Rialto Municipal Code Ch. 1.10 Administrative Fines

A. This chapter authorizes the imposition of administrative fines on any person who violates any provision of this code in order to encourage and obtain compliance with the provisions of this code for the benefit and protection of the city and its residents. This chapter also authorizes the imposition of administrative fines on any person who fails to comply with any condition or requirement imposed by a franchise, land use approval, license, permit, or any other approval or decision of the city when so required. This chapter governs the imposition, enforcement, collection and administrative review of all administrative fines imposed under authority of Government Code Section 53069.4 and the police power of the city.

B. The issuance of citations imposing administrative fines, and the amounts of such fines, may be performed at the discretion of the officials of the city authorized hereunder. The issuance of a citation to any person constitutes but one remedy of the city to redress violations of this code by any person. By adopting this chapter, the city does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this code non-compliance by any person, which the city may otherwise pursue.

C. Every person who applies for and receives a franchise, land use approval (e.g., subdivision map, conditional use permit, and variance), license, permit or any other approval or decision required by the city shall comply with all conditions and requirements imposed thereon by the city. A violation of, or failure to comply with, any condition or requirement of such franchise, land use approval, license, permit or other approval or decision shall be subject to an administrative fine under the provisions of this chapter. Likewise, any person who fails to obtain any franchise, land use approval, license, permit or other approval or decision from the city when such a person is so required by the code shall be subject to an administration fine under this chapter.

D. Notwithstanding any lease, license or any other instrument or agreement, the owner of any real property shall have the right to enter upon his or her property when reasonably necessary to abate any nuisance or correct any violation of this code existing thereon or non-compliance. In addition to any other right or duty under the general law, the right of the owner of real property to enter upon said property and correct any violation of this code or non-compliance shall be an implied term of any instrument affecting the right to ownership or possession of all real property located in the city of Rialto.

E. Because of the serious blighting conditions that result from persistent or prolonged failure to comply with the provisions of this code or non-compliance and the effect of such conditions on the desirability and marketability of surrounding properties and on the public health, safety and welfare, this chapter hereby imposes strict civil liability upon the owners or possessors of real property for all violations of this code or non-compliance existing on their real property. Each day a violation of this code exists or continues shall constitute a separate violation and be subject to a separate and continuing administrative fine.

(Ord. 1431 § 1 (part), 2008: Ord. 1430 § 1 (part), 2008)

(Ord. No. 1441, § 1, 3-10-09; Ord. No. 1442, § 1, 3-10-09)

The following definitions apply to the use of these terms for the purposes of this section:

"Administrative citation" or "citation" means an administrative citation issued pursuant to this chapter to remedy a violation.

"Authorized enforcement officer" means an employee of the city appointed by the city administrator to obtain compliance with the code and to issue citations if necessary to gain compliance.

"Citee" means a person served with an administrative citation charging him or her as a person responsible for a violation.

"City administrator" means the city administrator or any designee or hearing officer that he or she may appoint.

"Code" means the Rialto Municipal Code.

"Code enforcement division head" means the person appointed to head the code enforcement division of the department of development services who is hereby authorized to direct and unify the efforts of the city to remedy violations. Any references in this chapter to "code enforcement division head" shall mean the code enforcement division head or his or her designee.

"Code enforcement officer" means an employee of the city appointed by the director or the city administrator to obtain compliance with the code and to issue citations to enforce a violation.

"Department" means a specific division of the city's administrative structure.

"Department director" means the person appointed to have primary oversight of the city department that issues a citation and/or fine.

"Fire chief" means the fire chief of the city of Rialto as established in Section 2.34.030 of this code.

"Issuance" or "issue" means either of the following:

1. The preparation and service of an administrative citation to a citee in the same manner as a summons in a civil action in accordance with Article 3 of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure commencing with Section 415.10; or

2. Mailing of the administrative citation to the citee by certified or registered mail to the address shown on the official records of the county assessor.

"Hearing officer" means the person appointed by the city administrator to serve as the hearing officer for administrative hearings hereunder or any administrative appeals board appointed by the city council to hear appeals of any administrative decisions of the city including those under this chapter.

"Payment order" means the proceedings under this chapter commencing with the issuance of a citation to a citee that culminates in establishing the amount of a fine or fines owed to the city by a citee pursuant to subsections 1.10.050(E), 1.10.050(F), 1.10.060(G), 1.10.060(H), 1.10.070(D) or 1.10.070(E). Said payment order also shall constitute a money judgment in favor of the city against the citee, which the city may file with the superior court and entitle the city to all judicial remedies for collection.

"Person" means a natural person or a legal entity that is also an owner, tenant, lessee or other person with any right to possession or control of the property where a violation exists.

"Responsible person" means a person who causes, or contributes to the cause of, a violation or who allows a violation to exist or continue to exist, by his or her action or failure to act, or whose agent, employee, or independent contractor causes a violation or allows a violation to exist or continue. There is a reputable presumption that any record owner of a property, as shown on the county's latest equalized property tax assessment rolls, and a lessee of a property has notice of each and every violation existing on said property. For the purposes of this chapter, there may be more than one responsible person for a violation.

"Violation" or "violates" refers to a violation of any provision of this code including any violation of any uniform building code codified in this code that does not create or results in an immediate danger to health or safety. "Violation" or "violates" also means the failure to comply with any condition or requirement imposed on any franchise, land use approval, license, permit or any other approval or decision issued to a person pursuant to this code, the authority of the city or the authority of the redevelopment agency of the city of Rialto. "Violation" or "violates also means the failure to obtain to obtain a franchise, land use approval, license, permit or other approval or decision from the city when such a person is so required.

(Ord. 1431 § 1 (part), 2008: Ord. 1430 § 1 (part), 2008)

(Ord. No. 1441, § 1, 3-10-09; Ord. No. 1442, § 1, 3-10-09; Ord. No. 1582, § 2, 12-13-16)

A. An administrative fine or fines may be imposed on any person for a violation of any provision of this code or for a failure to comply with any condition or requirement imposed on any franchise, land use approval, license, permit or other approval or decision issued pursuant to this code by the issuance of a citation hereunder as a remedy to enforce compliance thereof.

B. An authorized enforcement officer may issue an administrative citation to a person to remedy any violation.

C. A person to whom an administrative citation has been issued shall be liable for and shall pay to the city the fine or fines described in the citation, unless such person challenges the imposition of such fines and is relieved of such fine or fines pursuant to subsection D below.

D. For any violation of the city's adopted code that does not create or result in an immediate danger to health or safety, the person to whom an administrative citation has been issued shall be liable for and shall pay to the city the fine unless (i) such person corrects the violation or violations described in the citation within the period specified in the citation or (ii) such person challenges the imposition of such fine or fines as provided in Sections 1.10.050—1.10.080 and is relieved of the obligation to pay any such fine or fines. However, the payment of such a fine or fines shall not relieve any person from any violation for which such fine or fines have been imposed and paid. Any such person shall continue to be responsible for complying with the provisions of this code and correcting any and all violations.

E. Each administrative citation shall contain the following information:

1. The name of the person charged with a violation.

2. The date or dates on which the violation occurred.

3. The section(s) of this code so violated or any other violation.

4. The property or location where the violation occurred.

5. The amount of the daily fine to be imposed for each violation cited.

6. The date(s) when the fine or fines will be imposed unless the violation or violations are corrected prior to the date(s) specified in the citation pursuant to subsection 1.10.030(D).

7. A notice that each violation also constitutes a nuisance and that collection of any unpaid fines or nuisance abatement costs may be enforced as an assessment or lien against the real property where the code violation occurred and that unpaid assessments can result in the sale of the property after three years by the county assessor.

8. A notice of the procedure to request an administrative hearing to contest the citation.

9. The amount of the proposed fine for each violation listed in the citation.

10. The signature of the authorized enforcement officer who issued the citation.

11. The date the citation is issued.

12. Any other information deemed necessary by the department director for enforcement or collection purposes.

(Ord. 1431 § 1 (part), 2008: Ord. 1430 § 1 (part), 2008)

(Ord. No. 1441, § 1, 3-10-09; Ord. No. 1442, § 1, 3-10-09; Ord. No. 1582, § 3, 12-13-16)

A. Each person who violates any provision of this code or who fails to comply with any condition or requirement imposed on any franchise, land use approval, license, permit or other approval or decision issued under or pursuant to this code shall be subject to the imposition and payment of an administrative fine or fines as provided herein. Likewise, any person who fails to obtain any franchise, land use approval, license, permit or any other approval or decision from the city when such a person is so required shall be subject to an administration fine under this chapter.

B. The administrative fine for a violation shall be not less than one hundred dollars per day nor more than one thousand dollars per day for each violation. The city council may, by resolution, escalate this range of fines for repeated violations that occur within a specified period.

C. The fine or fines imposed by the citation shall not become effective for fifteen days following the date on which the citation is issued for the purpose of allowing the person or persons to whom the citation is issued to correct the violation or violations without incurring any liability to the city for the payment of such fine or fines. However, the department director may, in his or her sole discretion, extend said period for up to thirty additional days provided that the person to whom a citation has been issued demonstrates that he or she has made substantial progress to correct the violation or violations, that he or she has been diligent in correcting said violation or violations and that he or she was unable to correct said violation or violations within the initial fifteen-day period from the issuance of the citation. The person to whom a citation has been issued must submit a written request, within five business days of the issuance of the citation, to the department director seeking an extension. The request shall contain a description of the corrections made, the corrections remaining to be made, the date when the violation or all of them shall be corrected, and the facts showing that correcting the violation or violations is not possible or practicable within said initial fifteen-day period. The department director shall respond in writing within five business days of receipt of the request; and the decision of the department director shall be final. Unless the person to whom the citation is issued corrects all of the violations described in the citation within the fifteen-day period from the issuance of the citation or such other extended period as may have been granted, the fine or fines imposed by the citation shall become effective on the sixteenth day following the issuance of the citation and said fine or fines shall continue to accrue on a daily basis from the date of the issuance of the citation until any said violation or failure to comply have been corrected to the satisfaction of the authorized enforcement officer.

1. The enforcement agency may specify a timeframe for imposing fines effective in less than fifteen days under the following circumstances:

a. When it is determined by the fire chief or his/her designee, or the building and code enforcement manager that allowing the full fifteen days to correct the violation poses a significant threat to the health and safety of the neighboring community, public, or occupants of a structure.

b. When the violation is not a continuing violation, and nothing remains to be corrected.

2. The fine or fines imposed pursuant to subsection 1.10.040(C)(1) shall be effective after the shortened time for correction provided under subsection 1.10.040(C)(1)(a) above or immediately if imposed under subsection 1.10.040(C)(1)(b) above.

D. On the second and each subsequent time that a person is issued a citation for the same violation or non-compliance in any twelve-month period, the fine shall be effective immediately, without any waiting period, and the citee shall be liable for the amount of the fine until it is paid, in addition to being responsible for abating or correcting the violation or any non-compliance.

E. All administrative fines imposed hereunder shall be paid to the director of finance or his or her designee. Payment of any fine or fines shall not excuse the citee from complying with the provision of the code so violated or from remedying any non-compliance. The issuance of a citation and/or payment of any fine shall not bar the city from employing any other enforcement action or remedy to obtain compliance with the provisions of the code so violated or from remedying any violation including the issuance of additional citations.

(Ord. 1431 § 1 (part), 2008: Ord. 1430 § 1 (part), 2008)

(Ord. No. 1441, § 1, 3-10-09; Ord. No. 1442, § 1, 3-10-09; Ord. No. 1582, § 4, 12-13-16)

A. Any person to whom a citation has been issued may contest the citation and the proposed fine or fines by filing a written request for an administrative hearing. To request a hearing, the citee shall sign and file the request form attached to the citation. The request form shall state the grounds for contesting the citation and/or the proposed fine or fines. A citee may contest the citation and the proposed fine or fines by denying that the citee owns, possesses, or controls the property where the violation exists, denying that the citee is responsible for the violation described in the citation, denying that a violation exists or existed, or proving that the violation was corrected within the period described in the citation or such further period granted by the department director. A citee may not raise any issue or defense at the hearing that was not included on the request form.

B. To be effective, the request for an administrative hearing must be filed with the code enforcement division head within five business days of the date the citation was issued. If the citee mails the request form, the request form shall be deemed filed with the code enforcement division head on the date on which it is post marked.

C. A citee who has requested an administrative hearing must deposit with the code enforcement division head the amount of the proposed fine to ensure his or her appearance at the hearing. A request for a hearing shall not be complete unless accompanied by the deposit so required.

D. In the event that the citee files a timely request for a hearing, the department director shall issue a notice of hearing to the citee, no later than five days after receiving the citee's request for a hearing, of the date, time, and place set for the hearing. The hearing shall be set on a date that is no less than ten days and no more than twenty-one days after the date of the notice. The notice of hearing also shall advise the citee that the citee may review those writings in the city's files pertaining to the basis for which the citation was issued and those that the department director intends to introduce at the administrative hearing. Upon payment of the city's actual reproduction costs, the citee may have copies thereof.

E. The failure of a citee to request an administrative hearing shall cause the amount of the fine or fines imposed by the citation to become due and payable on the sixteenth day following the date on which the citation was issued unless the citee remedies the violations or non-compliance listed on the citation within the time permitted under Section 1.10.040(C) hereof. Such an obligation by a citee to the city shall constitute a payment order.

F. In the event the citee is given less than fifteen days to correct a violation pursuant to subsection 1.10.040(C)(1), the citee may still request an administrative hearing. Should citee fail to request an administrative hearing, the citation shall be due and payable upon the end of the shortened time for compliance. For example, where the citee is given five days to correct a violation, the citation becomes payable and due on the sixth day. Where the violation cannot be corrected as in the circumstance outlined in Section 1.10.040(C)(1)(b), the fine shall be due and payable immediately after the issuance of the citation. Such an obligation by a citee to the city shall constitute a payment order.

(Ord. 1431 § 1 (part), 2008: Ord. 1430 § 1 (part), 2008)

(Ord. No. 1441, § 1, 3-10-09; Ord. No. 1442, § 1, 3-10-09; Ord. No. 1582, § 5, 12-13-16)

A. The hearing shall be conducted by a hearing officer on the date, time and place specified in the notice of hearing. The hearing shall proceed solely on the issues or defenses raised in the request for a hearing filed by the citee; and all matters not contested in said request shall be deemed admitted.

B. The city shall have the burden to establish the truth of any matter in the citation that has been contested by the citee by a preponderance of the evidence. The citation shall be admitted into evidence and shall constitute prime facie evidence of all matters contained therein. In addition, the city may present such other evidence and reports as may be necessary or helpful to the hearing officer to resolve the issues raised by the citee.

C. The citee shall be given the opportunity to cross-examine all witnesses, testify and to present evidence relevant to the matters raised in the request regarding the violation or violations described in the citation.

D. The citation, and other reports prepared by authorized enforcement officer(s), or at their request, concerning the violation or violations and any attempted correction shall be accepted by the hearing officer as prima facie evidence of the violation or violations.

E. The hearing shall be conducted informally and the rules of evidence need not be followed provided that the decision of the hearing officer on any material issued may not be based upon hearsay evidence alone.

F. The failure of the citee to appear at the hearing shall constitute a waiver of the citee's right to a hearing to contest the substance of the citation and the fines or fines sought to be imposed, to present any defenses to the citation that the citee may have asserted and to exhaust the citee's administrative remedies pertaining to any violation listed in the citation.

G. The failure of the citee to appear at the hearing shall constitute an admission of the truth of all matters contained in the citation and a validation of the fine or fines imposed by the citation. The failure of the citee to appear at the hearing also shall cause the amount of the fine or fines imposed by the citation to become due and payable on the sixteenth day following the date on which the citation was issued unless the hearing officers finds that the citee remedied the violations or non-compliance listed on the citation within the time permitted under Section 1.10.040(C) hereof. Such an obligation by a citee to the city shall constitute a payment order.

H. Where the citee is given less than fifteen days to comply as permitted under subsection 1.10.040(C)(1)(a) or the citation is due immediately as provided under subsection 1.10.040(C)(1)(b), failure of the citee to appear at the hearing shall cause the amount of the fine or fines imposed by the citation to become due and payable immediately unless the hearing officer finds the citee who was issued a citation under subsection 1.10.040(C)(1)(a) remedied the violations listed on the citation within the shortened time permitted under subsection 1.10.040(C)(1)(a). Such an obligation by a citee to the city shall constitute a payment order.

(Ord. 1431 § 1 (part), 2008: Ord. 1430 § 1 (part), 2008)

(Ord. No. 1441, § 1, 3-10-09; Ord. No. 1442, § 1, 3-10-09; Ord. No. 1582, § 6, 12-13-16)

A. The hearing officer shall be appointed by the city administrator and employed by a written agreement approved by the city council. The compensation of the hearing officer shall be based solely on the time expended in providing such service to the city and shall not be based on the number of citations affirmed or denied by the hearing officer.

B. The hearing officer may continue the hearing on a citation upon the request of the citee, the citee's representative, or the city's representative upon a showing of good cause. All continuance requests shall be made in person at the hearing. If a continuance is granted, a new hearing date shall be set not later than fifteen days from the date of the continued hearing. As a condition of granting a continuance, the hearing officer shall require the citee to deposit the amount of the fine or fines required by the citation whenever the hearing is continued beyond the period in which the citee is required to comply with the citation. The hearing officer also shall have the authority to issue subpoenas.

C. After considering all the evidence and testimony submitted at the hearing, the hearing officer shall issue a written decision on the contested citation within five business days. The decision of the hearing officer shall either uphold or deny the citation, in whole or in part, and state the facts and reasons supporting the decision. The written decision shall be filed with the code enforcement division head and a copy thereof shall be mailed to the citee.

D. If the hearing officer upholds any violation, the hearing officer shall order the imposition of a fine or fines in the amount(s) contained in the citation for the entire period that any violation existed but no less than fifteen days for each violation, which shall constitute a payment order. If any violation exists on the day of the hearing, the hearing officers also shall order the citee to comply with the code or the conditions or requirements of any franchise, land use approval, license, permit or administrative order or decision by a date certain and set a date for a hearing to determine whether the violation has been corrected and the amount of any further fine or fines to be imposed on the citee.

E. In the event any violation exists on the date of the administrative hearing, the hearing officer shall retain jurisdiction to determine the date when any violation is corrected and to establish the amount of the fine or fines payable by the citee to the city from the date of the hearing to the date when any violation is corrected. Thereafter, the citee may submit a declaration, under penalty of perjury, stating that a violation that the citee was ordered to correct has been corrected and the date on which the violation was corrected to the hearing officer with a copy to the department director. The department director also may submit a declaration, under penalty of perjury, to the hearing officer with a copy to the citee stating that a violation for which a fine was imposed has or has not been corrected and requesting the total amount of a fine for the violation. Both the citee and the department director or his/her designee shall appear at the hearing. At the hearing, the hearing officer shall determine whether and when the violation was corrected and fix the amount of any additional fine or fines payable by the citee to the city. The hearing officer shall render a decision on such declarations no later than five days following the hearing. An order imposing any additional fine also shall constitute a payment order.

F. All decisions and orders of a hearing officer shall become final unless judicial review is sought by the citee or the city as provided in Section 1.10.080.

(Ord. 1431 § 1 (part), 2008: Ord. 1430 § 1 (part), 2008)

(Ord. No. 1441, § 1, 3-10-09; Ord. No. 1442, § 1, 3-10-09; Ord. No. 1582, § 7, 12-13-16)

A. The citee or the city may seek judicial review of the decision of the hearing officer by filing an appeal with the superior court within twenty calendar days after the citee or the city receives a copy of the decision in accordance with the provisions of California Government Code Section 53069.4. No appeal shall be permitted from a decision based upon the failure of the citee or the city to appear at the administrative hearing or upon any other waiver of the administrative hearing by the citee or the city.

B. If an appeal of any decision or order of a hearing officer that ordered the citee to pay any fine or fines to the city is affirmed, in whole or part, the judicial officer hearing the appeal shall enter an order requiring the citee to pay such fine or fines to the city and said order on appeal shall constitute a money judgment in favor of the city against the citee.

(Ord. 1431 § 1 (part), 2008: Ord. 1430 § 1 (part), 2008)

(Ord. No. 1441, § 1, 3-10-09; Ord. No. 1442, § 1, 3-10-09; Ord. No. 1582, § 8, 12-13-16)

A. Each payment order of a hearing officer that establishes the amount of a fine or fines payable by a citee to the city shall constitute a money judgment. Each such money judgment shall be enforceable pursuant to the general laws.

B. Each payment order of a hearing officer that establishes the amount of a fine or fines payable by a citee to the city also shall constitute a sister state judgment. To enforce any such sister state judgment, the city may apply for the entry of a judgment pursuant to Chapter 1 (commencing with Section 1710.10) of Title 11 of Part 3 of the Code of Civil Procedure.

C. In addition to any other remedy available to the city, the department director may cause the fine or fines imposed by a payment order to be collected as an assessment lien on the property on which any violation or non-compliance occurred by requesting the city council to adopt an appropriate resolution to place the amount of said fine or fines on the San Bernardino County tax rolls for collection. The resolution of the city council shall conform to the county of San Bernardino auditor/controller-recorder's policies and procedures for applying special assessments to the tax rolls. The following procedures shall be utilized to impose assessment liens:

1. A Notice of proposed assessment lien shall be served on the owner of the property in the same manner as the administrative citation was served on the owner, or by mailing said notice by certified or registered mail, to the address shown on the official records of the county assessor. The notice shall state the amount of fine or fines sought to be imposed on the property as an assessment lien, the assessor's parcel number (APN) or legal description of the property on which the assessment lien is sought to be imposed and notice of the owner's right to appeal the proposed imposition of the assessment lien by filing a written appeal within ten days from the date of service or mailing of said notice. The notice shall warn the owner that a failure to file a written appeal with the code enforcement division head within said ten-day period shall constitute a waiver of the owner's right to appeal the imposition of the proposed assessment lien on the owner's property. If the city council, by resolution, adopts a fee to defray the expenses to process and conduct a hearing on said appeal, the notice also shall state the amount of the fee and that payment of the fee is a condition precedent to the effectiveness of the owner's right to appeal.

2. Within ten days from the date of service or mailing of said notice, the property owner may file a written appeal to the proposed assessment lien and pay any required fee to the code enforcement division head or waive the right to such an appeal. Whenever a property owner fails to file a timely appeal to a proposed assessment lien, the department director shall prepare a resolution that imposes an assessment lien on the owner's property and the city council shall adopt said resolution unless it determines that imposing an assessment lien on the property would be inappropriate.

3. The city administrator shall hear each appeal within fourteen calendar days after the date on which the appeal was filed. Written notice of the hearing date shall be served on the owner, at least, seven days prior to the hearing on the appeal. At the hearing on the appeal, the city administrator shall consider the order of the hearing officer imposing the fine or fines on the citee, the computation of the amount of the proposed assessment lien, the evidence that the owner owns the property on which the assessment lien is sought to be imposed and the evidence that the violation or non-compliance supporting the order of the hearing officer occurred at or was related to the property on which the assessment lien is sought to be imposed. At the conclusion of the hearing, the city administrator shall determine whether or not to impose an assessment lien on the property of the owner in such amount that he or she deems to be fair and reasonable. The decision of the city administrator shall be final and not subject to judicial review unless the citee filed a timely appeal under Section 1.20.080. Upon the determination of the city administrator to impose an assessment lien and the amount thereof, the department director shall prepare a resolution that imposes an assessment lien on the owner's property in said amount and the city council shall adopt said resolution unless it determines that imposing an assessment lien on the property would be inappropriate.

(Ord. 1431 § 1 (part), 2008: Ord. 1430 § 1 (part), 2008)

(Ord. No. 1441, § 1, 3-10-09; Ord. No. 1442, § 1, 3-10-09; Ord. No. 1582, § 9, 12-13-16)