Rolling Hills Estates Municipal Code Ch. 1.25 Administrative Citations

Footnotes:

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Editor's note— Ord. No. 711, § 3(Exh. A), adopted Dec. 13, 2016, amended Ch. 1.25 its entirety to read as herein set out. Former Ch. 1.25, §§ 1.25.010—1.25.120, pertained to administrative citations, and derived from Ord. No. 656, § 1, adopted Jan. 26, 2010.

This chapter is adopted pursuant to the city's police powers and Government Code Section 53069.4 for the purpose of making any violation of the Rolling Hills Estates Municipal Code subject to an administrative fine and to set forth the procedures for the imposition and collection of such fines.

(Ord. No. 711, § 3(Exh. A), 12-13-2016)

The following terms used in this chapter will have the meaning set forth in this section.

"Citee" means the person to whom an enforcement officer issues an administrative citation pursuant to this chapter.

"Enforcement officer" means any of the following: (1) the city manager, city officers, or employees designated by the city manager; (2) any peace officer pursuant to California Penal Code Section 832; (3) any public safety officer; (4) any city code enforcement officer; (5) any Los Angeles County Health Care Agency inspector; (6) any city building inspector; (7) any Los Angeles Fire Agency inspector; and (8) any city or Los Angeles County animal control officer.

"Hearing officer" means the person appointed by the city manager to serve as the hearing officer for administrative hearings.

"Owner" means the record owner of a parcel according to the county's latest equalized property tax assessment roll.

"Person" includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustee, members, and general partners of a legal entity.

"Responsible person" means any individual who is the owner or occupant of real property, owner or authorized agent of any business, company, or entity, or the parent or the legal guardian of any person under the age of eighteen years, who causes or maintains a violation of the Rolling Hills Estates Municipal Code. For the purposes of this chapter, there may be more than one responsible person for any one code violation.

(Ord. No. 711, § 3(Exh. A), 12-13-2016)

A. Before issuing an administrative citation for any violation of building, plumbing, electrical, or similar regulation set forth in this code or incorporated by reference, or any violation of Title 17 of this code, the enforcement officer must first issue a written compliance order to the person(s) responsible for the violation unless the violation constitutes an immediate threat to public health or safety. The compliance order must contain all of the following:

1. The date on which, and geographic location where, the violation was observed;

2. The section of this code violated;

3. A description of the conditions causing the code violation;

4. Actions required to correct the violation;

5. A reasonable time period for the correction of the violation;

6. Notice that if the violation is not corrected by the date specified in the compliance order, that an administrative citation may be issued and administrative fines imposed for failure to correct violations by the date specified. For the purposes of this section, a period of fourteen days will be deemed a "reasonable time period" to correct the violation if it does not create an immediate danger to health or safety. If the violation creates an immediate danger to health or safety, immediate action may be taken.

B. No further action is required if the enforcement officer determines that all violations in the compliance order were cured within the period provided for correction of the violations. If the enforcement officer determines that all violations were not corrected within the time specified, an administrative citation may be issued.

(Ord. No. 711, § 3(Exh. A), 12-13-2016)

A. Any person violating any provision of this code may be issued an administrative citation by an enforcement officer as provided in this chapter.

B. Each day a violation of this code exists will be a separate violation and is subject to a separate fine. An administrative citation may charge a violation for one or more days on which a violation exists, and for violation of one or more code sections.

C. An administrative citation will be on a form approved by the city manager and must contain the following information:

1. Name of the responsible person;

2. Date, time and address or definite identification of the location where the violation(s) was observed;

3. The code section(s) violated and a description of the violation(s);

4. The amount of the fine for the violation(s);

5. A description of the fine payment process, including a specified time within which and the place to which the fine must be paid;

6. Notification of the right to appeal, including the time within which the administrative citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;

7. The name and signature of the enforcement officer; and

8. Date the citation was issued.

(Ord. No. 711, § 3(Exh. A), 12-13-2016)

An administrative citation may be issued to a responsible person by an enforcement officer for a violation(s) of this code in the following manner:

A. Personal Service. The enforcement officer must attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If a responsible person refuses to sign the administrative citation, the failure or refusal to sign will not affect the validity of the administrative citation or of subsequent proceedings.

B. Service of Citation by Mail. If the enforcement officer is unable to serve the responsible person by personal service, the administrative citation will be mailed to the responsible person by certified mail, return receipt requested and by regular, first class mail. Service by mail will be deemed effective as of the date of deposit in the U.S. Mail.

C. Service of Citation by Posting Notice. If the enforcement officer does not succeed in personally serving the responsible person, by certified mail or regular mail, the enforcement officer will post the administrative citation on any real property within the city in which the enforcement officer has knowledge that the responsible person has a legal interest, and such posting will be deemed effective service on the date of posting.

Except as specifically provided, all notices to be given by this chapter will be served on the responsible person in accordance with this section. Failure to receive any notice specified in this chapter does not affect the validity of proceedings under this chapter.

(Ord. No. 711, § 3(Exh. A), 12-13-2016)

The amount of fines imposed for code violations imposed pursuant to this chapter will be established by separate resolution of the city council, or where no amount is specified:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same provision within one year from the date of the first violation; or

3. A fine not exceeding five hundred dollars for each additional violation of the same provision within one year from the date of the first violation.

(Ord. No. 711, § 3(Exh. A), 12-13-2016)

A. The fine must be paid to the city within thirty days from the date of service of the administrative citation.

B. A late payment fee of thirty dollars will be charged if the fine is not paid within thirty days from the date of the administrative citation.

C. Any administrative citation fine paid pursuant to this section will be refunded in accordance with Section 1.25.090 if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

D. Payment of a fine will not excuse the citee from correcting the code violation. The issuance of a citation and payment of a fine does not bar the city from taking other enforcement action regarding a code violation that is not corrected, including but not limited to issuing additional administrative citations.

(Ord. No. 711, § 3(Exh. A), 12-13-2016)

Any citee may contest the citation by completing a request for hearing form and returning it to the city within fifteen days from the date of service of the administrative citation, together with an advanced deposit of the fine. A hearing before the hearing officer will be set for a date that is not less than fifteen, nor more than sixty days from the date the request for hearing is filed. The person requesting the hearing will be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.

(Ord. No. 711, § 3(Exh. A), 12-13-2016)

A. No hearing to contest an administrative citation before a hearing officer will be held unless and until a request for hearing form has been completed and filed and the applicable fine has been deposited.

B. The hearing officer will only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible person caused or maintained the violation(s) of this code on the date(s) specified in the administrative citation.

C. The responsible person contesting the administrative citation will be given the opportunity to testify and present witnesses and relevant evidence concerning the charges set forth in the administrative citation.

D. The failure of any citee to appear at the administrative citation hearing will constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

E. The administrative citation and any additional documents submitted by the enforcement officer will constitute prima facie evidence of the respective facts contained in those documents.

F. Neither the enforcement officer nor any other representative of the city will be required to attend the hearing, nor will the hearing officer require that there be submitted any evidence, other than the citation, that may exist among the public records of the city on the violation. However, any such appearance or submission may be made at the discretion of the enforcement officer or any city employee or agent.

G. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also must be served by mail on the citee requesting the hearing at least five days prior to the date of the hearing.

H. At least ten days prior to the hearing, the citee must be provided with copies of the citations, reports, and other documents submitted or relied upon by the enforcement officer. No other discovery is permitted and formal rules of evidence will not apply.

I. The hearing officer may continue the hearing and request additional information from the enforcement officer or the citee prior to issuing a written decision.

(Ord. No. 711, § 3(Exh. A), 12-13-2016)

A. After considering all of the testimony and evidence submitted at the hearing, the hearing officer will issue a written decision to uphold, modify or revoke the administrative citation and will list in the decision the reasons for that decision. The decision of the hearing officer will be final.

B. If the decision is to uphold the citation, the city will keep the fine amount on deposit. If the decision is to revoke the citation, then the city will refund the deposited fine to the citee within thirty days of the service of the decision.

C. The citee must be served with a copy of the hearing officer's written decision within twenty days from the date of the hearing.

(Ord. No. 711, § 3(Exh. A), 12-13-2016)

Any person aggrieved by a decision of the hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Los Angeles County Municipal Court in accordance with the timelines and provisions set forth in Government Code Section 53069.4.

(Ord. No. 711, § 3(Exh. A), 12-13-2016)

A. The failure of any person to pay a fine or penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city. To enforce that debt, the city may file a civil action, lien or place a special assessment on the subject property, or pursue any other legal remedy to collect such debt. A person who fails to pay any fine or other penalty owed to the city under this chapter is liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including administrative costs and attorneys' fees. Such collection costs are in addition to any applicable fines, interest, and late charges. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and penalties owed by a person under this chapter have been collected.

B. Any responsible person who has unpaid or delinquent fines, may be refused the issuance of a land use approval, or other city approval pertaining to the property, real or personal, that is the subject of the citation issued pursuant to this chapter.

(Ord. No. 711, § 3(Exh. A), 12-13-2016)

In addition to any other legal remedy, the city may place a lien and/or assessment on property that is the subject of a citation if the citation has been issued to the owner. The following procedures will apply:

A. The city manager may initiate proceedings to record a lien and/or place an assessment against the subject property.

B. Before recording the lien or assessing the property, the city manager must cause a report to be submitted to the city clerk stating the amounts due and owing. The report may include an administrative fee, as established by city council resolution, for the administrative costs associated with the processing and recordation of the proposed lien.

C. The city clerk must fix a time, date, and place for a hearing before the city manager to consider the report and any protests or objections to the report.

D. The city clerk must serve the owner with a hearing notice not less than ten days before the hearing date. The notice must set forth the amount of the delinquent administrative fine, and any penalties and interest that is due. Notice must be sent by first-class and certified mail, postage prepaid, addressed to the owner's address as it appears on the last equalized assessment roll or supplemental roll of the county, whichever is more current. Service by mail is effective on the date of mailing and failure of owner to actually receive notice does not affect its validity.

E. At the conclusion of the hearing, the city manager must adopt a report confirming, discharging, or modifying the delinquent amount. The decision of the city manager will be final. Following the adoption of the report, the city clerk may cause the lien to be filed in the county recorder's office.

F. Prior to recordation of the lien and/or placement of an assessment against the owner's parcel, the city clerk must give ten days' notice to the owner, by personal service or by first-class and certified mail, addressed to the owner's address as it appears on the last equalized assessment roll or supplemental roll of the county, whichever is more current. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy of the proposed lien or assessment in a conspicuous place upon the property for a period of ten days and by publishing notice of the lien or assessment in a newspaper of general circulation in the county in the manner provided by Government Code Section 6062.

G. If the city intends to make the delinquent amount an assessment against the subject property, the notice must specify that the property may be sold after three years by the tax collector for unpaid delinquent assessments.

H. Upon recordation, the lien will have the force, effect and priority of a judgment lien and may be foreclosed by judicial or other sale in the manner and means provided by law.

I. In addition to, or as an alternative to recordation of the lien, the city may collect the amount owed as a special assessment against the owner's parcel. To do so, the city must present a copy of the lien to the county auditor controller to add the amount of the lien to the next regular property tax bill levied against the parcel for municipal purposes. This amount will be collected at the same time and in the same manner as ordinary property taxes are collected, and will be subject to the same penalties and procedures under foreclosure and sale as provided for with ordinary municipal taxes.

(Ord. No. 711, § 3(Exh. A), 12-13-2016)

Once the city receives full payment for the outstanding principal, penalties, and costs related to a recorded lien, the city clerk will cause to be recorded a notice of satisfaction at the county recorder's office. This notice of satisfaction will cancel the city's lien.

(Ord. No. 711, § 3(Exh. A), 12-13-2016)