Rolling Hills Municipal Code Ch. 1.08 General Penalty

A. Any person violating any provision or failing to comply with any of the mandatory requirements of the ordinances of the City shall be charged with a misdemeanor, unless the violation is made an infraction by ordinance.

B. Any person who violates the same provision, or fails to comply with the same requirement, of the sections of this code set forth in Section 1.08.030 more than three times within a twelve-month period shall be charged with a misdemeanor for each violation committed thereafter within that same twelve-month period. Any person who violates or fails to comply with the sections of this code set forth in Section 1.08.030 and who possesses no photo identification or refuses to identify him or herself to an enforcement officer, making it impossible to issue an administrative citation, shall be charged with a misdemeanor.

(Ord. 167 § 1(a), 1978).

(Ord. No. 352, § 3, 5-22-2017)

A violation of any ordinance that is a misdemeanor may be charged as an infraction when:

A. The prosecutor files a complaint charging the offense as an infraction, unless the defendant, at the time he or she is arraigned, after being informed of his or her rights, elects to have the case proceed as a misdemeanor; or

B. The court, with the consent of the defendant, determines that the offense is an infraction. In that event, the case shall proceed as if the defendant had been arraigned on an infraction complaint.

(Ord. No. 321, § 7, 1-10-2011)

A. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.

B. Except as provided in subsection C below, any person convicted of an infraction under the provisions of this code shall be punishable by:

1. A fine of one hundred dollars for the first violation;

2. A fine of two hundred dollars for the second violation of the same provision of this code within twelve months of the first violation;

3. A fine of five hundred dollars for the third and each additional violation of the same provision of this code within twelve months of the first violation.

C. Any person convicted of an infraction under the provisions of Title 15 of this code shall be punishable by:

1. A fine of one hundred dollars for the first violation;

2. A fine of five hundred dollars for the second violation of the same provision of this code within twelve months of the first violation;

3. A fine of one thousand dollars for the third and each additional violation of the same provision of this code within twelve months of the first violation.

D. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall be punishable accordingly.

(Ord. 313 § 1, 2008: Ord. 167 § 1(b, c, d), 1978).

Any person violating any provision or failing to comply with any of the mandatory requirements of Chapter 9.58, shall be subject to the administrative penalty provisions of this chapter.

(Ord. No. 352, § 2, 5-22-2017)

An administrative penalty shall be assessed by means of an administrative citation issued by an enforcement officer and shall be payable directly to the City. Penalties shall be set forth in a penalty schedule established by resolution of the City Council. A portion of each penalty shall constitute reimbursement for the City's administrative expenses in issuing and processing the citation. Penalties shall be collected in accordance with the procedures specified in this chapter. Payment of a penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement by the City. In the case of violations of the building, plumbing, mechanical or electrical codes, an administrative citation shall not be issued until after the responsible party has been provided a notice and a reasonable opportunity to correct the violation, and has failed to do so.

(Ord. No. 352, § 2, 5-22-2017)

An administrative citation may be issued to a responsible party by an enforcement officer for violation of those sections set forth in Section 1.08.030 as follows:

A. By Personal Service. The person on whom the citation is served is required to confirm receipt by signing a copy of the citation, but his or her failure to do so shall have no effect on the citation's validity or enforceability; or

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

C. By Posting on Property. If the enforcement officer is unable to serve the citation under subsections (A) or (B) above, by posting a copy of the citation on any real property within the City in which the City has knowledge that the responsible party has a legal interest. Service under this subsection shall be deemed effective on the date when the notice is posted; or

D. By Publication. If the enforcement officer cannot serve the citation by any of the above methods, the enforcement officer may publish the citation in a newspaper likely to give actual notice to the party subject to the citation. The publication shall be once a week for four successive weeks in a newspaper published at least once a week.

(Ord. No. 352, § 2, 5-22-2017)

Administrative citations shall contain all of the following information:

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

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

C. The action required to correct the violation;

D. The consequences of failing to correct the violation;

E. The amount of penalty imposed for the violation;

F. The procedure to contest the citation;

G. The signature of the enforcement officer and the signature of the responsible party, if that person can be located and will sign the citation, as set forth in Section 1.08.050.

(Ord. No. 352, § 2, 5-22-2017)

Upon receipt of a citation, the responsible party must do one of the following:

A. Pay the Penalty. Pay the fine to the City within thirty days from the date of the citation. All fines assessed shall be payable to the City. Payment of a fine shall not excuse or discharge a failure to correct continuing violations nor shall it bar further enforcement action by the City. Payment of the penalty waives the responsible party's right to the administrative hearing and appeal process pursuant to Section 1.08.090; or

B. Remedy the Violation. If the violation is a first-time correctable offense, is deemed by the enforcement officer not to create an immediate threat to health and safety, and the responsible party remedies it within the time indicated on the citation; or

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

In the event the responsible party fails or refuses to select and satisfy any of the alternatives set forth in subsection (A), (B) or (C) above, then the penalty shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquent penalty shall not preclude issuance of additional citations to the responsible party should the violations persist.

(Ord. No. 352, § 2, 5-22-2017)

If an enforcement officer issues an administrative citation because the responsible person lacks a required permit or license required by this code and the fine is delinquent, the City shall not issue the permit or license until the delinquent fine, and any applicable penalties and interest, are paid. Similarly, no permit or license shall be renewed until any and all outstanding administrative citations have been paid in full, regardless of the violation that triggered the administrative citation.

(Ord. No. 352, § 2, 5-22-2017)

A. Prehearing Dismissal of Citation. The City Manager may dismiss an administrative citation at any time in the interest of justice or if the citation is determined to have been issued in error, in which event any deposit made shall be refunded. Alternatively, the City Manager and the individual may voluntarily enter into a compliance agreement whereby the individual agrees to adhere to the requirements for compliance specified in the agreement and the City agrees to dismiss the citation upon satisfactory correction.

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

C. Appointment of Administrative Hearing Officer. The hearing shall be conducted by an administrative hearing officer appointed by the City Manager to perform such hearings.

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

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

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

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

F. Procedures at Administrative Hearing. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The City bears the burden of proof at an administrative hearing to establish a violation. The citation is prima facie evidence of the violation and the enforcement officer who issued the citation is not required to participate in the hearing. The administrative hearing officer shall use preponderance of the evidence as the standard of evidence in deciding the issues. Evidence shall be submitted under penalty of perjury.

G. Decision of an Administrative Hearing Officer. At the conclusion of the hearing or within fifteen days thereafter, the administrative hearing officer shall render a decision as follows:

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

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

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

The administrative hearing officer shall issue a written decision entitled "Administrative Order" no later than fifteen days after the date on which the administrative hearing concludes. The administrative order shall be served upon the responsible party by first class mail, or if that method fails, by any of the other methods set forth in Section 1.08.050. The administrative order shall become final on the date of mailing or other service, and shall notify the responsible party of his or her right to appeal as provided in subsection (H) of this section. The Administrative Order shall also: (i) either set a deadline for compliance with its terms, in the event that the responsible person fails to file an appeal, in no event less than twenty days from the date of mailing or other service; or (ii) if the hearing officer determines as described in subsection (G)(2) or (G)(3) immediately above, and the responsible party has deposited the penalty with the City, order a partial or full refund of the deposit.

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

H. Appeal the Administrative Order. If an administrative order is rendered in favor of the City, the responsible person may seek judicial review of the administrative order in the Los Angeles County Superior Court, by filing an appeal of the administrative order pursuant to, and paying the fee required by, Government Code section 53069.4 within twenty days after service of the administrative order. Pursuant to Government Code section 53069.4, the appealing party must serve a copy of the notice of appeal in person or by first-class mail upon the City Clerk. If no notice of appeal is filed within the twenty-day period, the administrative hearing officer's decision is final.

I. Failure to Comply with Administrative Order. In the absence of a timely appeal to the superior court, failure to comply with a final administrative order directing the abatement of a continuing violation by the date specified in the order shall be a misdemeanor for each day thereafter, or any portion thereof, that the violation is maintained or permitted. In the event of a timely appeal to the superior court pursuant to subsection (H) of this section, and provided the City prevails thereon each day, or any portion thereof, that a continuing violation is maintained or permitted after a court-ordered abatement date shall be a misdemeanor. Filing a misdemeanor action does not preclude the City from pursuing any other remedies to gain compliance provided in this code or under State law. For purposes of this subsection (I), a "continuing violation" shall mean a single, ongoing condition or activity in violation of the municipal code.

(Ord. No. 352, § 2, 5-22-2017)