San Fernando Municipal Code Art. III Administrative Penalties—citations

This article provides an administrative remedy for any violation of this Code, which remedy may be exercised in place of, or in addition to, any other remedy which is allowed by law, whether administrative, criminal, civil, or equitable. The city attorney or city prosecutor shall have sole discretion to determine whether a violation will be prosecuted criminally.

(Ord. No. 1537, § 8, 10-21-2002)

The following words and phrases, when used in the context of this article, shall have the following meanings:

Citing official. Any officer or employee authorized to issue citations pursuant to section 1-32 of this Code.

City administrator. The administrative officer, as provided in this Code, or the administrative officer's designee.

Legal interest. Any ownership interest of any person in property as evidenced by title or ownership documents or instruments which have been recorded with the county recorder's office or which are on file with, or in possession of, any other governmental entity. Legal interest shall also include the property interest of lessees or tenants of real property, as well as all sublessors thereof.

Responsible person. Any person whom a citing official determines is responsible for causing, maintaining, permitting, or allowing a violation of the Code. Responsible person includes but is not limited to any person who has an ownership or possessory interest in property, or any agent thereof with actual or apparent authority, possession, or control of property, as well as any other person, who creates, permits, or allows a violation of this Code to be maintained.

(Ord. No. 1537, § 8, 10-21-2002)

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

(Ord. No. 1537, § 8, 10-21-2002)

An administrative citation shall contain all of the following information:

(1) The date and location of the violation and the approximate time the violation occurred or was detected.

(2) The Code section violated and a description of the violation.

(3) The amount of the fine imposed for the violation, and the time within which and the place at which the fine shall be paid.

(4) An order prohibiting another occurrence of the Code violation.

(5) 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.

(6) The name and signature of the citing official.

(Ord. No. 1537, § 8, 10-21-2002)

Except as provided below, the citing official may issue an administrative citation, on a form approved by the city administrator or, pursuant to this chapter, serve a compliance order to a responsible person using either of the following methods:

(1) Personal service. The citing official may issue the administrative citation or serve a compliance order by personal delivery thereof to a responsible person. The citing official shall attempt to obtain on the administrative citation or compliance order the signature of the responsible person. If the responsible person or person served refuses or fails to sign the administrative citation or compliance order, the failure or refusal to sign shall not affect the validity of the citation, the compliance order or of subsequent proceedings. Service shall be deemed effective on the date of delivery.

(2) Mail. The citing official may mail the administrative citation or compliance order to the responsible person by registered mail. Service shall be deemed effective on the date of mailing.

(3) Posting. If the citing official does not succeed in serving the responsible party personally or by registered mail, the citing official shall post the administrative citation or compliance order on any real property within the city in which the responsible person has a legal interest, and such posting shall be deemed effective service. Service shall be deemed effective on the date of posting.

(4) Publication. If the citing official does not succeed in serving the responsible person personally or by registered mail and the city is not aware that the responsible person has a legal interest in any real property within the city, the citing official shall cause the administrative citation to be published once a week for four successive weeks in a local newspaper published at least once a week. Service shall be deemed effective upon the final date of publication.

(Ord. No. 1537, § 8, 10-21-2002)

(a) For any violation of this Code for which there is no specific administrative penalty established in this Code or by the city council, the fine imposed pursuant to this article for the particular violation shall be in the amount of $100.00 for a first violation; $200.00 for a second violation of the same provision of this Code within a 12-month period; and $500.00 for each additional violation of the same provision of this Code within a 12-month period.

(b) Administrative fines assessed pursuant to an administrative citation are a debt owed to the city.

(Ord. No. 1537, § 8, 10-21-2002)

The fine imposed pursuant to this article for a particular violation and for any subsequent violation of the same Code section, shall be in the amount set forth in the bail schedule established by resolution of the city council. The administrative fine shall be paid to the city clerk within 20 days from the date of service of the administrative citation. If, after a hearing requested pursuant to this chapter, the hearing officer determines that the administrative citation should be cancelled, the administrative fine shall be refunded in accordance with the provisions of this chapter.

(Ord. No. 1537, § 8, 10-21-2002)

(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 city clerk; and (2) either depositing the administrative fine with the city clerk or providing notice that a request for an advance deposit hardship waiver has been filed pursuant to this article. A request for hearing form may be obtained from the city clerk.

(b) The responsible person to whom an administrative citation is issued shall file with the city clerk a completed request for hearing form and the administrative fine or completed hardship waiver form pursuant to this chapter within 20 days from the date of service of the administrative citation. In the event of any dispute as to the date of filing, the date indicated on a file stamped copy in the city clerk's office or a file stamped copy in the control of the responsible party shall control. The responsible person's failure to file the request for hearing form and the fine or hardship waiver form within 20 days of the date of service of the administrative citation shall constitute a waiver of the right to a hearing.

(c) The person requesting the hearing shall be notified by registered mail of the time and place of the hearing at least ten days before the date of the hearing. Any documentation, other than the administrative citation the citing official has submitted or will submit to the hearing officer shall be served on the person requesting the hearing by registered mail at least five days before the date of the hearing.

(Ord. No. 1537, § 8, 10-21-2002)

(a) Any responsible person who requests a hearing to contest an administrative citation and who is financially unable to deposit the administrative fine as provided in this chapter may file a request for an advance deposit hardship waiver. The request shall be filed with the city clerk on an advance deposit hardship waiver application form, available from the city clerk, no later than 20 days after service of the administrative citation. The responsible person's failure to file a completed form, with all supporting documents, within 20 days after service of the administrative citation shall constitute a waiver of the right to receive a hardship waiver. In the event of any dispute as to the date of filing, the date indicated on a file stamped copy in the city clerk's office or a file stamped copy in the control of the responsible party shall control.

(b) The city administrator 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 city administrator, the person's financial inability to deposit with the city the full amount of the fine in advance of the hearing. The city administrator 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 by registered mail. The decision shall be deemed served on the date of mailing. If the city administrator determines that the waiver is not warranted, the person shall remit the full amount of the fine to the city clerk within ten days of service of the city administrator's written decision. The city administrator's decision whether to issue a hardship waiver shall be final.

(Ord. No. 1537, § 8, 10-21-2002)

Only after a request for hearing form is received by the city clerk 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 a perfected appeal. The city shall send notice of the date, time, and place of the hearing to the person requesting the hearing by registered mail at least ten days before the date of the hearing.

(Ord. No. 1537, § 8, 10-21-2002)

The responsible person requesting a hearing may request one continuance, and the city may continue the hearing on its own initiative, but in no event shall the hearing begin later than 90 days after the request for hearing form is filed, and the administrative fine is deposited with the city or an advance deposit hardship waiver is issued.

(Ord. No. 1537, § 8, 10-21-2002)

The city administrator shall establish procedures for the selection of administrative hearing officers. In no event, however, shall the same person who issued the administrative citation be the administrative hearing officer.

(Ord. No. 1537, § 8, 10-21-2002)

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 the City Code. Administrative citations, compliance order 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.

(Ord. No. 1537, § 8, 10-21-2002)

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.

(Ord. No. 1537, § 8, 10-21-2002)

The administrative hearing officer shall issue a written decision entitled "administrative order" no later than 30 days after the date on which the administrative hearing concludes. The administrative hearing officer shall include a written decision to uphold or cancel the administrative citation within the administrative order. The decision shall set forth the reasons for the decision. 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 order shall be served upon the responsible person by registered mail. Service shall be deemed effective on the date of mailing. The administrative order shall become final on the date of service, and shall notify the responsible person of the right to appeal as provided in this chapter.

(Ord. No. 1537, § 8, 10-21-2002)

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 article, shall be liable for the payment of the applicable late payment charges as follows:

(1) For payments received within 30 days after the due date, a late fee in the amount of 50 percent of administrative fine due;

(2) For payments received more than 30 days after the due date, a late fee in the amount of 50 percent of 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.

(Ord. No. 1537, § 8, 10-21-2002)

The city may collect any past-due administrative fine or late payment charges by use of any available legal means, including the lien procedure set forth in this chapter.

(Ord. No. 1537, § 8, 10-21-2002)

Within 20 days after service of the decision of the administrative hearing officer upon the responsible person, the responsible person may seek de novo review of the decision by filing a notice of appeal with the Los Angeles Superior Court (North Valley District/San Fernando Division). The responsible person shall serve upon the city clerk, either in person or by regular first class U.S. mail, a copy of the notice of appeal. If the responsible person fails to timely file a notice of appeal, the administrative hearing officer's decision shall be deemed confirmed.

(Ord. No. 1537, § 8, 10-21-2002)

The responsible person seeking review of the administrative order must pay a fee of $25.00 to the Los Angeles Superior Court (North Valley District/San Fernando Division). In the event that the court finds in favor of the responsible person, the city will refund this fee to the responsible person.

(Ord. No. 1537, § 8, 10-21-2002)

Failure to comply with an administrative order after it becomes final, or to pay an administrative fine or late payment charges, is a misdemeanor. Filing a criminal misdemeanor action does not preclude the city from using any other legal remedy available to gain compliance with an administrative order, or to collect any past-due administrative fine or late payment charges.

(Ord. No. 1537, § 8, 10-21-2002)

The conviction and punishment of any person for failure to comply with the provisions of this chapter 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 or administrative penalty for the violation of any of the provisions of this chapter. All remedies shall be 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.

(Ord. No. 1537, § 8, 10-21-2002)