San Fernando Municipal Code Div. 3 Liability and Penalties for Fireworks Violation

Chief, as used in this chapter, means Chief of the Los Angeles County Fire Department.

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

Citation means an administrative citation issued pursuant to this division to remedy a violation.

Code enforcement officers, (CEO) as used in this Division 3, mean those individuals defined in section 1-32 (Arrests and citations) of the San Fernando Municipal Code and any city employee or agent of the City with the authority to enforce any provision of this San Fernando Municipal Code.

Code means the San Fernando Municipal Code.

Director means the city manager or his or her designee.

Hearing officer means the person appointed by the City Manager or his/her designee to serve as the hearing officer for administrative hearing hereunder.

Issuance or issued means any of the following:

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

(2) Mailing of administrative fine citation to the citee by certified mail with return receipt, to the address shown on the official records of the County Assessor; or

(3) By personally serving the responsible party by personal delivery of the administrative fine citation or by substituted service. Substituted service may be accomplished as follows:

a. By leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household, and thereafter mailing by First Class Mail, postage pre-paid, a copy to the recipient at the address where the copy was left; or

b. In the event the responsible party cannot be served by First Class Mail, postage pre-paid, or cannot be personally served by First Class Mail, postage pre-paid, or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be made upon the property manager or rental agency or may be affected by posting the property with the administrative fine citation and mailing a copy by First Class Mail, postage pre-paid, to the responsible party in violation at the address of the property where the violation exists.

Person means a natural person or a legal entity that is also an owner, tenant, lessee and/or other person with any right to possession or control of the property where a violation of Article III has occurred.

Responsible person, as used in this Division 3, means a person who cases a violation of this Article III to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur, or allows a violation to exist or continue. There is a rebuttable presumption that the record owner of a residential parcel, as shown on the county's latest equalized property taxes assessment rolls, and lessee of a residential parcel has notice of any violation existing on said property. For purposes of this Division 3, there may be more than one responsible person for a violation. Any person, irrespective of age, found in violation of this article may be issued a citation in accordance with the provisions of this Division 3. Every parent, guardian or other person, having legal care, custody or control of any person under the age of 18 years, who knows or reasonably should know that a minor is in violation of this Article III, may be issued a citation in accordance with the provisions of this Division 3, in addition to any citation that may be issued to the offending minor.

Violation or violates, means any violation of any provision of this Article III (Fireworks) of Chapter 38 (Fire Prevention and Protection) of the San Fernando Municipal Code.

(Ord. No. 1645, § 2, 9-21-2015)

(a) This Division 3 authorizes the imposition of administrative fines or any person who violates any provision of Article III in order to encourage and obtain compliance with the provisions of Article III for the benefit and protection of the entire community. This section governs the imposition, enforcement, collection and administrative review of all administrative fines related to: the possession, use, storage, sale and/or display of those fireworks classified as "dangerous fireworks" in Health and Safety Code section 12500 et seq. with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of "safe and sane fireworks" as defined in Health and Safety Code section 12550 et seq. locations other than as permitted by Article III. Said administrative fines are imposed under the authority of Government Code section 53069.4, Health and Safety Code section 12557, and the City's police power.

(b) The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the City authorized hereunder; and the issuance of a citation to any person constitutes but one remedy available to the City to redress violations of this Division 3 by any person. By adopting this Division 3, the City does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violations of this Code by any person, which the City may otherwise pursue.

(c) The imposition of fines related to "dangerous fireworks" under this Division 3 shall be limited to persons who possess, sell, use and/or display, or the seizure of 2) pounds or less (gross weight) of such "dangerous fireworks."

(Ord. No. 1645, § 2, 9-21-2015)

Fines collected pursuant to this Division 3 related to "dangerous fireworks" shall not be subject to Health and Safety Code Section 12706, which section provides that certain fines collected by a court of the state be deposited with, and disbursed by the County Treasurer. However, the city shall provide cost reimbursement to the State Fire Marshal pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal's cost for the transportation and disposal of "dangerous fireworks" seized by the city, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted by the State of California, the city shall hold in trust $250.00 or 25 percent of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the "dangerous fireworks."

(Ord. No. 1645, § 2, 9-21-2015)

Because of the serious threat of fire or injury posed by the use of fireworks that can result from persistent or repeated failures to comply with the provisions of this code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this Division 3 imposes strict civil liability upon the owners of residential real property for all violations of this code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.

(Ord. No. 1645, § 2, 9-21-2015)

(a) Notwithstanding San Fernando Municipal Code Chapter 1, Article III, the procedure set forth in this Division 3 shall govern the issuance of administrative citations for violations of this Article III of Chapter 38 of the San Fernando Municipal Code.

(b) Whenever a code enforcement officer (CEO) determines that a violation of this Article III of Chapter 38 has occurred, the CEO may issue an administrative citation on a city form listing the Code violation(s) and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with the provisions of this Division 3.

(c) Each administrative citation shall contain the following provisions:

(1) The name, mailing address, date of birth, California Drivers License number, and home or business telephone number of the responsible person charged with any violation of this Code;

(2) The address or description of the location of the violation;

(3) The date or dates on which the person violated this Code;

(4) The section or sections of this Code that were violated;

(5) A description of the violations(s);

(6) The amount of the administrative fine for each violation, the procedure in place to pay the fines, and any late fee and interest charge(s), if not timely paid, and notice that if the city is required to take action to collect such fines, the responsible person may be charged costs and attorneys' fees;

(7) Notice of the procedure to request an administrative hearing to contest the citation (including the form to be used, how to obtain the form, and the period within which the request must be made in order for it to considered timely);

(8) The names, addresses and telephone numbers of any witnesses to the violations(s);

(9) The name and signature of the CEO who issued the citation and the name and signature of the citee, if he or she is physically present and will sign the citation at the time of issuance. The refusal of a citee to sign a citation shall not affect its validity or any related subsequent proceedings, nor shall signing a citation constitute an admission that a person is responsible for a violation of the Code;

(10) Any other information deemed necessary by the Director for enforcement or collection purposes.

(Ord. No. 1645, § 2, 9-21-2015)

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(a) Each person who violates any provision of this Code as it relates to the possession, use, storage, sale and/or display of "dangerous fireworks" shall be subject to the imposition and payment of an administrative fine or fines as provided below:

(b) Any person who fails to obtain a permit for the public display of fireworks, in accordance with Division 2 of this Article III, shall be subject to the imposition and payment of an administrative fine or fines as provided below:

(c) Any person who does obtain a permit for the public display of fireworks as required by Division 2 of this Article III and who violates a condition imposed pursuant to section 38-100 shall be subject to the imposition and payment of an administrative fine or fines as provided below:

(d) Each person who uses "safe and sane fireworks" other than those uses permitted in this Article III shall be subject to the imposition and payment of an administrative fine or fines as provided below:

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(e) In the In the case of a violation of any of the provisions listed above, the administrative fine(s) shall be due and payable within 30 calendar days from the issuance of the administrative fine citation, and the citee shall be required to abate the violation, and surrender all dangerous fireworks to the CEO, immediately. For penalties not paid in full within that time, a late charge in the amount set forth above is hereby imposed and must be paid to the city by the citee. Fines not paid within the time established by this division shall accrue interest at the prevailing established rate. On the second and each subsequent time that a person is issued a citation for the same violation in any 12-month period, the fine is increased as indicated above and the citee shall be liable for the amount of the new fine until it is paid, in addition to being responsible for payment of previous fines.

(f) All administrative fines and any late charges and interest due shall be paid to the city at such location or address as stated on the citation, or as otherwise be designated by the city manager or his or her designee. Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of the code, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of the Code. The issuance of the 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 including the issuance of additional citations and/or criminal prosecution pursuant to Article II (General Penalties) of Chapter 1 (General Provisions and Penalties) of this Code.

(g) Upon confirmation of the citation or when the citation is deemed confirmed, all unpaid administrative fines, late fees and/or interest shall constitute a judgment which may be collected in any manner allowed by law for collection of judgments including but not limited to recordation to create a lien on any real property owned by the responsible person. The city shall be entitled to recover its attorney's fees and costs incurred in collecting any administrative fines, late charges and/or interest.

(h) Payment of the administrative fine shall not excuse or discharge a citee form the duty to immediately abate and correct a violation of the Code nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of the Code.

(i) Right to an administrative hearing.

(1) Any citee may contest the violation(s), or that he or she is a responsible person, by filing a request for an administrative hearing on a city-approved form with the city clerk within 30 calendar days from the issuance date of a citation. If the city clerk does not receive the request in the required time period, the citee shall have waived a right to a hearing and the citation shall be deemed confirmed and final.

(2) No fees shall be charged for the filing of a request for a hearing.

(3) Citees shall deposit the full amount of the penalty listed on the citation on or before the request for a hearing is filed. Failure to deposit the full amount of all penalties within the required time period, or the tender of a non-negotiable check, shall render a request for an administrative hearing incomplete and untimely. Penalties that are deposited with the city shall not accrue interest. Penalties deposited shall be returned to the person who deposited them in if the citation is overturned.

(4) A request for a hearing shall contain the following:

a. The citation number;

b. The name, address, telephone number and any facsimile numbers and e-mail addresses of each person contesting the citation;

c. A statement of the reason(s) why a citation is being contested;

d. The dates and signature of the citee(s).

(5) The city will notify all persons who filed a request for a hearing in writing by First Class Mail of the date, time and place set for the hearing at least ten (10) calendar days prior to the date of the hearing. Service of this notice is deemed complete at time of mailing. The failure of a citee to receive a properly addressed notice shall not invalidate the citation or any hearing, City action or proceeding conducted pursuant to this Division 3.

(6) The hearing will be conducted within sixty (60) days of the date a timely and complete request is received by the city clerk.

(7) If the CEO submits an additional written report concerning the citation to the city for consideration at the hearing, the CEO shall also serve a copy of such report by first-class mail on the person requesting an administrative hearing no less than seven calendar days prior to the date of the hearing. Failure to receive said report shall not invalidate the citation or any hearing. City action or proceeding pursuant to this Division 3.

(j) Administrative hearing—Procedures.

(1) The hearing officer designated or appointed by the city manager or his or her designee shall hear all requests for administrative hearings of administrative fines in accordance with the procedures established herein.

(2) Administrative hearings are informal, and formal rules of evidence do not apply. The city bears the burden of proof to establish a violation and responsibility therefore by a preponderance of the evidence. The citee(s) and CEO, if present, shall have an opportunity to present evidence and witnesses and to cross-examine witnesses. A citee may bring an interpreter to the hearing provided there is no expense to the city therefore. The hearing officer may question any person who presents evidence or who testifies at any hearing.

(3) A citee may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the city clerk at least seven business days prior to the hearing. If the citee fails to attend or does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a hearing. In such an instance, the hearing officer shall cancel the hearing and not render a decision. In such instances, the citation shall be deemed confirmed.

(4) Hearings may be continued once at the request of a citee or the officer who issued the citation. The hearing officer may also continue the hearing for cause.

(k) Hearing decision—Right to appeal.

(1) After considering all the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or overturn the citation and shall state the reasons therefore.

(2) The hearing officer shall serve cite(s) by First Class Mail with a copy of the written decision. The date the decision is deposited with U.S. Postal Service shall constitute the date of its service. The failure of a citee to receive a properly addressed decision shall not invalidate any hearing, city action or proceeding conducted pursuant to this Division 3.

(3) Decisions of the hearing officer may be appealed, to the City Council within thirty (30) days after the date of their service. Each decision shall contain a statement advertising the citee of this appeal right and the procedure for its exercise. A citee shall file a notice of appeal with the city within 20 calendar days after the date of service of the hearing officer's decision.

(4) If a hearing officer's decision is not appealed in a timely manner, the decision shall be deemed confirmed.

(5) The city council is the sole reviewing authority. If a responsible person prevails on appeal, the city shall reimburse his or her fine deposit within 30 calendar days of the city council's decision on appeal.

(Ord. No. 1645, § 2, 9-21-2015)