Chapter 11 — ADMINISTRATIVE CITATIONS

(A) The City Council hereby finds that there is a need for an alternative method of enforcement for violators of the Municipal Code. The City Council further finds that an appropriate method for enforcement for violation is an Administrative Citation Program as authorized by Cal. Gov’t Code § 53069.4 that will reduce the burden on the judicial system while providing full due process for those cited.

(B) The procedures established in this chapter are in addition to criminal, civil or other legal remedies that may be available to the city to enforce violations of the Municipal Code. (C) The City Council finds and determines that enforcement of the provisions of the San Gabriel Municipal Code are municipal affairs as well as matters of purely local concern to the citizens of San Gabriel. (D) The City Council finds that the adoption and implementation of this Administrative Citation Program is within the power and authority of the City of San Gabriel and will achieve the following goals:

(1) To promote and protect the public health, safety and welfare of the citizens of the City of San Gabriel;

(2) To help ensure compliance with the Municipal Code, ordinances and regulations in a timely and efficient manner;

(3) To provide for an administrative process to appeal the imposition of administrative citations and fines that will fully comport with due process and provide those cited with the right to a fair hearing at minimal expense;

(4) To provide a method to hold parties responsible when they fail or refuse to comply with the provisions of the Municipal Code in the city; (5) To reduce the burden on the judicial system and minimize the time and expense of defending the citation on the part of the person cited. (E) Use of this chapter shall be at the sole discretion of the city. (Ord. 569-C.S., passed 7-17-07)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. RESPONSIBLE PERSON. Any individual who is the owner or occupant of real property, owner or authorized agent of any business, company, trust or entity, or the parent or the legal guardian of any person under the age of 18 years, any corporation, association, organization, estate, trust, group, combination acting as a group, or any officer, agent, trustee or employee of any of the foregoing, that causes, permits or maintains a violation of the San Gabriel Municipal Code. ENFORCEMENT OFFICER. Any officer or individual employed or otherwise charged by the city to enforce codes, ordinances, mandates, regulations, resolutions, rules or other laws adopted by the city. (Ord. 569-C.S., passed 7-17-07)

(A) Any person or entity violating any provision of the San Gabriel Municipal Code may be issued an administrative citation by an enforcement officer as provided in this chapter. A violation of this Code includes, but is not limited to, all violations of the Municipal Code and any codes adopted by reference by the City Council, including State Codes, County Codes and Uniform Codes. (B) Every violation of a provision of this code shall be subject to a civil fine. The provisions of this section are in addition to all other legal remedies, criminal or civil, which may be pursued by the city. Violations of this chapter alone may not be prosecuted as criminal violations. (C) In general, administrative citations will be issued after non-compliance with a notice of violation or to a repeat offender of the same offense within a 12-month period. (1) If there is a continuing violation of a building, plumbing, electrical, or other similar structural or zoning issue that does not create an immediate danger to health or safety, a notice of violation shall first be issued providing a minimum of five days to remedy the violation.

(2) Except as specified in division (C)(1) above, the Enforcement Officer is not required to first issue a notice of violation.

(D) Each and every day a violation of the Code exists constitutes a separate and distinct offense.

(E) A civil fine shall be assessed by means of an administrative citation issued by the Enforcement Officer and shall be payable directly to the city or designated agent. (F) Except in the case of administrative citations issued for violations of the local building and safety codes or ordinances contained in §§ 51.60 through 51.68 of Title V, Public Works, fines shall be assessed in the amounts specified by resolution of the City Council, or where no amount is specified:

(1) A fine not exceeding $100 for a first violation;

(2) A fine not exceeding $200 for a second violation of the same ordinance within one year from the date of the first violation;

(3) A fine not exceeding $500 for each additional violation of the same ordinance within one year from the date of the first violation.

(G) In the case of administrative citations issued for violations of local building and safety codes or ordinances contained in §§ 51.60 through 51.68 of Title V, Public Works, fines shall be assessed in the amounts:

(1) A fine not exceeding $100 for a first violation;

(2) A fine not exceeding $500 for a second violation of the same ordinance within one year from the date of the first violation;

(3) A fine not exceeding $1,000 for each additional violation of the same ordinance within one year of the first violation.

(H) Administrative costs may be assessed when a violation has occurred and compliance has not been achieved within the time specified in the compliance order. The administrative costs include any and all costs incurred by the city as well as, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, attorney fees and costs for all re-inspections necessary to enforce the compliance order.

(I) Failure to pay the assessed civil fines and administrative costs may be enforced as a lien upon the real property if the violation is in connection with real property. The lien shall remain in effect until all of the administrative penalties, interest and administrative costs are paid in full.

(Ord. 569-C.S., passed 7-17-07; Am. Ord. 605-C.S., passed 10-1-13; Am. Ord. 612-C.S., passed 2-17-15)

(A) An administrative citation may be issued by an enforcement officer to the responsible person for violation(s) of the Municipal Code and any code adopted by reference by the City Council in the following manner, except where real property is involved and a lien is being placed against the property in accordance with § 11.13:

(1) Personal service. In any case where an administrative citation is issued:

(a) The Enforcement Officer shall attempt to locate and personally serve the responsible person and attempt to obtain the signature of the responsible person on the administrative citation. (b) If the responsible person served refuses or fails to sign the administrative citation, the failure to refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.

(2) Service of citation by mail. If the Enforcement Officer is unable to locate the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned.

(3) Service by citation by posting notice. If the Enforcement Officer does not succeed in personally serving the responsible person, or by certified mail or regular mail, the Enforcement Officer shall post the administrative citation on any real property within the city in which the city has knowledge that the responsible person has a legal interest, and such posting shall be deemed effective service.

(Ord. 569-C.S., passed 7-17-07)

• (A) Each administrative citation shall contain the following information:

(1) Date, approximate time of the violation(s);

(2) Address or definite description of the location where the violation(s) was observed;

(3) Name and current residential address and mailing address, if known, of person or entity alleged to have committed the violation(s);

(4) The Code section(s) or condition(s) violated and a brief description of the violation(s);

(5) The amount of the fine for the violation(s);

(6) An explanation of how the fine shall be paid and the time period by which it shall be paid;

(7) An order to the responsible person to correct the violations within the time specified, and an explanation of the consequences of failure to correct the violation(s);

(8) Identification of rights of appeal pursuant to § 11.07 of this chapter, including the time within which the administrative citation may be contested and the place to obtain a Request for Hearing form to contest the citation; and

(9) The name and signature of the Enforcement Officer and, if possible, the signature of the responsible person.

(Ord. 569-C.S., passed 7-17-07)

(A) Upon receipt of a citation, the responsible person must do the following:

(1) Pay the fine within 15 days from the date the administrative citation is issued. Responsible person(s) shall pay all fines assessed as instructed on the administrative citation. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city.

(2) Remedy the violation(s), if the violation(s) is of such a nature that it can be remedied. If the violation(s) is corrected before the date provided on the citation, no fine shall be imposed.

(3) If the responsible person fails to correct the violation(s) subsequent to the administrative citation, the city may issue further citations for the same violation(s) or the city may choose to utilize another means of enforcement. The amount of the fine for failure to correct the violation(s) for each additional occurrence shall increase at a rate specified in this chapter or by ordinance.

(Ord. 569-C.S., passed 7-17-07)

Any recipient of an administrative citation may contest that there was a violation of the San Gabriel Municipal Code or that he or she is the responsible person by completing a Request for Hearing form and returning it to the address stated on the form within 15 calendar days from the issue date of the administrative citation, together with an advanced deposit of the full amount of the fine. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person or entity charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation. (Ord. 569-C.S., passed 7-17-07)

(A) The City Manager shall appoint a person or contract an agency to provide a person who shall preside at the hearing and hear all facts and testimony presented and deemed appropriated (“hearing officer”).

(B) The hearing officer shall not be a San Gabriel City employee. The employment, performance, evaluation, compensation, and benefits of the Hearing Officer, if any, shall not be directly or indirectly conditioned on or in any way related to the results or prior decisions issued by said Hearing Officer. (Ord. 569-C.S., passed 7-17-07)

(A) No hearing to contest an administrative citation before a hearing officer shall be held unless and until a Request for Hearing form has been completed and timely submitted, and the fine for the citation has been deposited in advance.

(B) A hearing before the Hearing Officer shall be set for a date that is not less than 15 calendar days but not more than 90 calendar days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The responsible person requesting the hearing shall be notified of the time and place set for the hearing at least ten calendar days prior to the date of the hearing.

(C) The Hearing Officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the recipient of the administrative citation has caused or maintained the violation(s) of the Municipal Code, or any code adopted by references by the City Council, on the date(s) specified in the administration citation.

(D) The responsible person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.

(E) The administrative citation and any additional documents submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.

(F) 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 shall also be served by mail on the responsible person requesting the hearing at least ten calendar days prior to the date of the hearing.

(G) At least ten calendar days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the Enforcement Officer. Personal information regarding a reporting party, if any, shall not be disclosed. No other discovery is permitted. Formal rules of the California Evidence Code and discovery shall not apply.

(H) The Hearing Officer may continue the hearing and request additional information from the Enforcement Officer or the recipient of the administrative citation prior to issuing a written decision.

(I) The failure of any recipient of an administrative citation to appear at the administration citation hearing shall constitute an admission of the violation and a failure to exhaust administrative remedies, and shall result in forfeiture of the deposited fines.

(Ord. 569-C.S., passed 7-17-07)

(A) Within ten working days of the hearing’s conclusion, the Hearing Officer shall provide the responsible person with a decision in writing (“administrative order”). The Hearing Officer shall provide the responsible person with the administrative order by personal service or registered or certified mail, return receipt requested, to the responsible person's last known address.

(B) The administrative order shall contain the Hearing Officer’s findings of fact and conclusions and a statement regarding the procedure described in § 11.19 for seeking judicial review. The decision of the Hearing Officer shall be final except as provided for in § 11.19.

(C) A decision in favor of the responsible person shall constitute a dismissal of the administrative citation. If the administrative order renders a decision in favor of the responsible person, the city shall refund the amount of the deposited fines.

(D) If the Hearing Officer renders a decision in favor of the city, the responsible person must comply with the administrative order, or seek judicial review of the administrative order pursuant to § 11.19.

(Ord. 569-C.S., passed 7-17-07)

The failure of any person or entity to pay the civil fines assessed by an administrative citation within the time specified on the citation may result in the city pursuing any and all legal remedies to collect the civil fines. The city will be entitled to recover its collection costs, including reasonable attorney’s fees, according to proof. The city may place a lien upon the subject property for all fines and collections costs in accordance with §§ 11.13 through 11.18. (Ord. 569-C.S., passed 7-17-07)

Failure to pay the assessed civil fines and administrative costs specified in the administrative order of the Hearing Officer may be enforced as:

(A) A personal obligation of the violator, and/or

(B) If the violation is in connection with real property, a lien upon the real property. The lien shall remain in effect until all of the administrative penalties, interest and administrative costs are paid in full.

(Ord. 569-C.S., passed 7-17-07)

(A) Whenever the amount of any administrative penalty and/or administrative cost imposed by the hearing officer pursuant to this subchapter in connection with real property has not been satisfied in full within 90 days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien against the real property on which the violation occurred.

(B) The lien provided herein shall have no force and effect until recorded with the County Recorder. Once recorded, the administrative order shall have the force and effect and priority of a judgment lien governed by the provisions of the Cal. Civil Code § 697.340 and may be extended as provided in Cal. Civil Code §§ 683.110 to 683.220, inclusive. (C) Interest shall accrue on the principal amount of the lien remaining unsatisfied pursuant to the law applicable to civil money judgments.

(D) Prior to recording any such lien, the Director of Finance, or his or her designee, shall prepare and file with the City Clerk a report stating the amounts due and owing.

(E) The City Clerk shall fix a time, date and place for hearing such report and any protests or objections thereto by the City Council.

(F) The Director of Community Development, or his or her designee, shall cause written notice to be served on the property owner not less than ten days prior to the time set for the hearing. Such notice shall be served as provided in division (G).

(G) Where real property is involved, written notice shall be mailed to the property owner at the address as shown on the last equalized county assessment roll, and a copy of the order shall be conspicuously posted at the property which is the subject of the order.

(Ord. 569-C.S., passed 7-17-07)

(A) Any person whose real property is subject to a lien pursuant to § 11.13 may file a written protest with the City Clerk and/or may protest orally at the City Council meeting.

(B) Each written protest or objection must contain a description of the property in which the protesting party is interested and the grounds of such protest or objection.

(C) The City Council shall set the matter for hearing no sooner than 15 days and no later than 60 days after the receipt of the protest.

(D) The City Council, after the hearing, shall adopt a resolution confirming, discharging or modifying the amount of the lien. (Ord. 569-C.S., passed 7-17-07)

Thirty days following the adoption of a resolution by the City Council imposing a lien the City Clerk shall file the same as a judgment lien in the office of the County Recorder of Los Angeles County, California. The lien may carry such additional administrative charges as set forth by resolution of the City Council. (Ord. 569-C.S., passed 7-17-07)

Once payment in full is received by the city for outstanding penalties and costs, the Director of Finance shall either record a notice of satisfaction or provide the property owner, or financial institution, with a notice of satisfaction so they may record the notice with the office of the County Recorder. Such notice of satisfaction shall cancel the city’s lien.

(Ord. 569-C.S., passed 7-17-07)

The lien may be foreclosed and the real property sold, by the filing of a complaint for foreclosure in a court of competent jurisdiction, and the issuance of a judgment to foreclose. There shall be no right to trial by jury. The city shall be entitled to its attorney’s fees and costs. (Ord. 569-C.S., passed 7-17-07)

The lien may be redeemed by the payment in full of all amounts secured by the lien within six months after the lien is recorded and notice is given to the property owner. (Ord. 569-C.S., passed 7-17-07)

Interest shall accrue on all amounts declared due by the Hearing Officer, and unpaid, from the date of the administrative order to the date paid pursuant to the laws applicable to civil money judgements.

(Ord. 569-C.S., passed 7-17-07)

Any person or entity aggrieved by an administrative order of a hearing officer on an administrative citation may obtain review of the administrative order by filing a Petition for Review with the Alhambra Superior Court, County of Los Angeles, in accordance with the statutes of limitations and provisions set forth in Cal. Gov’t Code § 53069.4. (Ord. 569-C.S., passed 7-17-07)

(A) The administrative citation and all notices to be given pursuant to this chapter shall be served on the responsible person in accordance with the provisions of this chapter.

(B) Failure to receive any notice specified in this chapter shall not affect the validity of any proceeding conducted hereunder.

(Ord. 569-C.S., passed 7-17-07)