hearing.

(Code 1981, § 1.16.130; Ord. No. 473, § 1(part), 2008)

A. Any responsible person who requests a hearing to contest an administrative citation and who is financially unable to deposit the administrative fine required in section 1.16.120 (Payment of administrative fine) may file a request for an advance deposit hardship waiver. The request shall be filed with the department of planning, building and code enforcement on an advance deposit hardship waiver application form, available from the department of planning, building and code enforcement, no later than 30 days after service of the administrative citation. The department of planning, building and code enforcement's failure to receive a completed form, with all supporting documents, within 30 days after service of the administrative citation, shall constitute a waiver of the right to receive a hardship waiver.

B. The director of the department of planning, building and code enforcement (director) or the director's designee may issue an advance deposit hardship waiver only if the person requesting the waiver submits a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the director or the director's designee the person's financial inability to deposit with the city the full amount of the fine in advance of the hearing. The director or their designee shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be served upon the person requesting the waiver as specified in section 1.16.030 (Procedure for service). If the director or the director's designee determines that the waiver is not warranted, the person shall remit the full amount of the fine to the department of planning, building and code enforcement within ten days of receipt of the director's written decision. The decision of the director or the director's designee whether to issue a hardship waiver shall be final.

(Code 1981, § 1.16.140; Ord. No. 473, § 1(part), 2008)

Only after a request for hearing form is received by the department of planning, building and code enforcement within the required period, and the responsible person requesting the hearing has either deposited the administrative fine in full or obtained an advance deposit hardship waiver (hereinafter, a "perfected appeal"), shall the city set the date and time for the administrative hearing. The hearing shall be set for a date not less than 15 days, nor more than 60 days after the filing of a perfected appeal.

(Code 1981, § 1.16.150; Ord. No. 473, § 1(part), 2008)

Within 30 days of receipt of a written appeal by the citee, the city shall schedule the hearing before a hearing officer. The citee requesting a hearing may request one continuance, and the city may continue the hearing on its own initiative for good cause. Holding the hearing beyond 30 days of the appeal shall not invalidate the citation.

(Code 1981, § 1.16.160; Ord. No. 473, § 1(part), 2008; Ord. No. 608, § 3, 9-4-2018)

The city manager or the city manager's designee shall establish procedures for the selection of an administrative hearing officer. Administrative hearing officers shall be selected in a manner that avoids the potential for pecuniary or other bias. In no event shall the administrative hearing officer be the citing official. The compensation, if any, of the administrative hearing officer shall be paid by the city. Compensation shall not be directly or indirectly conditioned upon whether administrative citations are upheld by the administrative hearing officer.

(Code 1981, § 1.16.170; Ord. No. 473, § 1(part), 2008)

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 that party's case and to cross-examine witnesses. The city bears the burden of proof at an administrative hearing to establish a violation of this Code. The administrative citation and any additional reports submitted by the citing official shall constitute prima facie evidence of the facts contained in those documents. The administrative hearing officer must use preponderance of evidence as the standard of review in deciding the issues.

(Code 1981, § 1.16.180; Ord. No. 473, § 1(part), 2008)

If the responsible person fails to attend the scheduled hearing, the hearing will proceed without the responsible person, and the responsible person will be deemed to have waived the right to an administrative hearing and any further appeals as set forth in this chapter.

(Code 1981, § 1.16.190; Ord. No. 473, § 1(part), 2008)

A. Written decision issued within 30 days. No later than 30 days after the date on which the administrative hearing concludes, the administrative hearing officer shall issue a written decision. The decision shall set forth the reasons for the decision along with notice of the right to appeal pursuant to section 1.16.240 (Appeal of decision of administrative hearing officer). The administrative hearing officer's decision shall be final. The decision shall be served by first class mail in accordance with section 1.16.030 (Procedure for service) and shall be deemed to be served on the date the decision is deposited with the United States Postal Service. The failure of the responsible person to receive a properly addressed decision shall not invalidate the administrative citation, compliance order or the administrative hearing officer's decision.

B. Administrative citation. The administrative hearing officer shall issue a written decision to uphold or cancel the administrative citation. If the administrative hearing officer upholds the administrative citation, the city shall retain the fine deposited by the responsible person. If the administrative hearing officer upholds the administrative citation and the fine has not been deposited pursuant to an advance deposit hardship waiver, the administrative hearing officer shall specify in the decision a payment schedule for the fine. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be promptly refunded. The administrative hearing officer's decision is final.

C. Compliance order. With regard to a compliance order, the administrative hearing officer's written decision shall be entitled "administrative order." The administrative hearing officer shall make findings within the administrative order regarding the existence of the violation 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 concludes that the violation continues to exist, the administrative order shall set forth a schedule for correction. In addition, the administrative order shall impose administrative fines as provided in section 1.16.110 (Administrative fine and remedy; citations and compliance orders), and administrative costs as provided in section 1.16.210 (Administrative costs). The administrative order shall set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal. If the administrative hearing officer determines that the violation set forth in the compliance order did not exist, or that the violation was timely corrected, all proceedings regarding the violation shall immediately cease and the administrative citations shall be canceled. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be promptly refunded.

(Code 1981, § 1.16.200; Ord. No. 473, § 1(part), 2008)

The administrative hearing officer 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, investigation costs, staffing costs for preparing and conducting the administrative hearing, 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.

(Code 1981, § 1.16.210; Ord. No. 473, § 1(part), 2008)

Any person who fails to pay to the city on or before the due date any administrative fine imposed pursuant to the provisions of this chapter shall be liable for the payment of late payment charges as follows:

A. For payments received within 30 days after the due date, a late fee in the amount of 50 percent of the administrative fine due.

B. For payments received more than 30 days after the due date, a late fee in the amount of 50 percent of the administrative fine due, plus an additional ten percent of the overdue administrative fine for each month the payment is overdue. The maximum late fee shall be 100 percent of the overdue administrative fine.

(Code 1981, § 1.16.220; Ord. No. 473, § 1(part), 2008)

A. If the responsible person fails to satisfy in full the assessed administrative fines and costs by the time specified in the administrative hearing officer's decision or the administrative order, and no timely appeal of the administrative officer's decision has been filed with the Los Angeles Superior Court (Southwest District/Torrance), the city may recover the outstanding fines and costs by imposing a lien against the real property on which the violation occurred.

B. Prior to the recording of the lien with the Los Angeles County registrar-recorder's office, the city council shall conduct a hearing to hear any protest or objection to the lien. The citing official shall serve notice of the hearing upon the owner of record of the real property, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of hearing shall include the time, date, and place of the hearing, and shall be served upon the owner of record by regular mail in accordance with section 1.16.030 (Procedure for service) at least ten days before the date of the hearing. If the owner of record cannot be located after a reasonable search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days.

C. After holding the hearing and taking all evidence, oral and written, the city council shall determine whether the lien should be imposed. If the city council determines that the lien should be imposed, the responsible person will have 45 days to satisfy the assessed administrative fines and costs in full. If, after that time, the assessed administrative fines and costs are not paid in full, the citing official shall then prepare and file with the city clerk a report stating the amount due and owing.

D. After the report is filed with the city clerk, the citing official may cause the lien to be recorded with the county recorder. Once recorded, the lien shall have the force and effect and priority of a judgment lien governed by the provisions of Code of Civil Procedure § 697.340, or its successor, and may be extended as provided in Code of Civil Procedure pt. 2, title 9, div. 1, ch. 3, art. 2 (Code of Civil Procedure § 683.110 et seq.) or its successors.

E. The remedies set forth in this section are not exclusive and may be used in addition to those set forth elsewhere in this Code or by law. The city may collect any past-due fines and costs by use of any available legal means.

(Code 1981, § 1.16.230; Ord. No. 473, § 1(part), 2008)

Within 20 days after service of the administrative hearing officer's decision upon the responsible person/citee, either the responsible person/citee or the city may seek review of the administrative hearing officer's decision by filing a notice of appeal and paying the appeal fee, if required, set forth in Government Code § 53069.4(b)(2) or its successor with the Los Angeles Superior Court (Southwest District/Torrance). The appealing party shall serve a copy of the notice of appeal either in person or by first class mail upon the non-appealing party. If either the responsible person/citee or the city fails to timely file a notice of appeal, the administrative order shall be deemed confirmed.

(Code 1981, § 1.16.240; Ord. No. 473, § 1(part), 2008; Ord. No. 608, § 4, 9-4-2018)

Failure to comply with an administrative order after it becomes final is a misdemeanor and punishable as provided in chapter 1.08 (General penalty). Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with the administrative order. The city shall be entitled to recover its attorneys' fees and costs arising from an action to gain compliance with the administrative order if it is the prevailing party and provided it made the election to seek attorneys' fees at the commencement of the action. A responsible person shall be entitled to recover their attorneys' fees if the city made the election to seek attorneys' fees at the outset of the action to gain compliance with the administrative order and the responsible person prevails in that action. In no such legal action shall an award of costs, including reasonable attorneys' fees, to a prevailing party exceed the amount of costs, including reasonable attorneys' fees, incurred by the city in the action or proceeding.

(Code 1981, § 1.16.250; Ord. No. 473, § 1(part), 2008; Ord. No. 570, § 2, 7-7-2015)

The conviction and punishment of any person for failure to comply with any provision of this Code shall not relieve such person from paying any tax, fee, penalty or interest due and unpaid at the time of such conviction, nor shall payment prevent a criminal prosecution or a civil enforcement action or administrative penalty for violation of any of the provisions of this chapter or this Code. All remedies set forth herein are cumulative, and the use of any one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter or this Code.

(Code 1981, § 1.16.260; Ord. No. 512, § 1, 8-3-2010; Ord. No. 570, § 3, 7-7-2015)