San Fernando Municipal Code Art. IV Administrative Penalties: Continuing Violations—compliance Orders

This article provides for an administrative remedy for any continuing violation of this Code related to building, plumbing, electrical, mechanical or other similar structural or zoning issues, that does not create an immediate danger to health or safety. This 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. If a violation is not prosecuted criminally, the city may proceed with administrative proceedings pursuant to this article.

(Ord. No. 1537, § 10, 10-21-2002)

The provisions of article III regarding the administrative citation procedure, administrative hearings and payment of administrative fines shall apply to this article IV.

(Ord. No. 1537, § 10, 10-21-2002)

Whenever the citing official determines that there exists a continuing violation of any provision of this Code related to building, plumbing, electrical, mechanical 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.

(Ord. No. 1537, § 10, 10-21-2002)

A compliance order shall contain all of the following information:

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

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

(3) 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.

(4) The consequences of failing to correct the violation, including a description of the administrative hearing procedure and appeal process.

(5) The time period after which administrative fines will begin to accrue if there is no compliance with the order.

(6) The amount of the fine that will be imposed if there is no compliance with the order.

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

(Ord. No. 1537, § 10, 10-21-2002)

The citing official may serve, or cause to be served, a compliance order as provided in article III of this chapter.

(Ord. No. 1537, § 10, 10-21-2002)

(a) 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.

(b) When a compliance order is issued, if the responsible person provides written notice 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 city official to be the date the violation was corrected. If, however, a final inspection confirms compliance before mailing or personal delivery of a written notice, or if no written notice is provided, the date of final inspection shall be the date the violation was corrected.

(Ord. No. 1537, § 10, 10-21-2002)

If the responsible person fails to fully comply with the compliance order within the time specified therein, the citing official may issue an administrative citation as provided in article III of this chapter. The issuance of the administrative citation does not obviate the responsible person's obligation to fully comply with the compliance order.

(Ord. No. 1537, § 10, 10-21-2002)

(a) If an administrative citation is appealed by the responsible person and an administrative hearing is held pursuant to article III of this chapter, 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 make findings within the administrative order regarding the existence of the violation(s) 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. If the administrative hearing officer determines that the violation(s) set forth in the compliance order did not exist, or that the violation(s) was (were) timely corrected, all proceedings regarding the violation(s) 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. The administrative order shall be served upon the responsible person by registered mail. Service shall be deemed effective on the date of mailing.

(b) The administrative order shall impose administrative fines as provided in this chapter, and administrative costs as provided in this chapter.

(c) 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. The administrative order shall set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal.

(Ord. No. 1537, § 10, 10-21-2002)

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 costs of investigation, staffing costs in preparation for the administrative hearing and for the hearing itself, attorneys' fees and costs 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.

(Ord. No. 1537, § 10, 10-21-2002)

(a) If the responsible person fails to satisfy in full the assessed administrative fines and costs by the time specified in the administrative order, and no timely appeal of the administrative order has been filed with the Los Angeles Superior Court (North Valley District/San Fernando Division), 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 county 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 certified mail return receipt and by first class mail at least ten days before the date of the hearing. If the owner of record, after diligent search cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and by publication of the notice at least ten days prior to the hearing in a newspaper of general circulation published in the county.

(c) If the city council determines that the lien should be imposed, then the citing official shall 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 Civil Procedure Code § 697.340, and may be extended as provided in Civil Procedure Code §§ 683.110 to 683.220, inclusive.

(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.

(Ord. No. 1537, § 10, 10-21-2002)